Cities Index.
Agenda

Indio City Council
June 5, 2024

Document
Agenda
Meeting
June 5, 2024
Body
Indio City Council
Pages
563
Original file
238.9 MB
Text extracted from the city's file for reading and search. Open the original on indio.civicweb.net. That file is the official record.

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Addendum 1 - Insurance
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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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Addendum 2 – Federal Funds
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ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

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Agreement with Michael
Baker International

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PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL CIVIL ENGINEERING SERVICES

BETWEEN THE CITY OF INDIO AND MICHAEL BAKER INTERNATIONAL THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day ofJune 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Michael Baker International, a California corporation, (“Consultant”).

For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by issuance of request for qualifications, the performance of as-needed professional civil engineering services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

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

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

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(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(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 Section 21, “Default” 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 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $600,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” 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 Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or

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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, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants 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 Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general

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and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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 at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. 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.
(a) 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 certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or Consultant’s obligations under this agreement, 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 Consultant’s obligations hereunder in the performance of this Agreement. (b) 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. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, 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.

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(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement 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 any remedies available to City under applicable law.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, and representatives and agents (“Indemnified Parties”) from and against any and all third party claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, direct losses, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), direct damages, costs and expenses, including reasonable attorney’s fees and costs, (collectively "Claims") to the extent that such arise directly out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or any negligent act, error, or omission by Consultant in Consultant’s performance of Services by Consultant under this Agreement, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control for whom Consultant is legally liable.

Consultant’s duty to indemnify, protect, defend and hold harmless the Indemnified Parties, shall not include any Claims to the extent arising from the sole negligence or willful misconduct or other fault or wrongdoing of the Indemnified Parties. In no event shall Consultant’s total liability for indemnity under this Section exceed Consultant’s prorata share of all fault causing any injury or loss. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the

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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 and this section.

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 Addendum “1” “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 without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. 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 subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.

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(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

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 shall 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 or reduced, if circumstances warrant. 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 pay all undisputed amounts owed to Consultant. 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.

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Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: Michael Baker International
Attn: Christopher Alberts, Vice President
75-410 Gerald Ford Drive, Suite 100
Palm Desert, CA 92211
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and

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to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by 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 Indio 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. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, 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.

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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. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. 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 Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL CIVIL ENGINEERING SERVICES

BETWEEN THE CITY OF INDIO AND MICHAEL BAKER INTERNATIONAL IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney

CONSULTANT
By:

Christopher Alberts
Its: Vice President

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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Agreements for Professional Services to perform As-Needed Professional C... Page 751 of 2161 SubmiƩedto: SubmiƩedby:
74-510GeraldFordDrive
Suite100
PalmDesert,CA92211
100CivicCenterMall
Indio,CA92201
On-CallProfessionalCivilEngineeringServices

STATEMENTOFQUALIFICATIONS

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1. COVER LETTER
April 26, 2024
City of Indio
100 Civic Center Mall
Indio, CA 92201
Re: On-Call Professional Civil Engineering Services
In today’s world of ever-increasing demand on infrastructure, ci�es are tasked with providing solu�ons for aging roadways, easing traffic conges�on, maintaining u�lity services and implemen�ng projects that will improve the quality of life for their communi�es. The City of Indio requires an experienced, qualified, and dependable team with demonstrated success to deliver quick turnaround response to accommodate the City’s workload. Atached is Michael Baker Interna�onal’s (Michael Baker) response to the City’s Request for On-Call Professional Civil Engineering. The Project Team was selected on the basis of past experience and knowledge in order to serve the best interests of the City. Our past experience within the Coachella Valley, aligned with our innovate approaches to on-call contracts, will allow Michael Baker to serve as an asset to the City in delivering cri�cal projects.

With our Palm Desert office posi�oned nearby, a Michael Baker team member is never far away. As a trusted partner to the City of Indio, the Michael Baker team is commited to provide responsive service and will be within arm’s reach of the City allowing for quick response �mes, and easy mee�ng coordina�on.

Work provided for this contract with the City will be headquartered from Michael Baker’s Palm Desert office with technical support coming from throughout the region. Addi�onally, Michael Baker’s staff have worked from home for over four years and are now proficient at providing efficient and seamless support to our clients through the variety of communica�on media commonly used, o�en resul�ng in more cost-effec�ve mee�ngs and services.

THE MICHAEL BAKER TEAM IS UNIQUELY QUALIFIED TO PERFORM THIS WORK

YEAR FOUNDED: 1940
FORM OF ORGANIZATION:

Pennsylvania Corporation
LEGAL NAME OF FIRM: Michael
Baker International
CONTACT INFORMATION:

Steven Latino, PE, TE
75-410 Gerald Ford Drive
Suite 100
Palm Desert, CA 92211
[email protected].

CALIFORNIA DEPT. OF INDUSTRIAL
RELATIONS #: PW-LR-1000631983
OFFICES: Locally: 9; Nationally: 90
EMPLOYEES: Locally: 558; Nationally:
3,000+

SOUTHERN CALIFORNIA OFFICES &
NUMBER OF EMPLOYEES:

Ontario (52); Palm Desert (25);
Temecula (43); Santa Ana (224); Los
Angeles (19); Long Beach (37);
Carlsbad (42); San Diego (116)
75-410 Gerald Ford Drive, Suite 100 MBAKERINTL.COM Palm Desert, CA 92211

PROVEN RESOURCE
Michael Baker has been
working in the Coachella Valley
for more than 60 years. We
understand the importance of
responsiveness, technical
competence, communica�on,
and scope each task order to
meet the City's needs.

MULTI-DISCIPLINARY SERVICES
Michael Baker has over 90 offices and 3,000
employees worldwide and offers a full
con�nuum of innova�ve solu�ons in
engineering, planning, survey, architectural,
environmental, construc�on, program
management and life cycle support, as well as
informa�on technology and communica�ons
services. The company provides
comprehensive services in support of federal,
state, and municipal governments.

EXTENSIVE PUBLIC WORKS

EXPERIENCE
Working in Southern California for
over 80 years suppor�ng our
communi�es, Michael Baker is a
leader in engineering, consul�ng,
planning, technical, and
professional services with a local
focus and global exper�se.

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City of Indio
Page Two

SUMMARY OF QUALIFICATIONS
The Michael Baker Team brings elevated value to the City and efficiency to each task by emphasizing the consultant-client partnership and employing a complete-picture perspec�ve. By serving as seamless extension of staff to the City, we encourage con�nuous communica�on, enhance coordina�on and serve as stewards of the City’s interests and objec�ves.

By convening the experience of our in-house engineers, environmental specialists, surveyors and construc�on management professionals, we can develop innova�ve solu�ons that consider the en�re arc of a project, mi�gate risk, save money and expedite delivery. In addi�on, we offer the City the following benefits:
• Current & Past Experience with the City | Michael Baker has provided services for numerous projects in the City of Indio, ensuring our understanding of local needs and City policies, procedures, and design standards. • Excep�onally Qualified Leader | Contract Manager/Main Point of Contact, Steven La�no, brings over 20 years of experience spanning all aspects of engineering for a wide variety of public works projects. As Manager of this contract, Steven has served as the City Engineer for mul�ple agencies, during which he has gained invaluable experience working with City officials and managing public expecta�ons. Steven brings unique experience and understands the approval process from a local agency's point of view, an experience that few consultants have. • Rapid Response Times | With a robust capacity of more than 500 California professionals (na�onally 3,000+), Michael Baker has the resources and capacity to provide the City with con�nuous undisrupted service while performing mul�ple complex projects simultaneously. Our staff knows how to meet demanding project schedules by pooling our resources from qualified staff throughout the region, to provide our clients responsive, insigh�ul service and on-�me performance.
• Experience Providing Services for Mul�ple On-Call Contracts across Southern California | With 84 years in the planning and design services business, Michael Baker has held hundreds of on-call contracts with local agencies throughout Southern California. Our team understands that on-call assignments can vary in size and scope and o�en have �me-cri�cal schedules. Our in-house team can provide the services needed quickly to provide efficient, highquality services. • Mul�-Discipline Capabili�es & Depth of In-House Resources | Michael Baker team members provide a diverse range of experience in each of the disciplines required for this contract. Michael Baker can u�lize the staff resources and skill sets of other offices within the firm as needed to support tasks or projects that may have compressed �melines.

With this deep bench of resources, Michael Baker can provide the City with flexibility, quick response �mes, and the proven ability to modify any course of ac�on to accommodate changing project needs. • Fully Commited Team | Michael Baker is commited to providing the City the full-service resources available through a large firm combined with the high quality and personal aten�on expected of a regionally focused company. Our local knowledge, par�cipa�on in community associa�ons, and history providing professional services throughout Southern California gives us a dis�nct edge to serving the City in an effec�ve manner. • A Reputa�on for Being Good Neighbors | Because we specialize in public works projects, we constantly interface with community groups, residents, and business and property owners throughout Southern California. We will work with the City to efficiently address stakeholder concerns; to publicize the projects impac�ng their neighborhoods, and that their opinions are considered.
• Capability and Commitment to Deliver | The Michael Baker Team has the capacity required to staff and successfully deliver projects under this contract. Throughout the past four years, Michael Baker has made significant investments in technology that have allowed our team to seamlessly work without barriers due to loca�on.

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Page Three
Excep�ons
Sec�on 9. Standard of Performance. Consultant represents and warrants that it has the qualifica�ons, experience and facili�es necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all �mes faithfully, competently and to the best of its ability, experience and talent, perform all Services. In mee�ng its obliga�ons under this Agreement, Consultant shall...

Explana�on: Michael Baker will meet the common-law standard of care, but cannot agree any performance will be the “best” or will otherwise exceed the common-law standards.

Sec�on 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 interest of City or Consultant’s obliga�ons under this agreement, 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 writen consent of the City Manager. Consultant agrees to at all �mes avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City Consultant’s obliga�ons hereunder in the performance of this Agreement.

Explana�on: Michael Baker can agree that there will be no conflict with the services but cannot agree not to conflict with the City’s interests as a whole.

Sec�on 15. Confiden�al Informa�on; Release of Informa�on. (c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any informa�on or work product in viola�on of this Agreement, then City shall have the right to reimbursement and indemnify from Consultant for any damages, costs and fees, including atorney’s fees, caused by or incurred as a result of Consultant’s conduct any remedies available to City under applicable law.

Explana�on: Any claims would need to be setled via dispute resolu�on procedures prior to MBI accep�ng liability or being required to pay any damages for such claims.

Sec�on 16. Indemnifica�on. INDEMNIFICATION BY CONSULTANT. To the fullest extent permited by law, Consultant shall indemnify, protect , defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, and representa�ves and agents (“Indemnified Par�es”) from and against any and all third party claims, ac�ons and proceedings (whether at law or equity, administra�ve or judicial), demands, orders, judgments, direct losses, injuries (including, without limita�on, injury to or death of an employee of Consultant or subconsultants), liabili�es of every kind (including, without limita�on, incidental and consequen�al damages, court costs, and li�ga�on expenses, and fees of expert consultants or expert witnesses incurred in connec�on therewith and cost of inves�ga�on), direct damages, costs and expenses, including reasonable atorney’s fees and costs, (collec�vely "Claims") to the extent that such arise directly out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or any negligent act, error, or omission by Consultant in Consultant’s performance of Services by Consultant under this Agreement, its officers, agents, employees, representa�ves, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control for whom Consultant is legally liable. Consultant’s duty to indemnify the , protect, defend and hold harmless Indemnified Par�es, shall not include any Claims to the extent arising from the sole negligence or willful misconduct or other fault or wrongdoing of the Indemnified Par�es. In no event shall Consultant’s total liability for indemnity under this Sec�on exceed Consultant’s pro-rata share of all fault causing any injury or loss.

Explana�on: The difference between “protect” and “indemnify” is unclear, Please provide explana�on or remove.

Duty to defend is uninsurable.

Hold harmless carries connota�ons that may not be insurable. “agents” is a broad term that should be beter defined or removed.

Indemnifica�on is intended for third party claims only; any disputes between City and Michael Baker would be setled via standard dispute resolu�on procedures.

Michael Baker can only agree to be liable to the extent of its direct negligence.

CA law limits professional services providers' indemnifica�on to negligence only.

Michael Baker cannot be liable for any of City's ac�ons that lead to a clam, whether such are whole, par�al, or contributory.

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Page Four
Sec�on 17. Insurance. ...These requirements are subject to amendment or waiver if so approved in wri�ng by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

Explana�on: Michael Baker does not provide insurance policiesto outside firms due to security and confiden�ality concerns.

We will provide the widely accepted Standard Acord insurance cer�ficate with proper endorsements provided by our carriers.

Sec�on 21. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obliga�on or duty to con�nue compensa�ng Consultant for any work performed a�er the date of default. Instead, the City may shall give no�ce to Consultant of the default and the reasons for the default. The no�ce shall include the �meframe in which Consultant may cure the default. This �meframe is presump�vely thirty (30) days, but may be extended or reduced, if circumstances warrant. During the period of �me that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. Pay all undisputed amounts owed to Consultant. In the alterna�ve, the City may, in its sole discre�on, 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 Sec�on 20 “Termina�on of Agreement.” Any failure on the part of the City to give no�ce 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.

Explana�on: City would be obligated to pay all undisputed amounts regardless of default. There should be a guaranteed minimum cure period.

Sec�on 35. Time of Essence. Time is of the essence for each and every provision of this Agreement.

Explana�on: Time is of the essence may conflict with the Standard of Performance.

We look forward to con�nuing our dedica�on and support of the City, and we are fully commited to assis�ng the City with its con�nued success as, “the City of Festivals."
Respec�ully submited,

MICHAEL BAKER INTERNATIONAL
Christopher Alberts, PLS Steven La�no, PE, TE
Vice President/Project Director Project Manager/Associate Vice President

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TABLE OF CONTENTS

1. Cover Leter ....................................................................................................................................................................... 1

2. Statement of Qualifica�ons............................................................................................................................................... 6 Firm Background......................................................................................................................................................... 6 Project Team Introduc�on .......................................................................................................................................... 6 Organiza�on Chart......................................................................................................................................................7 Team Qualifica�ons Matrix .........................................................................................................................................7 Conflict of Interest Statement ..................................................................................................................................10 References................................................................................................................................................................. 10 An�cipated Subconsultants......................................................................................................................................15

3. Scope of Work ................................................................................................................................................................. 16 Quality, Schedule, and Cost Control Procedures and Policies..................................................................................17 Schedule Management.............................................................................................................................................17 Cost Control ..............................................................................................................................................................17 Workload, Facili�es and Resources ..........................................................................................................................17 Knowledge of Technical and Func�onal Needs........................................................................................................17 Commitment to Provide Needed Resources............................................................................................................18 Commitment to Quality Control...............................................................................................................................18 Understanding and Approach...................................................................................................................................18 Approach to Task Order Execu�on ...........................................................................................................................19 Implementa�on Plan Considera�ons.......................................................................................................................20 Appendix
Key Project Team Resumes..............................................................................................................................................22 B. Cost Proposal.................................................................................................................. Submitted under separate cover.

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2. STATEMENT OF QUALIFICATIONS
Firm Background
Michael Baker Interna�onal, Inc. (Michael Baker) was founded in 1940 as a civil engineering and surveying. Today, Michael Baker is recognized as a leading global provider of engineering and consul�ng services, which include traffic & ITS, planning, architectural, environmental, construc�on, program
management, and full life-cycle support services. Our firm provides its comprehensive range of services and solu�ons in support of a wide range of clients. Leveraging our collec�ve exper�se and experience we strive to make them safer, more accessible, more environmentally sustainable and more livable.

We are change agents, leading our partners around the world into the future. Our greatest differen�ator, though, is our employees who demonstrate a world-class ability to solve complex problems. We reward innova�on and collabora�on that leads to the best solu�ons for our clients.

Michael Baker has a strong California presence with over 575 employees in 12 office loca�ons throughout the state.

Project Team Introduc�on
Michael Baker will manage this contract from our Palm Desert office with support coming from the region. Mr. Steven La�no, PE, TE, will act as the City’s Contract Manager and will be the primary point of contact for day-to-day work with the City; however, as shown in the organiza�on chart Mr. La�no will have addi�onal staff assigned to the City of Indio to serve on task order assignments and provide addi�onal resources.

Many of the key team members assigned to this On-Call have experience working with or in the City of Indio adding value through their knowledge of and familiarity with the City’s policies. Our team offers the exper�se and resources to support contract task orders using our in-house staff.

Knowledge, experience, and responsiveness are key elements of a strong team needed to meet and exceed the City’s goals and expecta�ons. Mr. La�no has served in the role as lead for on-call contracts with municipali�es, both from the private side as well as the public side for 20 years. His ability to leverage his public and private experience is a benefit to the City, as he is able to draw upon experience from both sides of the table.

Steven La�no, PE, TE
Associate Vice President
Registered Civil Engineer C 73430
Registered Traffic Engineer TR 2902
 Twenty years of municipal experience, both
private and public
 Diverse Public Works background
 True “extension of staff” approach
During his tenure as a municipal employee, he served the Ci�es of Hemet and Ontario in Capital Projects, Traffic/Transporta�on, and Land Development. One unique project that Mr. La�no worked on was the Fiber Op�c Master Plan and Broadband Design for the City of Ontario. This plan has become a reality and allows the City of Ontario to provide high speed internet services to its residents and businesses today. During his career, Mr. La�no has taken many projects from incep�on and budge�ng all the way to construc�on and closeout, which offers a unique perspec�ve to municipal clients.

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Organiza�on Chart
Team Qualifica�ons Matrix
Staff / Role Yrs of
Exp
Educa�on

MANAGEMENT TEAM
Steven La�no
Project Manager
Civil Engineering Lead
20 MBA, 2018, University of Redlands
B.S., 2003, Civil Engineering, Purdue University
Licenses/Cer�fica�ons
Professional Engineer – Civil, CA, 2008, C73430
Professional Engineer – Traffic, CA, 2019, TR2902

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Staff / Role Yrs of
Exp
Educa�on
Christopher Alberts
Project Director
28 Coursework, San Jacinto College
Licenses/Cer�fica�ons
Professional Land Surveyor, CA, 2008, LS8508
Randy Ratzlaff
QA/QC Manager
31 M.S., 1998, Structural Engineering, California State University, Fullerton B.S., 1993, Civil Engineering, California State University, Fullerton Licenses/Certifications
Professional Engineer – Civil, CA, 1997, 56867
Andy Lewis
QA/QC Manager
21 B.S., 2003, Civil Engineering, Marquette University
Licenses/Certifications
Professional Engineer – Civil, CA, 2013, 91680
Professional Engineer – Traffic, CA, 2022, 3006
PROJECT TEAM (Alphabetically)
Francisco Alcocer
Quantities/Cost Estimates
12 B.S., 2012, Civil Engineering, CalPoly, Pomona
Steven Alvarez
Roadway/Civil
7 B.S., 2020, Civil Engineering, CalPoly Pomona
Licenses/Certifications
Professional Engineer – Civil, CA, 2023, 95233
Ben Costello
Roadway/Civil

4 B.S., 2021, Civil Engineering, CalPoly Pomona
Licenses/Certifications
Engineer-In-Training, CA, 2020, 172441
Part 107 sUASReport Pilot Certificate, 2019, CA, 4246241 Jose Covarrubias
Traffic Design
7 B.S., 2017, Civil Engineering, CalPoly Pomona
Elizabeth Diaz
Traffic Design
22 B.S., 2012, Civil Engineering/Traffic/Transportation, California State University, Los Angeles
Lonnie Druliner
Roadway/Civil
13 M.S., 2012, Civil Engineering, Tu�s University
B.S., 2010, Structural Engineering, University of California, San Diego Licenses/Cer�fica�ons
Professional Engineer – Civil, CA, 2016, 86346
Kyle Eubanks
Quantities/Cost Estimates,
R/W & Utility Coordination
43 LEED Accredited Professional, California, 2009
Jeremy Franzini, PLA
Landscape
28 M.L.A., 1996, Landscape Architecture, Texas A&M University B.S., 1993, Environmental Studies, University of California, Santa Barbara Licenses/Certifications
Landscape Architect, California, 2001, 4514
Kyle Gallup

NPDES/SWPPP/WQMP,
Drainage Analysis/Hydrology
19 B.S., 2005, Civil Engineer, San Diego State University Licenses/Certifications
Professional Engineer – Civil, CA, 2009, 74610
Certified Floodplain Manager, US-18-10783
Water Treatment Operator, 46140
Water Distribution Operator, 53919
Alicia Gonzalez
Public Outreach/Presentation
9 B.S., 2014, Biological Science, California State University at San Marcos

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Staff / Role Yrs of
Exp
Educa�on
Jordan Gray
Active Transportation
9 B.S., 2014, Civil Engineering, San Diego State University Licenses/Certifications
Professional Engineer – Civil, CA, 2018, 89288
Professional Engineer – Traffic, CA, 2021, 2987
Octavio Hernandez
Traffic Design
19 B.S., 2004, Civil Engineering, California State University at Long Beach Licenses/Certifications
Professional Engineer – Civil, CA, 2011, 78085
Riley Moore
Roadway/Civil

4 B.S., 2020, Civil Engineering, CalPoly Pomona
Licenses/Certifications
Engineer-In-Training, CA, 2021, 174122
Kimilee Murillo
Roadway/Civil

6 B.S., 2018, Civil Engineering, CalPoly Pomona
Licenses/Cer�fica�ons
Engineer-In-Training, CA, 2018, 164995
Rosalia Ordonez
Structures
4 B.S., 2020, Structural Engineering, University of California, San Diego Licenses/Certifications
Professional Engineer – Civil, 2023, CA, 95405
OSHA 30-Hour Construction Outreach Training, 2022, CA 31-904000031 Danielle Pel�er

NPDES/SWPPP/WQMP,
Drainage analysis/Hydrology,
R/W & Utility Coordination
5 B.S., 2020, Environmental Engineering, University of California, Riverside Licenses/Cer�fica�ons
Engineer-In-Training, CA, 2020
Marlena Perez
Ac�ve Transporta�on

7 B.S., 2017, Civil Engineering, CalPoly San Luis Obispo Licenses/Cer�fica�ons
Professional Engineer – Civil, CA, 2023, 94934
Oscar Rodas
Air Quality / Dust Control
39 B.A., 1977, Architectural and Engineering Design, Cebu Institute of Technology Certificate, 1988, Highway Engineering, University of California, Berkeley Licenses/Certifications
Certified Floodplain Manager, 2010, CA 26511
Registered Architect, Philippines, 1978, 5507
Certified Inspector of Sediment & Erosion, CA, 2012
Antonio Salas
Traffic Design
11 B.S., 2010, Civil Engineering, CalPoly Pomona
Licenses/Certifications
Engineer In Training, 2015, CA, 155958
Professional Engineer – Civil, NV, 2019, 027211
Hector Salcedo
Roadway/Civil

8 B.S., 2014, Civil Engineering, CalPoly Pomona
Licenses/Cer�fica�ons
Professional Engineer – Civil, CA, 2019, 90382
Ciprian Stelea
Structures
21 M.S., 2006, Civil Engineering/Structures, University of California, Irvine B.S., 2004, Civil Engineering, Central Connecticut State University Licenses/Certifications
Professional Engineer - Civil, California, 2008, 73379
Alexander Svecz

NPDES/SWPPP/WQMP,
Drainage Analysis/Hydrology
7 B.S., 2017, Civil Engineering, Rowan University
Licenses/Certifications
Professional Engineer – Civil, CO, 2021, 60377
Alejandro Tapia
Active Transportation
6 B.S., 2019, Civil Engineering, CalPoly Pomona
Licenses/Certifications
Professional Engineer – Civil, CA, 2023, 94642

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Staff / Role Yrs of
Exp
Educa�on
Joshua Van Duyn, PLA
Landscape
13 B.S., 2011, Landscape Architecture, CalPoly, Pomona
Licenses/Certifications
Landscape Architect, California, 2022, 6847
Ryan Zellers
Active Transportation
26 B.S., 1998, Civil Engineering, Purdue University
Licenses/Certifications
Professional Engineer – Civil, CA, 2006, 69470
Professional Engineer – Traffic, CA, 2007, 2418
Jacob Zepeda
Air Quality / Dust Control
7 B.S., 2018, Civil Engineering, CalPoly Pomona
Licenses/Certifications
Engineer-In-Training, CA, 2019
Conflict of Interest Statement
Michael Baker has no poten�al conflicts of interest with the City of Indio.

References
Engineering and Surveying On-Call | Palm Desert, California Client Name
City of Palm Desert
Contact
Ryan Gayler
Phone
760-346-0611 Ext. 393
E-Mail
[email protected]
Michael Baker provided on-call City Engineer services over both the Public Works/CIP Divisions and Land Development Division of the Engineering Department. Work included the review of Engineering Plans for developments within the City, as well as oversight and administra�on of the City’s current Capital Improvement Projects such as the CVAG’s CV Link Project. Steven La�no, PE, TE, regularly interacted and represented the city with the Public at large and atended mee�ngs with the city’s various commitees and City Council.

Michael Baker has been the Ac�ng City Surveyor since 2015. The work includes QC for internal documents, reviewing documents for compliance with the laws and codes that govern surveying prac�ces, and sugges�ng correc�ons to submi�ng professionals on subdivision maps, legal descrip�ons, parcel map waivers, and other documents. This also includes suppor�ng survey or mapping documents submited to the City for compliance with the Subdivision Map Act, the Professional Land Surveyors Act and City Ordinances.

Michael Baker has provided On-Call En�tlement Review and Plan Checking support for new development in the city. Our team regularly met with the Engineering and Planning Departments to coordinate and review new developments and assists staff as necessary in mee�ngs with the Development Community. Our plan reviews included both on-site and offsite improvements as well as NPDES. In addi�on, our team provided the review and approval of the City’s various capital projects.

On-Call Traffic Engineering Services | Rancho Mirage, California Client Name
City of Rancho Mirage
Contact
Ryan Stendell
Phone
760-770-3224 Ext 254
Michael Baker has acted as the City of Rancho Mirage Traffic Engineer as well as provided Traffic/Transportation services since 2021. The Michael Baker team has worked with the City and provides an extension of staff to fill the gaps where necessary. Some of the assignments our team has assisted the City within include:

Frank Sinatra Low Flow Crossing Alternatives Analysis. The City employed Michael Baker to provide an alternatives analysis for a pedestrian crossing at an existing low flow

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E-Mail
[email protected]
crossing. Michael Baker created a series of alternatives as well as cost estimates and a challenges/opportunities matrix to assist the City in how to proceed. The City is currently exploring funding opportunities that would construct these improvements.

Frank Sinatra Hiking Trail. The City tasked Michael Baker with an alternatives analysis to complete a trail loop
through a highly sensitive
environmental area,
utilizing the existing road,
which is currently being
utilized by trail goers. The
team looked at a series of
“road diet” techniques as
well as potential off-road
improvements and
crossings to complete the
loop. Recommendations
were provided to the City
and their trails
commission and is currently under review.

Button Drive Parking Lot. The City acquired several lots near the Rancho Mirage Amphitheater in order to create additional parking for planned events as well as a place to house their farmers market. Michael Baker is providing conceptual layouts, as well as a preliminary design package
for the proposed parking lot.

The work includes site plans,
hydrology, grading and
drainage, utilities and
landscaping for the proposed
improvements.

Traffic Controls Analysis/
Design. The City has utilized
Michael Baker to perform
analysis at various locations
throughout the City to
determine the correct Traffic Control Devices. This includes traffic signal warrant analysis, all way stop control analysis and numerous reviews as it relates to neighborhood speeding. The City has requested Michael Baker to provide the necessary plans to install all way stops, crosswalks and intersection modifications based upon the findings.

Various Professional Engineering Services | Indian Wells, California Client Name
City of Indian Wells
Contact
Ken Semualo
Phone
760-776-0237
Highway 111 Rubber Pavement Rehab: Michael Baker prepared plans, specifica�ons and es�mates (PS&E) for the Highway 111 Rubberized Pavement Rehabilita�on Project in the City of Indian Wells. The project consists of pavement analysis and recommenda�ons, design of pavement rehabilita�on along all of Highway 111 in the City of Indian Wells (approximately 3.5 miles), localized pavement repairs, upgrade of exis�ng ADA ramps and improvements to exis�ng surface drainage features.

Rendering of the Button Drive Parking Lot

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E-Mail
[email protected]
The original project was designed as a single phase; however, due to rising costs in recent years, Michael Baker worked with the City to break the project into two separate phases with independent bid packages. The first phase of the project was completed in early 2023 and the second phase is an�cipated to be completed by the end of 2023. As a part of the project, Michael Baker was asked to look at localized drainage improvements and provide solu�ons to mi�gate them. In addi�on, several striping changes were incorporated into the project to address queuing issues related to the annual tennis tournament that occurs at the Indian Wells Tennis Gardens.

Michael Baker’s team provided support during the bid and construc�on phases including RFI’s as well as atending mee�ngs in the field to address any ques�ons or concerns that the City or Contractor has had on this project. During the later part of the design and during construc�on, CVAG implemented the CV-Sync project which included upgrading all of the traffic signals along the corridor to video detec�on. In order to make sure that there was not disrup�on to vehicle detec�on, Michael Baker provided two versions of the plans (one showing induc�ve loop replacements, and the other showing video detec�on).

Club Drive Complete Streets: Michael Baker is contracted to prepare plans, specifica�ons and es�mate (PS&E) for the Club Drive Complete Streets Project. The project consists of introducing new sidewalks, Americans with Disabili�es Act (ADA)-compliant curb ramps and upgrading the bicycle facili�es on Club Drive to connect pedestrians and bicyclists to a nearby shopping center. A new walkway within the private shopping center will also be designed to ensure a final smooth connec�on is provided. Michael Baker prepared a landscape concept plan with upgraded drought tolerant landscaping and accent ligh�ng to accent the exis�ng Palm Trees and serve as a gateway feature to the Indian Wells Country Club. Michael Baker prepared concept alterna�ves for the project and presented them to stakeholders at a public outreach mee�ng. Michael Baker then assisted the city in selec�ng a preferred alterna�ve based on nearby business owners and the community feedback received.

One design challenge is providing a new sidewalk directly adjacent to the guard booth entrance of the Indian Wells County Club. The entrance has a canopy with a �ght ver�cal clearance so larger vehicles cannot access through this lane. Michael Baker was tasked with developing crea�ve solu�ons that s�ll provide access for larger vehicles but also provide a sidewalk for pedestrians all within city right-of-way without requiring extensive reconstruc�on to the guard booth. Michael Baker was also tasked with coordina�ng these changes with the city's Fire Access Maintenance District which operates as a separate department within the city.

Another component to this project is developing a pavement rehabilita�on strategy because the pavement condi�on on Club Drive is heavily deteriorated with excessive cracking. Michael Baker worked with the geotechnical subconsultant to undertake borings and prepare different pavement rehabilita�on strategies ranging from grind and overlay to full depth replacements. Michael Baker is preparing a PS&E package for Club Drive and will be assis�ng the city with construc�on support.

Indian Wells Warner Trail: Michael Baker was contracted to provide professional engineering services related to the Warner Trail Improvement Project in the city of Indian Wells. The primary purpose of this project was to provide exploratory borings and analysis of a storm drain that led to several roadway failures over the last few years. In addi�on to storm drain repairs, Michael Baker was tasked with upgrading curb ramps, providing pavement rehabilita�on recommenda�ons and design, providing traffic signal

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modifica�ons to accommodate a new right turn lane at the intersec�on of Fred Waring Drive and Warner Trail, and providing updates to the school driveways to beter facilitate traffic during release �mes.

Michael Baker's team worked with the city and staff at Gerald R. Ford Elementary to coordinate improvements and acquire the necessary right-of-way, easements, and permission to enter and construct and complete the improvements. In order to meet the necessary �me frame for construc�on, Michael Baker worked with the city to purchase long-lead items like the traffic signal pole, to avoid delays in construc�on. Addi�onally, the team worked with Coachella Valley Water District to coordinate their non-potable water line project through the site prior to construc�on of the final pavement work.

Construc�on was planned to start in the summer to avoid school traffic.

Indian Wells Golf Resort Bridge: Michael Baker is contracted with the City of Indian Wells through an exis�ng on-call to perform a review of a previously completed feasibility analysis, on-site inspec�ons and recommenda�ons for interim improvements of the exis�ng bridge. The Michael Baker team has reviewed the site and is currently working on the PS&E package to deliver interim improvements. Upon comple�on of these improvements, Michael Baker will work with the City to determine if further retrofit or reconstruc�on of the bridge will ul�mately be necessary.

On-Call Professional Civil Engineering Services | Rialto, California Client Name
City of Rialto
Contact
Art Cervantes
Phone
909-820-2531
E-Mail
[email protected]
Michael Baker has been providing services to the City of Rialto through their 2022 On-Call Civil Engineering contract. Task orders under contract include:
502 Bloomington. This project included the extension of exis�ng curb and guter, pavement widening, sidewalk design and construc�on and acquisi�on of right-of-way to complete a small infill along a major thoroughfare in the City of Rialto.

Baseline Lilac to Willow Median & Fence. This project included the extension of medians along a major corridor directly adjacent to Eisenhower High School. In addi�on to the extension of the median, a tube steel fence was designed to limit students from J-Walking and urge them to use a controlled crossing at the two adjacent intersec�ons.

Pavement Reconstruc�on for Bloomington Ave at Randall Ave and Lilac Ave. Michael Baker is working with the City to provide appropriate pavement improvements for this six-point intersec�on. The team has recommended a deep li� asphalt sec�on in order to minimize construc�on impacts and phasing.

Pavement Reconstruc�on on Resource Drive from Riverside Ave to terminus. The City of Rialto wishes to complete a full reconstruct on this industrial street that provides access to a major Fed Ex hub. The Michael Baker team has provided a deep li� reconstruc�on recommenda�on and provided roadway reprofiling in order to address drainage concerns.

South Maple Avenue Improvement Project. Michael Baker is working with the City to provide new asphalt pavement, sidewalk, curb & guter and driveway improvements to connect exis�ng improvement for approximately 450’ through a residen�al sec�on of South Maple Avenue. The work will improve accessibility and drainage along this stretch of South Maple Avenue.

Projects Pending Award:
- Frisbie Middle School SRTS

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Jackson Street Complete Streets | Indio, California
Client Name
City of Indio
Contact
Joshua Nickerson
Phone
760-323-5344
E-Mail
[email protected]
The City of Indio successfully received
roughly $5 million dollars through the
Clean California Grant program to
beau�fy Jackson Street from Kenner
Avenue to Avenue 45 (approximately

0.75 miles). The intent of the project is
to visually transform Jackson Street to
encourage pedestrians and bicyclists to
use the corridor. Michael Baker is
contracted with the City of Indio through an exis�ng on-call agreement to provide PS&E for the proposed improvements. The work includes upgrading sidewalk, ADA ramps and driveways, installa�on of an ar�s�c shade structure, Big Belly trash cans and upgrading landscaping and irriga�on throughout the project.

As part of the project, the City is installing a decora�ve shade structure that was designed by an ar�st. The Michael Baker team was responsible to coordinate the design of the structure with the ar�st. The Michael Baker structural team assisted the ar�st with the design of the steel used for the work, as well as founda�on design for the proposed structures. The ar�st has created a dedicated website for “Shadowalk” and can be seen here: htps://civic.space/shadowalk/
Michael Baker’s team performed a
site visit with the City and Ar�sts to
determine the best loca�ons to
install the structure as well as
iden�fied deficiencies in sidewalk
and ADA improvements along the
corridor. As part of the curb ramp
revisions, several crosswalks and
intersec�ons required upgrading
and modifica�ons to bring them
into compliance with ADA.

Addi�onally, the City worked with
the Michael Baker team to perform the necessary public outreach as required through the grant funding opportuni�es.

The PS&E has been completed, and the City closed bids in December of 2023. The City is in the process of awarding the construc�on contract. Addi�onally, the City has requested a the Michael Baker team to stay on and provide construc�on management and inspec�on for the project. Specifically, the City is interested in the structural inspec�on and special materials/welding inspec�on for the proposed structure.

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Highway Safety Improvement Program (HSIP) Cycle 7 – Traffic Safety and Signal Modifica�ons Project | Palm Springs, California
Client Name
City of Palm Springs
Contact
Joel Montalvo
Phone
760-322-8339
E-Mail
joel.montalvo@
palmspringsca.gov
Michael Baker provided project management and environmental / design services for the modifica�on and moderniza�on of 19-signalized intersec�ons within the City of Palm Springs. The project was funded through the District 8 Highway Safety Improvement Program (HSIP) Cycle 7 program with the purpose of improving traffic safety within the intersec�ons by reducing collisions. Traffic signal
improvements included installing advance dilemmazone detec�on systems and conver�ng exis�ng “fivehead” permissive signals to protected le�-turn phasing.

Michael Baker delivered the final project plans,
specifica�ons and engineers es�mate. Michael Baker
supported the City of Palm Springs in preparing the
Request for Authoriza�on (RFA) for Construc�on and
the City of Palm Springs was granted E-76 for
Construc�on within the scheduled funding deadline.

Michael Baker is currently providing construc�on
support services.

Replacement of exis�ng protected/permissive le�-turn opera�ons with protected movements was evaluated in terms of both traffic opera�ons level of service as well as compliance with the California Manual on Uniform Traffic Control Devices (CA MUTCD) le�-turn indica�ons and mast arm design. Design efforts included roadway plans, striping plans for crosswalk modifica�ons, traffic signal plans, and quan�ty and cost es�mates.

The design team coordinated with the City, Caltrans’ u�lity coordina�on staff, and u�lity owners to avoid any conflicts. Addi�onally, the design team analyzed and designed the pedestrian facili�es at each of the intersec�ons to comply with Caltrans’ LAPM guidelines and City Standards.

An�cipated Subconsultants
When the project dictates the use of a specialized service not provided by Michael Baker’s in-house team, we u�lize the services of subconsultants that provide:
• Potholing / U�lity Loca�ng
• U�lity Reloca�on
• Right of Way Appraisal
• Geotechnical Services
If a released task order requires the use of a subconsultant, their Firm informa�on will be provided with the Task Order Bid.

Indian Canyon Dr & Racquet Club Rd -
Removing Protected/Permissive Left
and Replacing with Protected Left

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3. SCOPE OF WORK
Michael Baker will provide the City with fully qualified and experienced professional civil engineering staff that will act in the best interest of the City. Our team is large and diverse enough to respond to any task order or cri�cal issue, but also flexible enough to quickly adjust to changing priori�es or needs. It can address any issue that might arise during the course of the contract term, allowing the City to have all of its resources available within our single, integrated team.

The Michael Baker team assigned to this project understands and can provide all of the Scope of Work outlined in the RFP.

Our services include, but are not limited to, the following:
• Prepare roadway and highway engineering plans and specifica�ons. • Prepare traffic signal and related engineering plans and specifica�ons. • Perform drainage analysis and prepare hydrology reports. • Review drainage studies and Water Quality Management Plans. • Perform quan�ty take offs and prepare engineer es�mates. • Prepare landscaping plans and specifica�ons.
• Prepare structural plans and specifica�ons.
• Prepare Na�onal Pollutant Discharge Elimina�on System (NPDES) erosion control plans, Storm Water Pollu�on Preven�on Plan (SWPPP), Water Quality Management Plan (WQMP), and PM10 (dust control) Plans. • Right-of-Way requirement maps.
• Perform u�lity coordina�on ac�vi�es.
• Agreement prepara�on.
• Perform Public outreach
• Atend mee�ngs (usually held in evenings) and make presenta�ons to the City Council and Planning Commission as needed.
• Provide other roadway and highway engineering and transporta�on planning related professional services as required, including ensuring American with Disabili�es Act (ADA) compliance.

Our understanding and approach to responding to task order assignments includes:

Understanding the City’s Goals for Each Assigned Task
To be successful on any project, it is vital that the consultant understand the final product. We will meet with City staff to receive submital package(s) in person or electronically and learn what the cri�cal issues are for each task. We will understand the budget, schedule, and scope of work before planning the project so that we can begin to formulate a detailed scope of work and iden�fy cri�cal path issues.

Schedule, Scope, and Fee Development
Upon request of the City, our Project Manager, Mr. La�no, will meet with City staff to determine the scope of services. Michael Baker will then prepare a detailed scope of work, fee es�mate, and schedule in compliance with City requirements. The scope, fee, and schedule will be submited to City staff for approval and no�ce-toproceed.

Progress
Updates According to the complexity of the assigned task, Mr. La�no will provide rou�ne project updates at major milestones.

Project Budgets
In most cases, services will be provided lump sum or fee-not-to-exceed. Approved project costs will not exceed the contract amount without prior writen approval.

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Coordina�on
We will be readily available to City staff, will coordinate review and regulatory agency approvals, and will schedule and administer project mee�ngs. We will keep the City apprised of work progress, schedule, and an�cipated review dates by means of phone calls, emails, or progress reports.

Deliverables
A key component independent of the QC process is to ensure the overall outcome is consistent with the City’s desired objec�ves. A thorough quality review of all project elements will take place to ensure these objec�ves are met.

Quality, Schedule, and Cost Control Procedures and Policies As part of our commitment to Quality Service, Michael Baker has an established QA/QC program that is implemented and appropriately scaled for each specific project, and each task order. It is structured to mi�gate issues with litle to no escala�on. This is ensured by building in quality at every step of the process, promo�ng preven�on rather than detec�on. Senior staff will conduct a formal independent project review at milestone stages. We will analyze all project documents clarity, schedule and cost control, errors and/or omissions and compliance with City requirements. Michael Baker understands that project quality is our responsibility.

Schedule Management
We understand the importance of mee�ng the deliverable deadlines, and our reputable team is dedicated to mee�ng each task order milestone for all assignments. Michael Baker has ample resources and uses state-of-the-art resource management so�ware to maintain schedule compliance. Corporate policy requires frequent upda�ng of staffing and workload projec�ons so tracking systems reflect the latest available informa�on. This allows our project teams to be supplemented from in-house resources to meet surges in workload or unexpected deadlines.

A dra� schedule will be provided at the kick-off mee�ng that illustrates the overall work breakdown structure and scope of work. The schedule will be a dynamic document, updated throughout the life of the project, and shared with the City as updates are made. It will also establish project milestones and cri�cal path elements as part of the overall context of the project.

Cost Control
Weighing any proposed improvements against the project’s purpose and needs while considering cost and longevity is cri�cal. Michael Baker looks for ways to provide addi�onal value and/or improvement opportuni�es without increasing the project costs with crea�ve but cost effec�ve and prac�cal solu�ons. Addi�onally, our Oracle-based ERP manages and control costs throughout the corpora�on.

This system enables us to compare actual project costs with nego�ated budgets as well as forecasted costs on a weekly basis. Our internal accoun�ng cost controls protect Michael Baker and our clients because it requires proper jus�fica�on and documenta�on prior to any project cost increase.

Workload, Facili�es and Resources
Michael Baker maintains a workload backlog sufficient to accommodate the City's On-Call needs. All professionals assigned to specific tasks will remain commited to its successful comple�on. If, due to illness or vaca�ons, a key professional is necessary to be replaced, the City will be no�fied in advance.

Knowledge of Technical and Func�onal Needs
Team members are selected for each task based on their specific specialty. With the broad depth of bench available to each discipline, the most qualified team members will be assigned with the necessary technical background to help ensure a completed project.

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Commitment to Provide Needed Resources
Michael Baker is fully commited to assist the City in mee�ng its CIP project needs and is willing to supply the resources necessary to meet the demands of each task. Furthermore, Michael Baker understands the importance of keeping key members throughout the as needed contract and each individual task order. Michael Baker is commited to maintaining key members including the Contract Manager, Project Principal, Quality Assurance/Quality Control (QA/QC) Manager, and Task Managers. These key individuals will not be replaced or changed without writen approval from the City.

Commitment to Quality Control
Throughout each assignment, task managers will work directly with Steven to implement our in-house Quality Assurance/Quality Control Program. This process emphasizes quality control as a con�nuous process used at milestones and on a daily basis as work proceeds throughout each assignment. By assigning control of the QA/QC process to a collabora�ve effort between Contract and Task Order Manager, we do our best to ensure each element of each task order is held to a consistent and singularly quality standard.

QA/QC is the cornerstone of our project management approach and is implemented through our in-house program based on the American Society of Civil Engineers Manual of Professional Prac�ce “Quality in the Constructed Project”, and “The Michael Baker Way” QC program, as developed and instructed internally at our Michael Baker University. Our quality assurance begins with developing a close and con�nuous line of communica�on between our team and the City. Under our protocol we keep an organized directory of all project related communica�on, documents, images, data, and plan sets, which allows us to respond quickly to requests.

Projects will be evaluated by our internal peer review team – an approach to innova�on and internal educa�on that is implemented on every project, with no charge to the contract. Our peer review panel consists of in-house professionals apart from the design team: engineers that perform plan checking for public agencies, construc�on management for constructability reviews, hydraulic engineers, traffic engineers, and environmental specialists. This peer review will be u�lized to ensure that the design documents are clear, concise and comprehensive, and most importantly, will result in mee�ng the objec�ves of the City.

Our Task Managers specialize in their specific fields and are excep�onal at performing detailed constructability reviews. They understand the design and construc�on elements and con�nually track the local costs of materials and labor to provide accurate construc�on cost es�mates that the City can confidently use for budge�ng and funding.

Understanding and Approach

PROPOSED STRATEGY
Michael Baker has proven experience in developing prac�cal and cost-effec�ve solu�ons in all areas of general civil project planning and engineering services. The firm has obtained mul�ple industry awards for technical excellence and ingenuity in

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the planning, design, and construc�on of roadways, highways, bridges, drainage, flood control and water resources facili�es.

Michael Baker u�lizes a mul�-discipline team approach and state-of-the-art technology to serve our clients.

Michael Baker has completed numerous public works projects throughout Southern California that required specialized exper�se in roadway, surveying, traffic, environmental planning and engineering, water resources, flood control and storm water management, water quality, structural engineering, landscaping, right-of-way engineering and construc�on management. The firm is a global leader in the engineering field and provides a wide array of professional services ranging from feasibility analysis to conceptual planning to final design and construc�on management services.

Michael Baker is commited to providing the City the full-service resources available through a large firm combined with the high quality and personal aten�on expected of a regionally focused company. Our local knowledge, par�cipa�on in community associa�ons, and history providing professional services throughout Southern California gives us a dis�nct edge to serving the City in an effec�ve manner.

Michael Baker also understands that Project demands can fluctuate resul�ng in addi�onal or reduced deployment of staff.

Michael Baker addresses this concern by having mul�ple staff members with a wide variety of experience and availability to meet the demands of a project. With our Southern California resources our staff have the exper�se and personnel to facilitate a large or small project depending on the needs of the project and the expecta�ons of our clients.

Michael Baker employs a variety of cost control and budget methodologies for our engineering, planning, environmental and surveying services. Michael Baker knows that having a clear and efficient cost control and budget methodology will be cri�cal for the City. For our services, prior to proposing a scope and fee, the Project Manager will coordinate with the City to discuss scope, expecta�ons, and available personnel. It is our goal not to just staff the project as necessary but to staff it with the most qualified and appropriate personnel available. We also understand the need to work as efficiently as possible, and we will take into account where forces are already being u�lized and create efficiencies where possible.

Mobilizing appropriate staff quickly is essen�al to the smooth commencement and progress of assigned task orders. This requires a balanced management approach that emphasizes streamlined communica�on and quality control. To assist with fluid communica�on between the City and the Team, Steven La�no will act as the Team’s primary point of contact to the City. Steven will evaluate each task order and, together with the City, iden�fy the appropriate personnel for each assignment.

Steven will then work closely with our proposed service area Leads (iden�fied on our organiza�onal Chart), who will manage individual assignments, clearly communicate assignments to their respec�ve teams, and coordinate the flow of work from desk to desk, discipline to discipline, through delivery. Project Leads will be responsible for project oversight, budget and schedule monitoring, and overall product quality. The Project Leads will provide Steven with interim reports about project status.

Approach to Task Order Execu�on
It is very important to have a Representa�ve that understands how all of the aspects of a project interact, and who will maintain constant communica�on and coordina�on with the City as well as with all of the technical leads. Michael Baker has a system in place which is comprised of the following elements to keep the project/task order within schedule and budget.

The Michael Baker team understands that the scope verifica�on process is very important to ensure that project deliverables are formally accepted. This will be achieved through the use of a well-defined scope of work for the project and by having each team lead develop and agree to the scope. Michael Baker will define the deliverables for each task in the scope.

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Implementa�on Plan Considera�ons
The implementa�on plan is unique for each task order. The scope of services presented in the RFQ is very diverse and requires aten�on to detail when execu�ng a task order as no two projects are exactly the same. Each task and project �meline is unique, and there are several considera�ons the team should take into account, which include (but are not limited) to the following:
• Funding constraints – Are there any constraints and deadlines imposed on the project that would jeopardize funding? • Public input – Is public outreach required? If so, the team will determine the appropriate level of outreach and tailor collateral specific to the type of outreach.
• Lines of communica�on – Understand who is point of contact from the City and their preferred method and frequency of communica�on.
• Guidelines and standards – Understand and confirm that the most current standards/guidelines/templates will be referenced.
• Team compila�on – Select a team that is best suited for each individual task order.

Each task order will have its own �meframe and deliverables. For example, a full Plans, Specifica�ons and Es�mates (PS&E) package (which includes 60%, 95%, and 100% submitals) would follow a very different �meline than a drainage analysis task order. Both task orders are cri�cal, but both have very different scopes and schedule. Clear communica�on is important during the task order scoping process so that a realis�c and appropriate �meline can be set. Once the �meline is established, the Project Manager and team will work diligently to maintain the project schedule throughout task order development.

Some of the team’s keys to successful �me management include the following:
• Early stakeholder coordina�on
• Comment resolu�on mee�ngs
• Comment response matrices
• City reminders for upcoming review deadlines
• QC/QA constantly
• Monthly progress repor�ng

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SAMPLE PROJECT TIMELINE / TASK ORDER PROCESS FLOW CHART

Call from Indio
Quick Response
Assemble Resources
Intake Data Gathering
Review
Scoping Mee�ng
• Include Stakeholders and
Lancaster Departments
• Ask the Right Questions
• Identify Funding and
Schedule Constraints
• Identify Permit(s), Risk(s)
and Constraint(s)
• Brainstorm Approach and
Alternatives
Submit Proposal
Responsive Scope, Fee,
Schedule, and Resource
Commitment
Work for Concurrence on
Final Agreement
Kick Off
Cri�cal Path Tasks
(i.e. U�lity Coordina�on,
Survey, Permits, etc.)
Develop a Risk Table
Base Mapping
Topo, U�li�es, and Constraints
Pre-30% Deliverable Work
Field Truth
Survey and Preliminary Design
Focus on Poten�al Conflicts
Develop Deliverables
• Apply QA/QC Protocol
• Field Visits and Coordination
As Needed
• Peer Reviews, Biddability &
Constructability Reviews,
and Risk Analysis
ARE OBJECTIVES MET?
Formal Submitals
(Milestone)
Thorough Comment/Response
form distributed to Each
Stakeholder
Submital Mee�ng
With Indio Typically 1 Week
A�er Submitals with PM &
Stakeholders to Facilitate
Input
Support for Bid and
Construc�on and
Approvals As-Needed
Performance Evalua�on
Lessons Learned with a
Goal of Complete
Sa�sfac�on

DEVELOP PRELIMINARY AND FINAL DELIVERABLES IN LINE WITH

SCHEDULE (TIMEFRAMES VARY PER PROJECT)
Iden�fy Goals and Objec�ves – Keep in Mind Throughout

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APPENDIX
Following are brief summary bios of key personnel.

Christopher Alberts, PLS
Project Director
Mr. Alberts has combined consul�ng
experience in field and office opera�ons.

As an Office Execu�ve, Mr. Alberts
oversees the office environment and
employee engagement to develop and grow the prac�ce
and office capabili�es. He is responsible for office and discipline opera�ons, maintaining client rela�onships,
quality control of plans and deliverables, staff alloca�on, scheduling, and verifica�on of client sa�sfac�on. He is ac�ve on a number of professional state and local
associa�on boards and chairman of a professional prac�ce commitee serving three southern California coun�es.

Randy Ratzlaff, PE
QA/QC Manager
Mr. Ratzlaff is experienced in civil
engineering and design for public works
projects to Caltrans standards. Mr.

Ratzlaff specializes in arterial geometric
alignments, roadway rehabilita�on, u�lity coordina�on and project specifica�on wri�ng. He was previously employed by Caltrans as a Transporta�on Engineer and has extensive knowledge of Caltrans policies and procedures.

Andy Lewis, PE, TE
QA/QC Manager
Holding a B.S. degree in Civil Engineering
with an emphasis in traffic engineering,
structural analysis, and urban planning,
Mr. Lewis has extensive experience in
civil transporta�on infrastructure. Specifically, his exper�se includes bridge rehabilita�on, municipal storm drainage projects, urban street scape and ADA compliance, u�lity easements and right-of-way, deep drilled structural
founda�on sha�s, permanent and temporary vehicular
traffic staging, land use and traffic genera�on, various pavement types including LEED pervious pavements, USGS
clean water permit and stormwater pollu�on preven�on
program inspec�ons, and commuter high speed rail
upgrade ini�a�ve projects.

Lonnie Druliner, PE
Roadway/Civil
Ms. Druliner has many years of
experience in land development and
public works project prepara�on
throughout southern California. During
her tenure at the City of Escondido, Ms. Druliner was
responsible for the budge�ng, conceptualiza�on, design
and construc�on of various trails, streets and ADA projects.

In addi�on, she possesses experience in residen�al, mul�- family, and commercial developments. Her experience has developed her skills in grading and street improvement
plans, storm water calcula�ons, hydrology analyses, u�lity designs, and SWPPP repor�ng. Since joining the Michael
Baker team, Ms. Druliner has provided service to the City of Rancho Mirage and the Agua Caliente tribe delivering
public improvement PS&E.

Marlena Perez, PE
Ac�ve Transporta�on
Ms. Perez serves as a Project Manager
specializing in Ac�ve Transporta�on
projects. Her focus is on mul�modal
designs that balance all modes of
transporta�on and use a wholis�c design approach. Ms.

Perez has experience in all project phases, from the
feasibility stage where she played a key role in public outreach, to final design stages where she provided
construc�on bid support. Her strengths include her
communica�on, strong organiza�on, and problem-solving
skills. She has experience with final design PS&E projects including mul�ple ac�ve transporta�on projects.

Octavio Hernandez, PE
Traffic Design
Mr. Hernandez has technical experience
in transporta�on and traffic engineering,
intelligent transporta�on systems and
broadband design. He has experience
using AutoCAD, MicroSta�on, Autoturn, Visual 2012
(ligh�ng analysis so�ware), SignCAD, Arcview GIS and
various Microso� Office applica�ons. Octavio is known
throughout Michael Baker for his exper�se in both
municipal and freeway design work, most notably on the I405 design build project. Octavio leads a team of engineers that provide addi�onal traffic and broadband support
services

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Kyle Gallup, PE, CFM
Hydrology & Hydraulics/Drainage
Mr. Gallup has experience in water
resources engineering with an emphasis
in planning, design and construc�on of
flood control facili�es, water
conserva�on and floodplain management. His experience
includes drainage design and planning, hydrology, area & master drainage plans, erosion protec�on, Stormwater
management, roadway drainage, floodplain studies and
mapping, hydraulic modeling analysis, and floodplain
mapping review. He is familiar with hydrologic and hydraulic modeling methodologies and computer programs including
HEC-HMS, HEC-RAS 1 and 2D, CivilD.

Ciprian Stelea, PE
Structures
Mr. Stelea is responsible for
engineering design and project
management for structural engineering
projects throughout California. His
experience includes a strong background in engineering
design, project management, and construc�on support for both private and public sector clients. He has significant project experience in the design of civil engineering
structures including bridges, dams, spillways, reservoirs, concrete box culverts, channel lining, energy dissipators, as well as all types of earth retaining structures. He has worked extensively with many regional flood control
agencies throughout California and is familiar with their specific local design requirements.

Alicia Gonzalez
Public Outreach/Presenta�on
As a Senior Associate and Planning
Department Manager at Michael Baker,
Ms. Gonzalez works primarily as a CEQA
generalist. Ms. Gonzalez has broad
experience in preparing environmental compliance
documenta�on pursuant to CEQA and NEPA requirements
for public and private sector clients. She prides herself on her ability to contribute to successful project delivery through: Time management, task priori�za�on, and
regularly scheduled check-ins with project staff and
subconsultants; Organiza�on and detailed notetaking skills including Mee�ng Agendas, Minutes and Ac�on Items, as
well as Administra�ve Record compila�on and file upkeep; Upholding Michael Baker's robust QA/QC Policy; and
Carefully monitoring project budget.

Jeremy Franzini
Landscape
Mr. Franzini is a landscape architect with
extensive experience managing and
designing landscape architectural
projects throughout southern California.

His exper�se includes landscape design, urban design, site planning, community facilita�on, conceptual and schema�c design, Master Plans, construc�on documents,
specifica�ons, cost es�mates, and project management for public and private projects. His ability to crea�vely balance ar�s�c and scien�fic principles results in projects that are beau�ful, safe, and enjoyable. Many of his projects
incorporate sustainable and green design principles that create las�ng benefits for both the Client and the
environment.

Francisco Alcocer
Air Quality/Cost Control
Mr. Zepeda is a civil associate with
extensive experience in land
development and provides support
services to our Public Works and
Transporta�on teams. He is a commited to providing
quality work to both public and private sector clients. Mr.

Zepeda has assisted in planning and design of commercial, industrial, and residen�al projects. He u�lizes programs to design and prepare lot studies, drainage, grading, sewer, water and erosion control plans. In addi�on, Mr. Zepeda has received training through AQMD in PM10 requirements
and regularly prepares and reviews PM10 plans for our
various projects and clients.

Kyle Eubanks
R/W & U�lity Coordina�on, Quan��es /
Cost Es�mates
Mr. Eubanks is experienced in civil
engineering in both the public and
private sectors. He has prepared designs
and specifica�ons of private and municipal engineering
projects. His areas of exper�se include sanitary sewer, water distribu�on and street design, including
reconstruc�on and rehabilita�on, storm drains, rough and precise grading design, and stormwater pollu�on
preven�on plans. Through the various work that Mr.

Eubanks performs, he is relied on to iden�fy u�lity and right of way impacts and coordinate them with the appropriate agencies.

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Francisco Alcocer
Quan��es/Cost Es�mates
Mr. Alcocer has prepared plans and cost
es�mates for projects in the Coachella
Valley for over 11 years. As an
experienced Project Manager, his
responsibili�es include the prepara�on of final tract maps, map closure calcula�on reports, plats and legal descrip�ons for water/wastewater distribu�on projects, land
development projects, and civil infrastructure
improvements.

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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CITY OF INDIO ON-CALL PROFESSIONAL CIVIL ENGINEERING SERVICES Page | 1
B. COST PROPOSAL
Title 1/2024 – 1/2025
Senior Principal $350
Principal $325
Senior Project Manager $300
Project Manager $275
Task Leader $225 - $300
Senior Structural Engineer $275 - $305
Structural Engineer $225 - $275
Senior Planner $165 - $245
Electrical Engineer / Environmental Technical Lead $165 - $200 Project Engineer / Landscape Architect / Senior Environmental Specialist $150 - $200 Senior GIS Analyst $167
Project Planner / Environmental Specialist $135 - $175
Design Engineer / Senior Designer / Survey Analyst $135 - $175 GIS Analyst $161
Senior Environmental Analyst $150
Designer/Planner $125 - $150
Project Coordinator $125 - $150
Graphic Artist $117
Environmental Analyst / Staff Planner / Design Technician $120 - $145 Assistant Engineer / Planner $105 - $135
Permit Processor $102
Engineering Aid / Planning Aid $80 - $110
Office Support / Clerical $75 - $100
Survey Personnel
2-Person Survey Crew $300 - $350
1-Person Survey Crew $175 - $225
Licensed Surveyor $175 - $225
Field Supervisor $150 - $200
Construction Management Personnel
Principal Construction Manager $289
Construction Manager $258
Contract Manager $214
Resident Engineer $214
Construction Inspector (Prevailing Wage) $214
Construction Inspector (Non-Prevailing Wage) $193
Field Office Engineer $193
Construction Technician $102
Contract Support $85
Other Direct Costs Rate
Mileage At IRS Allowable
Blueprinting, Reproduction, Postage/Overnight Delivery 10% Markup

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Note: The hourly rates shown above are subject to a five percent (5%) annual escala�on commencing January 1, 2025, and annually therea�er based on Michael Baker Interna�onal market adjustment protocol. Blueprin�ng, reproduc�on, messenger service, and other direct expenses will be charged as an addi�onal cost plus ten percent (10%). A Subconsultant Management Fee of ten-percent (10%) may be added to the direct cost of all sub-consultant services to provide for the cost of administra�on, subconsultant consulta�on and insurance. Vehicle mileage will be charged as an addi�onal cost at the IRS approved rate. Travel related expenses (airfare, hotel, and per diem) will be charged at direct cost. Over�me will be billed in accordance with Fair Labor Standards Act (FLSA) requirements.

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Addendum 1 - Insurance
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ADDENDUM “1”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant 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.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services 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.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may 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

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• 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;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. 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 thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (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 Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. 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. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor 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 insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the 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 indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with 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

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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

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Agreement with NAI
Consulting, Inc.

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Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL CIVIL ENGINEERING SERVICES
BETWEEN THE CITY OF INDIO AND NAI CONSULTING, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day ofJune 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and NAI Consulting, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by issuance of request for qualifications, the performance of as-needed professional civil engineering services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

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

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

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(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(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 Section 21, “Default” 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 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $600,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” 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 Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or

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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, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants 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 Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general

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and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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 at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. 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.
(a) 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 certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City 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. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, 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.

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(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement 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 subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 16. INDEMNIFICATION.
(a) INDEMNIFICATION BY CONSULTANT. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably acceptable to City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives 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, injuries (including, without limitation, injury to or death of an employee of Consultant or subconsultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, any goods provided or performance of Services by Consultant, its officers, agents, employees, representatives, subconsultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) INDEMNIFICATION FROM SUB-CONSULTANTS. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, 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

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forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and this section.

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 Addendum “1” “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 without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. 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 subconsultants.

If in the performance of its duties Consultant utilizes subconsultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making subconsultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 17 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performedby any subconsultant or subcontractor for purposes of establishing a duty of care between any subconsultant or subcontractor and the City.

SECTION 19. CONTINUITY OF PERSONNEL.

Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors / subconsultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress.
(b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

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 or reduced, if circumstances warrant. 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 public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

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SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201
To Consultant: NAI Consulting, Inc.

Attn: Joshua Nickerson, Vice President
68-955 Adelina Road
Cathedral City, CA 92234
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Indio Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by 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 Indio 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. ATTORNEY’S FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits and Addendums, along with any amendments thereto, 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).

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SECTION 34. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. Insurance requirements (“Addendum 1”)

2. All Exhibits and Addendums

3. All amendments

4. Consultant’s proposal, if any

5. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, Exhibits and Addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 35. TIME OF ESSENCE.

Time is of the essence for each and every provision of this Agreement.

SECTION 36. 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 Addendum “2” “Federal Funds.” [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL CIVIL ENGINEERING SERVICES
BETWEEN THE CITY OF INDIO AND NAI CONSULTING, INC.

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

CITY OF INDIO
___________________________
Bryan H. Montgomery
City Manager
ATTEST:

CITY CLERK
By: ___________________________
Sabdi Sanchez, CMC
City Clerk Administrator
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________
Steven P. Graham
City Attorney

CONSULTANT
By:

Joshua Nickerson
Its: Vice President

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES

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Civil Engineering Services
Proposal
68-955 Adelina Road
Cathedral City, CA 92234
(760) 323-5344
www.naiconsulting.com

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Agreements for Professional Services to perform As-Needed Professional C... Page 801 of 2161 Cover Letter
Include a brief description of the firm
Provide the name and contact information for the Project Manager of the firm, who will be the city’s main point of contact for the services provided.

The cover Letter shall address any exceptions to the City of Indio Standard Agreement for the Professional Services (Attachment 2) the proposer would like the City to consider for the proposed agreement.

This letter must also identify the name and contact information for the person(s) having proper authority to sign contracts for the firm.

Section A.1

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April 26, 2024
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: Director of Public Works and Selection Committee Subject: Statement of Qualifications for As-Needed Professional Civil Engineering Services
Dear Mr. Wassil and Members of the Selection Committee, NAI Consulting, Inc. (NAI) welcomes the opportunity to submit this proposal to provide As-Needed Professional Civil Engineering Services for the City of Indio. As you will see, we offer an outstanding project team with the civil engineering and project management qualifications, experience, enthusiasm, and positive approach to meet the civil engineering goals of the City and deliver successful projects.

Established in 1996, NAI is a team of professionals with over 35 years of combined planning, management, and engineering experience. We are a professional engineering firm specializing in civil design and project management. We have been successful in providing similar work to many agencies within the valley, including the City of Indio, the City of La Quinta, the City of Palm Springs, the City of Cathedral City, the City of Palm Desert, the City of Coachella, the City of Desert Hot Springs, and the Coachella Valley Association of Governments (CVAG). As a local firm, we understand the capital improvement environment and have strong ties to the valley. Our firm is sized to be flexible to allow our clients to utilize us in very small or very large capacities.

Due to the complexity of civil and traffic-related transportation projects, we understand that success hinges on understanding the project's goals, applying innovative engineering principles, developing successful solutions with viable alternatives, and laying out a plan for its implementation. We believe the NAI team provides the right combination of experienced staff, project understanding, and local knowledge to successfully undertake this As-Needed Professional Civil Engineering Services contract for the City of Indio.

Serving as Project Manager, I will be responsible for delivering your Capital Improvement Projects seamlessly and on budget. I am a civil/structural engineer by training and have experience with projects of all sizes in Southern California. From street rehabilitation and sidewalk replacement projects to drainage improvements and traffic control, I am confident our experience here at NAI will successfully blend with the City of Indio's project needs. Our full range of engineering services, as outlined in our scope of work, include:
 Preparing roadway/highway engineering plans and specifications,  Performing quantity take-offs and preparing engineer estimates,  Performing utility coordination activities,
 Agreement preparation,
 Performing public outreach,

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 Attending meetings and making presentations to the City Council and Planning Commission,
 Providing other roadway/highway engineering and transportation planning-related services including ADA Compliance, and
Please do not hesitate to contact me if you have questions or if I can provide any additional information regarding NAI Consulting, Inc. We look forward to providing our services to assist the City of Indio Public Works Department deliver successful Capital Improvement Projects. My Contact Information is:

Joshua Nickerson, P.E.
68-955 Adelina Road
Cathedral City, CA 92234
Telephone: (760) 323-5344 ext. 103
Email: [email protected]
Respectfully submitted,
NAI Consulting, Inc.

JOSHUA NICKERSON, P.E.

Vice President

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Agreements for Professional Services to perform As-Needed Professional C... Page 804 of 2161 Statement of Qualifications
Section A.1 - Cover Letter 1
SECTION A.2 - Statement of Qualifications
Firm Profile
Key Personnel
Project Availability
Conflict of Interest
References
Anticipated Sub-Consultants
3 Section A.3 - Scope of Work
Task 1 Roadway/Highway Engineering
Task 2 Traffic Engineering
Task 3 Quantities and Engineering Estimates
Task 4 Structural Engineering
Task 5 Utility Coordination
Task 6 Agreement Preparation
Task 7 Project Management
Task 8 American with Disabilities Act (ADA)
Compliance
Task 9 Conduit and Related Engineering
Plans
Task 10 Other Civil Engineering-Related
Services
14 Table of Contents

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A listing of the firm’s project personnel, including relevant experience or area(s) of expertise they bring to the team. Identify their role(s) in providing the scope of services and why they are selected to be a part of this RFQ.

Resumes are not required, but if included, they should be in the appendix for your proposal.

There shall be one person from your firm identified in your proposal who will be the Project Manager for the City. This person will be responsible for the work output of the firm; including but not limited to, approving and signing task orders assigned by the City, correspondence with City personnel, residents, developers, etc. and for attending meetings and addressing engineering-related issues at these meetings, as needed. This person’s contact information shall be included in the proposal.

Identify ability of the Project Manager to manage the proposed contract and availability of personnel.

The firm is required to include a “Conflict of Interest” statement, ensuring there’s no potential conflict between the firm and the City. However, it’s recognized that certain working relationships may appear as conflicts due to the availability of consultants in the area.

Provide up to (3) public agency references, if any, where you provide similar on-call services. While many firms can provide a long list of agencies whey they provide similar on-call services (which can be included in other parts of the RFP), the City would like you to select up to three (3) examples that are the most similar to the size and scope of services you envision to provide to the City of Indio.

Any anticipated subconsultant(s) shall be identified. Describe your firm’s working relationship with the subconsultant and the tasks they will provide.

Section A.2

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ON-CALL PROFESSIONAL CIVIL ENGINEERING SERVICES SOQ
3 STATEMENT OF QUALIFICATIONS
Firm Profile
NAI Consulting (NAI) is a longstanding firm deeply rooted in the Coachella Valley community, headquartered in Cathedral City. With over 27 years of active engagement in the Capital Improvement sector, we have demonstrated resilience through economic downturns, transitions in leadership across CVAG, Caltrans, and RCTC, and industry transformations due to corporate acquisitions. Our team is comprised of individuals with extensive experience in both public agencies and the private sector, offering a comprehensive understanding of engineering services, project management, and grant administration.

Throughout our tenure, we have diligently served numerous cities in and around the Coachella Valley, including Indio, La Quinta, Palm Springs, Cathedral City, Rancho Mirage, Coachella, Palm Desert, Desert Hot Springs, Beaumont, and the Town of Yucca Valley. NAI has consistently delivered capital projects, positioning itself as a reliable partner to the region's municipalities.

NAI Consulting's success in the Coachella Valley stems from our adaptable approach tailored to our clients' needs. We prioritize seamless integration with existing city organizations, respecting their autonomy in managing staffing and organizational decisions. Rather than displacing existing personnel, we offer staff augmentation for public works projects, ensuring a flexible workforce solution. This model enables our clients to utilize our services as needed, whether for filling open positions, managing federal projects, or providing on-site support. At NAI, we are committed to adjusting our level of involvement to meet the evolving demands of our clients' projects.

We would be honored to continue our collaboration with the City of Indio, providing our expertise in "OnCall" Professional Civil Engineering Services.

Engineering Services Experience
NAI is a full-service Civil Engineering firm. Recent experience includes designing street widenings, designing street rehabilitation plans, designing ADA improvements for roads and buildings, designing traffic control plans, designing signing and striping plans, and preparing specifications and engineer's estimates for our design projects. We prepare and review specifications and engineer's estimates for projects we manage, including developing traffic signal equipment replacement specifications and providing plan checks for signal interconnect installation and bridge plans. We are capable of providing plan check services for a variety of different capital improvement projects and plans.

NAI is currently serving as the lead civil engineer for the following list of local projects:
• Highway 111 Pavement Rehabilitation for the City of La Quinta. • Shadow Avenue Sidewalk for the City of Indio.
• FY23/24 Pavement Management Plan for the City of La Quinta.

In addition, NAI served as the lead civil engineer for the following recently completed local projects:
• Rancho Los Coyotes Pavement Improvements for the City of Indio. • Via De Anza Sidewalk Improvements for the City of Cathedral City. • Shields Road Project for the City of Indio.
• Fred Waring Pavement Rehabilitation and Road Improvements for the City of Palm Desert. • Citywide Miscellaneous ADA Improvements for the City of La Quinta.

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ON-CALL PROFESSIONAL CIVIL ENGINEERING SERVICES SOQ
4 Project Management Administration Experience
We have experience in all public works project delivery aspects, from a basic Needs Analysis to final acceptance. We have been developing the Capital Improvement Programs for our clients as well as managing specific projects as requested. We are familiar with the RCTC Measure A requirements, as well as the CVAG Regional Arterial Program.

We have assisted our clients in leveraging federal and state resources to maximize their own local transportation funding. Since 2013, NAI has assisted our clients in securing approximately $43M in federal, state, and regional grant funding. Throughout this time, NAI organized and managed the grant writing, from reviewing the potential projects for grant applicability to managing subtasks, including traffic counts, to drafting successful applications.

We have managed projects funded with nearly all types of federal and state funding, including HBP, HSIP, CMAQ, ATP (formerly SRTS/SR2S/BTA), STBG (formerly STP), Prop 68 Park Grants, LWCF, Clean CA, and STIP. We have managed projects funded with regional funds, including TDA Article 3 (SB821) and Caltrans and SCAG transportation planning grants. We have experience working with CVAG to scope projects for the Transportation Project Prioritization Study (TPPS) and RCTC to add and modify projects in the Federal Transportation Improvement Program (FTIP) and Regional Transportation Plan (RTP).

NAI is capable of tracking project budgets and schedules and developing engineered drawings and specifications. We have written Requests for Proposals for most public work services, including bridge design, street design, signal improvements, drainage improvements, facility improvements, transportation planning, construction management, and even street maintenance contracts.

We have intimate knowledge of the project delivery process and look ahead to future project impacts with each decision made. We have value-engineered projects to fit within prescribed budgets and accelerated schedules to meet funding obligations. We understand the City of Indio's specific project delivery methods and expectations on delivery timelines.

NAI is currently managing the following list of active local projects:
• Avenue 44 Bridge in the City of Indio.
• Avenue 50 Street Widening in the City of Indio.
• Avenue 50 Bridge in the City of La Quinta.
• HSIP Cycle 11 Traffic Safety Improvements for the City of Palm Springs.

In addition, NAI is providing grant administration for the following active local projects:
• HSIP Cycle 11 Safety Improvements for the City of Cathedral City. • CMAQ Sand Fencing and Street Improvements for the City of Rancho Mirage. • Earmark Funded Highway 111 Resurfacing for the City of La Quinta.

The NAI Team
Our team consists of a dedicated group of professionals who collaborate closely to achieve shared objectives. We are comprised of individuals with diverse skill sets and backgrounds, and each member brings unique expertise to the table, fostering innovation and problem-solving. The team maximizes productivity and delivers high-quality results through effective communication and mutual support. The NAI team embodies synergy and cooperation, driving the organization toward success.

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5 The proposed NAI Team for the City of Indio begins with Josh Nickerson, PE, as the Project Manager.

He will serve the City of Indio as the lead point of contact and will be responsible for delivering these services.

Project Manager - Mr. Joshua Nickerson, P.E. C81376
Josh will serve as the Project Manager and service the City of Indio as the day-to-day contact. With over 14 years of experience in design and project management, he brings an array of knowledge to support capital improvement projects from cradle to grave. Josh has a solid reputation for providing administrative and engineering support for federal and state aid projects. With his in-depth knowledge of state and federal procedures and his continuously developing network of agency contacts, he can successfully manage projects through federal and state funding requirements.

This ongoing support requires a significant amount of interagency coordination between the cities, the Riverside County Transportation Commission (RCTC), the California Transportation Commission (CTC), and the California Department of Transportation (Caltrans).

He has an intimate knowledge of local standards as well as state standards, including the Local Assistance Procedures Manual, the Local Assistance Programs Guidelines, the Project Development Procedures Manual, the Caltrans Construction Manual, etc. Typical services he will provide include Consultant Management; Project budgeting and scheduling; FTIP coordination/updating; RCTC, CTC, and Caltrans coordination; request for authorization (RFA) preparation for federally funded phases of work; request for allocation for state-funded phases of work; NEPA review; federal and state invoicing; federal RFP preparation; federal project specifications preparation, etc.

Josh currently provides these services in the following roles:
• Project Manager for the As-Needed Civil Engineering Services for the City of Indio. For reference, contact Timothy Wassil, PE, Public Works Director, at (760) 391-4018. • Project Manager for the On-Call Project Management Services for the City of Palm Springs. For reference, contact Joel Montalvo, PE, City Engineer, at (760) 322-8339. • Grant Administrator for the CIP Project Management and Engineering Services for the City of La Quinta. For reference, contact Bryan McKinney, PE, City Engineer, at (760) 777-7045. • Project Manager for the On-Call Engineering Support and Grant Administration Services for the City of Cathedral City. For reference, contact John Corella, PE, City Engineer, at (760) 770-0327.

Principal Civil Engineer - Ms. Lorissa Gruehl, PE C76730 Lorissa will be the Principal Civil Engineer as needed for this contract. She has over 20 years of experience working on a variety of infrastructure planning, design, and construction projects, including design-build. She has experience working directly with project development teams to create efficient and constructible projects that meet the objectives of the client.

Lorissa has proven herself to be a capable asset to City On-call Programs. Through staff extensions, she has supported cities in becoming more efficient and successful in delivering capital projects. Typical services include plan checking and estimating, value engineering analysis, request for proposal (RFP) preparation, project engineering support, preparation and tracking of project schedules and budgets, preparation of bid documents, preparation of bid summary comparisons, and construction support.

Lorissa's design experience includes roadway geometrics, bikeway geometrics, site grading, park site rehabilitation, traffic design, retaining wall design, and storm drain improvements. Her knowledge and familiarity with the latest design standards, including FHWA, AASHTO, and Caltrans, facilitate successful

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6 project delivery. She has comprehensive knowledge of various design software, including AutoCAD, Civil 3D, AutoTURN, MicroStation, and InRoads.

Lorissa currently provides these services in the following roles:
• Principal Civil Engineer for the As-Needed Civil Engineering Services for the City of Indio. For reference, contact Timothy Wassil, PE, Public Works Director, at (760) 391-4018. • Principal Civil Engineer for the CIP Project Management and Engineering Services for the City of La Quinta. For reference, contact Bryan McKinney, PE, City Engineer, at (760) 777-7045. • Principal Civil Engineer for the On-Call Engineering Support Services for the City of Cathedral City.

For reference, contact John Corella, PE, City Engineer, at (760) 770-0327.

Assistant Project Manager - Ms. Erika Sinohuiz
Erika will be the Assistant Project Manager and support the team in the delivery of each of the City's projects. Erika brings a solid foundation in coordinating capital improvement and federally funded projects to her role as an Assistant Project Manager. With a background in both administrative and engineering support, Erika specializes in navigating projects funded by federal and state sources.

At the heart of our project delivery process, Erika demonstrates a deep understanding of local and state standards, including thorough knowledge of the Local Assistance Procedures Manual and the Local Assistance Program Guidelines. She is adept at various components of project management, including budgeting, scheduling, and coordinating and updating the Federal Transportation Improvement Program (FTIP). Moreover, Erika excels in the preparation of compliance documentation for both federal and state requirements.

Erika's expertise also encompasses the preparation of Request for Proposals (RFP), handling Request for Authorization/Adjustment (RFA), developing project specifications, and conducting bid comparisons.

She skillfully manages federal forms, invoicing, labor compliance oversight, and meticulous project closeouts.

Her proactive and hands-on methodology promotes effective collaboration with project managers, development teams, and municipal staff. This ensures the successful and timely completion of projects in alignment with our client's objectives, demonstrating her commitment to excellence in project management.

Assistant Engineer - Mr. Jose Cortez
Jose will provide assistant engineering services for this contract. He brings with him a wealth of experience in designing projects for construction, including CAD work, project engineering estimation, and project management. His expertise extends to collaborating with city staff and project managers to develop plans and ensure that scopes of work, schedules, and budgets align seamlessly, minimizing the need for quality reduction or cost escalation.

In his capacity as Assistant Engineer, Jose has honed his skills through involvement in pavement management projects and ADA improvements. His contributions encompass a wide spectrum of tasks, from sidewalk gap closures to pavement rehabilitation, signing and striping modifications, and curb ramp reconstruction. Additionally, he is familiar with preparing bid documents, estimates, specifications, bid comparisons, conducting plan checks, and fulfilling other associated responsibilities.

Management Analyst - Ms. Diana Smith
Diana provides comprehensive project management and administrative assistance, boasting a track record of adeptly supporting numerous private sector-funded initiatives. Her role encompasses

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7 collaboration with project managers, superintendents, architects, and government personnel to facilitate seamless project execution. Proficient in budget management, schedule monitoring, and the preparation of project-related financial documents, Diana ensures the efficient organization of every endeavor.

Leveraging her familiarity with state and local agencies, she adeptly addresses additional administrative demands as they emerge.

Project Assistant - Ms. Stephanie Milette
Stephanie serves as a vital asset in project management and administrative support. Her expertise encompasses budget oversight, schedule management, project documentation, and the preparation of progress payment invoices for consultant and project reimbursement. Familiar with project specifications, federal forms, and various administrative tasks, Stephanie plays a key role in facilitating federal and state invoicing, coordinating utility communications, conducting bid comparisons, and assisting in due diligence processes. Additionally, she contributes to the drafting of award packages, CIP project sheets, and various other administrative duties essential for project success.

Team Workflow
The key NAI staff proposed for these services have been working together over the years on very similar contracts to the services requested by the City of Indio. As such, we have developed seamless workflows and information highways to provide our clients with the utmost satisfaction.

This efficient workflow always starts with the primary contact. Josh Nickerson, as Project Manager, will continually coordinate with City Staff to keep informed of their needs and provide project status updates on the tasks assigned. Once the information is collected from the City, or design consultant who is being managed, Josh will distribute the pertinent information to the team as necessary.

Organizational Chart
Joshua
Nickerson
Lorissa
Gruehl
Diana
Smith
Jose
Cortez
Erika
Sinohuiz
Stephanie
Milette

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8 Project Spotlight
CATHEDRAL CANYON DRIVE BRIDGE – CP#: 8919

CITY OF CATHEDRAL CITY
Contact
Information:

John Corella,
P.E.

Email: [email protected] Phone: 760-770-0327
Funding Source: Federal HBP,
CVAG
Total
Cost:
$25,000,000.00 Completion: 03/2023
Key Personnel: Josh Nickerson, Erika Sinohuiz
Essential
Functions:

Federal Compliance, Consultant Selection, Contract
Management, Schedule/Budget Tracking, Progress
Monitoring, Environmental Review, Plan Checking
Project
Challenges:

Federally Funded, Cultural Sensitivity, CVWD
Coordination, Right of Way Relocation Assistance, Golf
Course Impacts, Regulatory Agency Coordination
(CDFW, USACE, RWQCB).

Project
Description:

NAI provided Grant Administration for the Ofelia Bringas Memorial Bridge Project. The Ofelia Bringas Memorial
Bridge (aka Cathedral Canyon Bridge over Whitewater
River) Project replaced an existing low water crossing
with a new 4-lane bridge. The new cross-section provides 2 lanes for vehicle traffic in each direction, a bike lane and a sidewalk on the west side and a CV Link trail on
the east side that accommodates pedestrians, bicycle
and Neighborhood Electric Vehicles (NEVs). The Project
also added a 10-foot drop structure upstream of the
bridge structure within the Whitewater River Channel,
concrete bank slope protection within the Project area, and concrete channel lining under the bridge structure. 2022/2023 PAVEMENT MANAGEMENT PROGRAM – CP#: 2023-15

CITY OF LA QUINTA
Contact Information: Bryan
McKinney, PE Email: [email protected] Phone: 760-777-7045 Funding Source: Local Total Cost: $2,000,000.00 Completion: 06/2024 Key Personnel: Lorissa Gruehl, Jose Cortez, Diana Smith Essential Functions: Prepare Plans, Prepare Specifications, Prepare Engineer's Estimate, Utility Coordination
Project Challenges: Multiple Locations, Traffic Control, Construction timing, utility adjustment.

Project Description:

NAI was the lead civil engineer in developing the plans and specifications for the City of La Quinta's 2022/2023 pavement management program project implementation. The
improvements included over 1,800,000 of slurry along six streets throughout the City including adding new bike lanes.

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9 RANCHO LOS COYOTES PAVEMENT IMPROVEMENTS– CP#: ST2201

CITY OF INDIO
Contact Information: Tim Wassil, PE Email: [email protected] Phone: 760-391-4018 Funding Source: Local Total Cost: $1,700,000.00 Completion: 02/2024 Key Personnel: Lorissa Gruehl, Joshua Nickerson, Jose Cortez, Erika Sinohuiz, Diana Smith, Stephanie Milette
Essential Functions: Prepare Plans, Prepare Specifications, Prepare Engineer's Estimate, Utility Coordination, Public Outreach
Project Challenges: Budget Constraints, CVWD Coordination, Property Owner Coordination, Parking Restrictions, Traffic Control.

Project Description:

NAI was the lead civil engineer in developing the plans and specifications for the Rancho Los Coyotes Pavement
Improvements Project. This project included removing and replacing existing roadway pavement; removing and
replacing the existing concrete driveways, curb, gutter and cross-gutters in the right of way; and replace them with concrete wedge curbs and curb transitions, driveway tie-ins and concrete cross gutters. The project also constructed a new drainage system to improve drainage on the street.

SHIELDS ROAD IMPROVEMENTS – CP#: ST1202

CITY OF INDIO
Contact Information: Tim Wassil, PE Email: [email protected] Phone: 760-391-4018 Funding Source: Local Total Cost: $400,000.00 Completion: 08/2023 Key Personnel: Lorissa Gruehl, Joshua Nickerson, Jose Cortez, Erika Sinohuiz, Diana Smith, Stephanie Milette
Essential Functions:

Prepare Plans, Prepare Specifications, Prepare Engineer's Estimate, Utility Coordination, Right of Way Mapping, ADA Compliance
Project Challenges: Right of Way Constraints, budget constraints, design takeover, changing standards.

Project Description:

NAI was tasked with taking an existing design to final
completion. The original design avoided right-of-way impacts but would have led to many other civil design challenges. NAI redesigned this project to meld City Standards with physical constraints and property owner concerns. This project
included constructing the missing segment of Shields Road south of Highway 111. The improvements included
constructing approximately 250ft of asphalt pavement. The street was constructed to match the existing street section with one lane in each direction and a sidewalk along the east side from Highway 111 to approximately 500ft south of
Highway 111.

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10 FRED WARING DRIVE PAVEMENT REHABILIZATION – CP#: 7522

CITY OF PALM DESERT
Contact Information: Ryan Gayler Email: [email protected] Phone: 760-776-6393 Funding Source: Local Total Cost: $3,250,000.00 Completion: 12/2023 Key Personnel: Lorissa Gruehl, Jose Cortez, Diana Smith Essential Functions: Prepare Plans, Prepare Specifications, Prepare Engineer's Estimate, Utility Coordination, ADA Compliance
Project Challenges: Utility relocations, replacing driveways to be ADA compliant, traffic control along busy corridors.

Project Description:

NAI was the lead civil engineer in developing the plans and specifications for the Fred Waring Drive Pavement
Rehabilitation Project from Highway 111 to Monterey
Avenue. The project made improvements to curb ramps,
pedestrian facilities, and other infrastructure.

VIA DE ANZA STREET IMPROVEMENTS – CP#: 8834, 8835, 8841

CITY OF CATHEDRAL CITY
Contact
Information:

Armando
Baldizzone, PE Email: [email protected] Phone: 760-770-0329 Funding Source: CDBG Total
Cost: $2,250,000.00 Completion: 06/2024
Key Personnel: Lorissa Gruehl, Jose Cortez, Diana Smith Essential
Functions:

Prepare Plans, Prepare Specifications, Prepare Engineer's Estimate, Utility Coordination, ADA Compliance
Project Challenges:

Utility Relocations, ADA Compliance, traffic control, work in front of residents along local street, phased construction, grant funding.

Project Description:

NAI was the lead civil engineer in developing the plans and specifications for the Via De Anza Street Improvements, Phases 1-3. The improvements include widening the local street to the general plan width and installing, curb, gutter, sidewalk, driveways, and ADA ramps. The improvements were completed as part of the City's CDBG program and required federal compliant specifications.

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11 HERBERT HOOVER PEDESTRIAN IMPROVEMENTS – CP#: SW1801

CITY OF INDIO
Contact
Information: Tim Wassil, PE Email: [email protected] Phone: 760-391-4017 Funding Source: Federal ATP Total Cost: $6,920,900.00 Completion: 06/2023 Key Personnel: Josh Nickerson, Lorissa Gruehl, Erika Sinohuiz, Diana Smith, Stephanie Milette
Essential
Functions:

Federal Compliance, Consultant Selection, Contract
Management, Schedule/Budget Tracking, Progress
Monitoring, Environmental Review, Plan Checking, Public Outreach
Project Challenges: Funding Constraints, Community Engagement for over 300 private residences.

Project Description:

NAI provided project management and grant
administration services for the Herbert Hoover Pedestrian Improvement Project. In 2018, the City received grant
funding from Cycle 3 of the Active Transportation Program (ATP) to construct sidewalks along fourteen (14) street segments in the neighborhood surrounding Herbert
Hoover Elementary School next to Miles Avenue Park. The improvements included adding five-foot (5') sidewalks to both sides of the street segments, upgrading the driveways with Americans with Disabilities Act (ADA) accessibility standards, and upgrading curb ramps with ADA
accessibility standards.

Conflict of Interest
NAI Consulting currently has an On-Call Professional Civil Engineering Services contract with the City of Indio. NAI has removed itself from the selection committee of this RFQ. The current contract will have no direct management decisions regarding any profits that may be acquired under this Statement of Qualifications. NAI certifies that they have no connection with the award of this contract and that no agreements have been made between the City of Indio and NAI Consulting regarding the award of this contract.

NAI is not currently accepting any payments from any other consulting company as a subconsultant on other projects in Indio or other jurisdictions. Due to the nature of the work that NAI provides our clients, we do not typically subcontract to any other engineering firms to avoid the appearance of a conflict.

However, if this ever changes, NAI will alert the City of Indio to this potential conflict.

NAI has familial relations with part-time staff at Michael Baker International. This will be reported in future Economic Interest Statements (Form 700) if the City requests NAI staff to fill this out. The staff relationship at Michael Baker International does not overlap any of the City's existing task orders with that firm, and NAI will not participate in the selection process for any procurement involving a proposal from Michael Baker International.

As a representative of the City of La Quinta, NAI works on projects for an adjacent city, including projects that overlap jurisdiction with the City of Indio. However, the potential scenario of NAI working on the same project for two different agencies is not unique. In fact, the Madison Street Improvement Project from

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12 Avenue 50 to Avenue 52 overlapped the jurisdictions of Indio and La Quinta. We are capable of separating the time spent for each agency and never charge the same hour to both agencies.

Public Agency References

CLIENT CONTACT PHONE EMAIL
City of Cathedral City John Corella – Director of
Engineering & Public Works
(760) 770-0327 [email protected]
Design Professional Services
Grant Administration Services
Term: June 10, 2023, to June 30, 2025
Description of Services:

Through the Design Professional Services On-Call Contract, NAI Consulting provides design support to the City of Cathedral City, including designs such as the Via De Anza Street Improvements. In addition, through the Design Professional Services Contract, NAI provides plan checking services to the City of Cathedral City that involve reviewing development plans for on- and offsite civil design features in the interests of the City.

Through the Grant Administration Services On-Call Contract, NAI consulting provides grant administrative support for state- and federally-funded projects. While not directly involved in the day-to-day management or development of the project, NAI keeps the project compliant with all applicable regulations, including funding allocation requests, project reporting, and reimbursement requests, such as for the Cathedral Canyon Bridge Project.

CLIENT CONTACT PHONE EMAIL
City of La Quinta Bryan McKinney – Public Works
Director & City Engineer
(760) 777-7045 [email protected]
Project Management and Contract Administration Support
Services
Term: July 1, 2019, to June 30, 2024
Description of Services:

Through the On-Call Project Management and Contract Administration Support Services Contract, NAI Consulting provides project management and civil design support. NAI assists the City in maintaining its Capital Improvement Program, manage projects like the Dune Palms Road Bridge Project, and provides civil engineering support for projects like the annual pavement management program and Highway 111 Pavement Rehabilitation Projects. Through this contract, NAI also supports the City management and develops other capital improvement projects related to Parks, like the Fitz Burns Pickle Ball Courts, and facilities like the new Cultural Campus.

CLIENT CONTACT PHONE EMAIL
City of Palm Springs Joel Montalvo – City Engineer (760) 322-8339 [email protected] On-Call Project Management Services for Various Federally Funded Transportation Projects
Term: April 4, 2019, to May 31, 2024
Description of Services:

Through the On-Call Project Management Services for Various Federally Funded Transportation Projects Contract, NAI Consulting assists the City's Project Management team in various project administration tasks for state- and federally-funded transportation projects. NAI is involved in the day-to-day development of the project to ensure the project meets the goals and objectives of the grant funding. NAI is responsible for the grant administration, progress reporting, consultant selection, and project reimbursement tasks for the City's grant-funded projects, such as the City's six ongoing bridge projects along Indian Canyon, South Palm Canyon, Ramon Road, Vista Chino, and East Palm Canyon Drive.

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13 Anticipated Subconsultants
As stated in the Cover Letter, NAI Consulting is capable of providing in-house services for the following focus areas:
• Preparing roadway/highway engineering plans and specifications, • Performing quantity take-offs and preparing engineer estimates, • Performing utility coordination activities,
• Agreement preparation,
• Performing public outreach,
• Attending meetings and making presentations to the City Council and Planning Commission, • Providing other roadway/highway engineering and transportation planning-related services, including ADA Compliance and
NAI is prepared to assist the City as needed in the other focus areas of the RFP through our network of subconsultant relationships. Through these relationships, NAI can develop traffic signal and related engineering plans and specifications, drainage analysis and studies, landscape plans and specifications, structural plans and specifications, right-of-way requirement maps, and NPDES/SWPPP/WQMP/PM10 plans.

NAI has not listed any subconsultants in this Statement of Qualifications to avoid limiting our ability to bring on the most qualified and available subconsultant for the service when requested.

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Provide a description of the work objectives (tasks, sub-tasks, and deliverables) that are anticipated to be provided. The scope shall include but not be limited to the items listed in “Section III - Scope of Services” of this RFQ.

Please address what you believe to be the most important items, as well as items that you believe are the most important for civil engineering services for the City of Indio. Provide a brief synopsis of the proposal summarizing the firm’s unique qualities and the overall benefit of the proposal for the City and your understanding of the scope of services.

Note: The description of your approach to providing scope of work should demonstrate to the evaluator that you have good
understanding of what it takes to provide each task shown in “Section III - Scope of Services” of this RFQ.

Section A.3

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14 PROJECT UNDERSTANDING AND APPROACH
The requested services, as outlined in the RFQ, are consistent with the services that NAI provides to all our municipal clients. As such, NAI is versed in providing well qualified contract staff experienced with the Caltrans Local Assistance Procedures Manual (LAPM) applicable to federally funded projects.

The NAI Team will become an extension of City Staff in administering the progress of each federally funded project described in the RFQ, attending Project Development Team (PDT) meetings, monitoring progress with action items, maintaining project schedules, reviewing certified payroll, providing public outreach, reviewing project submittals, etc. In addition to daily project administration, our team will provide general capital program management for the projects assigned to NAI. This will include developing a project management and controls system to brief the city’s upper management on the status and budget of the capital improvement program.

It is easy to administer projects when everything proceeds as expected. However, while a good project manager can prevent many avoidable issues, it takes experience to be able to work through the unexpected problems efficiently. The NAI team on this contract has a track record of identifying problems early and working through them in the best interest of the project. This problem-solving starts with good communication between all interested parties and a strong understanding of project development. Below is a list of sample situations that NAI has assisted our clients in overcoming. In these two simple examples you will see that NAI’s communication with stakeholders as well as our understanding of the process helped save time and money. We are always available to discuss any potential challenges that face Indio should you wish to brainstorm possible solutions.

Example 1: HSIP Signal Pedestrian Countdown Timer Replacement Project Situation: After NAI reviewed the PES, the prime consultant prepared the submittal and mailed it to Caltrans as indicated in their scope. After several weeks of review, Caltrans commented and requested additional mapping for the cultural review.

NAI Response: Rather than immediately request additional documentation from the prime consultant which may have opened the City to a potential change order for additional cultural studies, NAI sent back the project vicinity map to Caltrans and requested clarity on what additional information Caltrans would need to complete their review.

Resolution: It was discovered that Caltrans had not yet received the correct Vicinity Map that NAI provided. Rather, the prime consultant had accidentally attached a different project’s attachments to the PES. NAI offered to resubmit the entire document, but Caltrans, in the spirit of cooperation, only requested that NAI submit the correct attachments and they would append them to the previously submitted PES. The PES was approved without any additional technical studies and the NEPA CE was provided within two weeks.

Lessons Learned: A strong attribute of any project manager is to fully understand unexpected situations before jumping to conclusions. As a project manager, it is easy to fall into the trap of distributing information quickly but without considering the full context. In this situation, NAI recognized that Caltrans should have had all the information necessary, and a simple request for clarification solved the problem.

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15 Example 2: HSIP Citywide Signal Interconnect
Situation: During Environmental review, Caltrans requested a Cultural Records Search to determine if any additional cultural studies would be required. NAI forwarded this response to the prime consultant who requested an additional $8,000 to complete the citywide records search and provide GIS maps and technical data.

NAI Response: The project did not budget for any additional technical studies, and NAI recognized that the additional scope provided by the consultant may be excessive. NAI reached out to Caltrans with the scope and fee from the consultant and requested clarity on what they would require for the records search so that NAI could negotiate the additional scope.

Resolution: After internal discussions, Caltrans agreed that a citywide records search for cultural resources would be an excessive requirement for this type of project. Rather than the records search, Caltrans revised their request to only providing the CAD files for their internal GIS system which the consultant could easily provide. With the CAD files, Caltrans determined that the risk for cultural impacts was low enough to only require a Screened Undertaking through Section 106.

The PES was approved within the next few weeks, and the NEPA CE was issued shortly thereafter with no additional technical studies required.

Lessons Learned: When presented with potential project changes, a good project manager must fully comprehend the additional work required. In this situation, it would be easy to approve the additional scope without clarity on the future deliverable. By communicating with Caltrans to clarify the resulting deliverable, Caltrans was able to focus their request on the pertinent information they needed, saving the City from a change order.

SCOPE OF WORK
Task 1 Roadway/Highway Engineering
The following tasks detail our understanding and approach to a generic transportation project. This hypothetical scope of work program describes the effort needed for the preparation of construction documents including final design plans, specifications, and construction cost estimates. NAI always will employ value engineering techniques to analyze design/construction alternatives that may improve the design or make the project more cost-efficient.

The following tasks are ones that NAI can conduct as the lead designer or as a project manager.

Task 1.1. Roadway Planning.

Prior to any network/roadway design and construction, a feasibility study should be performed to support the needs of the corresponding facility. The NAI team has conducted various feasibility studies that include the development and investigation of multiple alternatives and the identification of the best alternatives that can accommodate and handle traffic increases and planned future land use.

Our team will conduct a comprehensive Alternative Analysis to accommodate the City’s future growth.

Preliminary planning will focus on the physical characteristics and engineering features of the study site, as well as the standards required to develop any potential project. Conceptual plans will be prepared in order to meet the needs of improved traffic circulation. The alternatives will be developed to satisfy the City’s General Plan objectives, be cost-effective, and avoid or minimize environmental and right-of-way impacts.

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16 Task 1.2. Project Coordination.

To facilitate the review and approval process, we will collaborate closely with the key individuals at the City who are responsible for review of specific elements of the project and will submit draft copies of significant work items before the milestone submittal date. This gives us a clear understanding of what the reviewers expect, and they have a preview of what will be submitted before the actual submittal is made. Our experience working on projects with City oversight has taught us the importance of maintaining accurate and detailed meeting minutes, decision logs and action item lists during the project development process. Utilizing this technique documents decisions, ensures consistency in decisions, and provides a concise list of tasks to be accomplished by each participant and a specific time schedule to complete the task.

We will hold a meeting with the City prior to beginning any significant work. The purpose of this meeting is to:
 Solicit input regarding the goals for the project desired by each agency.  Agree on the intended scope of the project.
 Agree on the basic design standards to be met.
 Review status of design and plan preparation for other street improvements or development projects near or adjacent to the proposed project site and obtain any mapping and design file information that may be available for these other projects.

Task 1.3. Review Existing Information.

Once we have prepared the final scope documents and are issued a Notice to Proceed, we will begin the design phase of the project. This will consist of research and data collection, reviewing the documents provided by the City, coordination and investigation; field surveying; utility identification; and pavement evaluation.

We will prepare our preliminary plans based on information obtained from our research, data collection, survey, and pavement testing. After 65% review and approval by the City, we will incorporate comments and begin work on the final PS&E.

Task 1.4. Field Survey.

NAI can obtain a sub-consultant surveyor or NAI can coordinate with one of the City’s on-call surveyors.

We will coordinate encroachment permits for surveys not within City right-of-way.

In addition to cross-section surveys, the surveying task will locate all existing structures and improvements within and behind existing street right-of-way and adjoining streets in areas of the proposed improvements that may be pertinent to or in conflict with the proposed design and identifying surface features that may not have been visible in aerial photographs. This may include such features as structures, utility poles, fire hydrants, catch basins, signs, water valves, manholes, driveways, and walkways.

Task 1.5. Utility Conflict Map/Utility Coordination.

NAI will consult, coordinate, and perform related follow-up with the affected utility companies regarding the specific project-imposed impact locations to identify design controls and considerations necessary for plan preparation and approvals. Requests for information will include requests for future utility projects that may be affected by the proposed improvements. We will keep the City informed of the contact with the utility companies. Plan submittals will be forwarded to the utility companies for verification of their facilities known by them. The existing franchise agreements with each affected utility will determine whether the plans indicate the necessary modifications / relocations be performed as a part of the project

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17 or whether the utility company must perform and pay for their own work. This will be determined for each utility company and facility.

Task 1.6. Right of Way and Permitting.

If the project requires right of way, rights of entry, or encroachment permits, NAI can obtain a right of way sub-consultant or surveyor as needed or NAI can coordinate with the City’s on-call right-of-way consultant and/or surveyor. Typical information and procedures may include recommendations for impacted areas, negotiated agreements, coordination with property owner or agency.

Task 1.7. Geotechnical Information.

If the project requires a geotechnical recommendation or street borings, NAI can obtain a geotechnical sub-consultant or NAI can coordinate with the City’s on-call Geotech firms. Typical information and procedures may include recommendations for location of borings, review of draft recommendations, and coordination.

Task 1.8. Hydrology and/or Hydraulics.

If the project requires a hydrology study and/or needs hydraulic calculations, NAI can obtain a subconsultant to conduct the needed information. Typical information and procedures may include recommendations for area of impact, proposed and existing roadway profile, recommendations for the size of storm to calculate, and coordination.

Task 1.9. Geometric Base Maps.

This task will include the development of plans showing proposed geometry and other pertinent alignment data of the proposed engineering including typical sections, profiles, super-elevations, proposed right-ofway limits, approximate wall locations, and other clarifying information, as necessary. They will be generated using the project report geometric plans. The geometric base maps (GBM) will be submitted to the City for approval before proceeding with final design. The GBM will form the basis for the final design’s skeleton sheets.

After the base sheets are developed, we will perform a field review to document existing field conditions and determine where additional information or field data may be required to provide adequate information to complete the conceptual widening alternatives and to confirm the location and type of utilities and other improvements.

Task 1.10. Roadway Plans.

NAI will prepare roadway design plans to satisfy the project requirements as follows:
 Street Widening – The plan set typically will include an alignment, profile, and widening details.

Utility relocations will be identified, and drainage improvements will be included as required. In most cases, roadway widenings occur in areas with existing improvements within the City’s right of way. NAI will design the improvements to minimize conflicts to the furthest extent possible and will provide positive drainage at all driveways within the right of way to the furthest extent possible.

NAI will also design the profile to minimize the amount of existing pavement to be reconstructed.

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18  Pavement Rehabilitation and/or Reconstruction – The plan set typically will include a plan view of the streets with the limits of each type of rehabilitation or reconstruction method, i.e. crack fill, slurry seal, grind and overlay, etc. NAI can make recommendations on the type of pavement rehabilitation/reconstruction method or we can prepare the plans based on the recommendation of a geotechnical report. The plans will show all valves and manholes in the pavement that the Contractor will need to raise/lower or cover to protect in place depending on the rehabilitation method. For reconstruction projects the plan set will include an alignment, profile, and reconstruction details. The profile may be omitted depending on if the profile will be adjusted. If the profile is changing significantly, the plans will identify utility line conflicts.  Median Addition – The plan set will include an alignment and profile. The profile may be omitted depending on if positive drainage can be maintained along the alignment if placed at the existing elevation on the road. Typically, this cannot be maintained at new left turn pockets since the curb is typically placed on the opposite side of the crown.

Where the City does not wish to reconstruct the pavement a curb opening can be designed to prevent water from ponding at low spots. Where landscaped medians are requested, NAI can contract with a Landscape Architect sub-consultant or coordinate with one of the City’s on-call Landscape Architects. The plans will identify utility line conflicts.  ADA Compliant Sidewalks and Access Ramps – The plan set will include the limits and special details where required to reconstruct or install an ADA compliant sidewalk. The scale to prepare sidewalk and access ramp plans is typically 1”=20’ or 1”=10’ depending on the length so that adequate detail can be shown. NAI will verify that the location where the sidewalk joins is ADA compliant. NAI will verify that the sidewalk can be constructed to ADA standards. If it cannot, special details such as short retaining walls will be designed. NAI will inspect each existing ramp to determine the most cost-efficient way to bring the ramp into compliance. For instance, if a curb ramp meets all standards except it does not have truncated domes. The curb ramp will be protected, and domes will be added.

Task 1.11. Signing and Striping and Traffic Control Plans.

NAI is capable of preparing signing and striping and traffic control plans for the roadway project we are designing. However, NAI can also coordinate with the City’s on-call Traffic Engineer as needed.

Task 1.12. Contract Specifications/Bid Documents.

Project Specifications will conform to the requirements of the Standard Specifications for Public Works Construction, City, and Caltrans Standard Specifications as applicable.

NAI will use the City’s boilerplate front-end documents and prepare final special provisions for items, details, materials, procedures, and other conditions not adequately covered by the City, Caltrans, or Public Works Standard Specifications. A listing and copy of all standard plans required for the project will be provided in the appendix and copies of any plans used, that are not standard, will also be included.

After incorporating first plan check comments, we will prepare final technical specifications and/or special provisions for the proposed construction work.

Task 1.13. Construction Cost Estimates.

NAI will prepare a preliminary estimate of probable construction costs for the project that will include a proposed bid item list, estimated quantity, line-item cost estimates and estimate of construction working

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19 days for the improvements in accordance with City format. At the first plan check, NAI will develop a preliminary estimate of probable construction costs for comparison with previous project budget estimates.

After incorporating first plan check comments, NAI will prepare the final estimate of probable construction costs for the project that will include a proposed estimate of construction working days for the improvements in accordance with City format. NAI will refine the preliminary estimate and provide quantity take-offs with appropriate unit prices and extensions.

Task 1.14. Quality Assurance/Quality Control.

Quality Assurance / Quality Control is a key element of NAI’s overall approach to the management and control of the work. This helps ensure the City will be receiving a successful project on time and within budget.

As part of the program a competent designer will review the work provided by the project engineer. During this review, the checker will mark-up the plans and discuss any proposed changes with the project engineer. Changes to the plans, specifications, and calculations are only made after the differences are reconciled.

Task 1.15. Final PS&E Package.

After incorporating review comments for the plans, specifications and cost estimate, NAI will submit an electronic copy of all documents prepared for the project. At the request of the City, NAI will also submit bond hard copies of the final package.

Task 1.16. Bid Support/Construction Support.

The NAI team will perform support services to the City during the advertising, bidding and construction of the project as requested. These services will include written interpretation and clarification regarding the intent of the plans, specifications, and special provisions. NAI will provide professional review of shop drawings and contractor submittals for conformance to the bid documents. NAI will also provide recommendations on progress pay estimates and change requests. Upon completion of construction, NAI will perform a field review and include the contractor’s as-built redlines and provide record drawings to the City.

Task 2 Project Management
Task 2.1. General Contract Management.

NAI will actively manage the consultant contracts as assigned. This will include attending PDT meetings, reviewing schedules, approving consultant invoices, managing project submittals, and maintaining project budgets. Without this active management, we have found that many contacts will stagnate as the consultants lose direction of the project needs.

Task 2.2. Coordination with Various Funding Partners.

Our team knows that there are state and federal regulations that extend beyond the life of a single project.

Every year the City must submit updated DBE and ADA forms specifying how the local agency is planning to comply with these federal requirements throughout the year. Every five years, the City must update its Quality Assurance Program (QAP) to ensure that the construction material testing and certifications are kept current.

We know all of these ancillary state and federal requirements and will assist the City in maintaining good standing with Caltrans Local Assistance. We will be responsible to track and update the DBE/ADA annual

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20 forms in accordance with LAPM Chapter 9 "Civil Rights and Disadvantaged Business Enterprises", and ensure the City's QAP is in compliance with Caltrans procedures outlined in the Caltrans QAP Manual.

Task 2.3. Coordination with Other Agencies and Stakeholders.

As a representative of the City for each assigned project, NAI will maintain a positive relationship with other impacted agencies, stakeholders, and the public. This includes utilities agencies, flood control districts, regulatory agencies, the Coachella Valley Association of Governments (CVAG) and adjoining jurisdictions that share public improvements. As part of this on-going coordination NAI will hold stakeholder or public engagement meetings as necessary to ensure the project is well received and meets the expectations of everyone involved.

In this capacity, NAI will also assist the City to prepare and/or review agreements between other agencies and stakeholders including funding agreements, maintenance agreements, and other cooperative agreements that may be necessary for the assigned project.

Task 2.4. Prepare and Track Project Schedules.

At the beginning of the fiscal year the NAI Team will meet with city staff and assist in prioritizing the delivery of each project listed within the city’s capital improvement program (CIP). NAI will prepare an overall critical path Gantt chart schedule which clearly illustrates when objectives for each project will be accomplished and the time relationship with other projects. This timeline “plan” is invaluable in managing staff workload, design consultant deliverables and anticipating approvals by city management and elected policy makers.

Task 2.5. Assistance During Bidding and Contractor Procurement.

This critical objective begins with the preparation of biddable specifications, constructible plans, and realistic engineer’s estimate (PS&E) package. The NAI Team is fully experienced with city procedures and will respond to contractor requests for information (RFI), prepare any necessary addenda to the bid documents, prepare bid comparison summaries that compare the bids received to the engineer’s estimate and/or each other, perform due diligence on the low bidder, and prepare a staff report with award findings and recommendations for consideration by the City Council.

NAI is familiar with the City’s procurement process through PlanetBids. Once approved by the City, NAI can post the plans and specifications online and monitor any questions that are submitted. NAI can also post any addenda that may be necessary during the procurement process.

Task 2.6. Project Scoping.

When a project scope is complete and thorough it is a powerful tool that can be used for many different documents, such as the CIP, staff reports, and funding applications. Typical items NAI prepares, or coordinates, are as follows:

1. Identify the project limits.

2. Identify above ground utilities and other obstructions.

3. Identify existing right of way using parcel maps or other maps as available.

4. Research record drawings from the City’s database.

5. Layout proposed improvements for quantities and other potential impacts (utilities and right of way).

6. Coordinate Preliminary Hydrology as needed.

7. Coordinate a Traffic Study as needed - Typical information may include recommendations for signal synchronization, signal optimization, interconnect, and coordination.

8. Prepare detailed scope and assumptions.

9. Prepare engineer’s estimate and add allowances for unknowns.

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21 Task 2.7. Consultant Procurement.

The NAI Team has a strong working knowledge of the City’s Consultant Selection Process for both small and large projects. We will draft a comprehensive Request for Proposal (RFP) and/or Request for Qualifications (RFQ) that clearly define the project scope and intent and identifies critical path schedule or administrative issues. We will negotiate the consultant’s scope of work, negotiate the right fee, prepare resultant professional services agreement, and prepare a staff report with consultant selection findings and recommendations for consideration by the City Council.

NAI is familiar with the City’s procurement process through PlanetBids. Once approved by the City, NAI can post the RFP online and monitor any questions that are submitted. NAI can also post any addenda that may be necessary during the procurement process.

Task 2.8. Project Status Coordination.

The NAI Team will provide biweekly project status updates to the City which provides a status of the project’s history and critical path project action items. We will be prepared to report on all project matters related to the budget, expected expenditures and delivery schedule.

Task 2.9. Prepare staff reports for City Council consideration.

When requested we will prepare the necessary staff reports to ensure the successful delivery of assigned capital projects.

Task 2.10. Grant Applications.

One quality that NAI provides above managing grant funded projects is the ability secure the regional, state, or federal funding. Besides CVAG's well known 75% project funding support for projects listed in the Transportation Project Prioritization Study (TPPS) report, there are numerous other grant opportunities that we will assist and manage in applying. Common transportation grant opportunities include: TBA Article 3 (SB821) Bicycle and Pedestrian Facilities through RCTC; Congestion Mitigation and Air Quality (CMAQ) through CVAG; Surface Transportation Funding (STP) through RCTC; Highway Safety Improvement Program (HSIP) through Caltrans, Active Transportation Program (ATP) through CTC, Highway Bridge Program (HBP) through Caltrans; State Transportation Improvement Program (STIP) through CTC.

As grant opportunities arise, we will work with the City in drafting the language in the application. We will prepare all the information necessary for a successful application.

Task 2.11. 5 Year Capital Improvement Program Updates.

NAI will assist the City in developing their annual Capital Improvement Program. Every year City staff must provide a CIP to City Council for approval in the budget for that fiscal year. The CIP identifies how public works projects will be funded for that fiscal year and into the future. The development of the CIP begins with identifying the full list of projects necessary to fully realize the General Plan. Then, using appropriate planning documents, these projects must be prioritized based on need and funds available.

The projects will be funded by a mix of local funds such as the Developer Impact Fees, Gas Tax, and Measure A; along with funds from other agencies such as State, Federal, CVAG, and neighboring agencies.

Task 2.12. Project Management and Control System.

NAI utilizes a very basic but streamlined project administration and control system. First and foremost, our team utilizes a cloud-based server system through Microsoft OneDrive. This advanced technique allows our team to access project information and data anywhere with an internet connection. We protect

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22 our data through two-factor authentication for each login. This technique allows us to access our NAI servers while serving office hours in the City, if requested, which streamlines our ability to pull in all the resources in our Organizational Chart while staffing only one person at the City.

We track project history, deliverables, and action items with Microsoft Excel. This allows us to quickly update pertinent project information for minimal cost and very little training. To supplement the Project Status Sheets, we use Microsoft Project to track both a master schedule of all projects and a detailed schedule of individual projects.

By using Excel and Project, we ensure all of our clients have the same project administration and control system tools to take over project delivery at any point. This approach fits with our vision of integrating seamlessly into our client support.

We have been successfully delivering capital projects to our municipal clients for 27 years with this management system, and we encourage you to reach out to our municipal references. However, if the City desires more elaborate tools like Basecamp, Trackit, Asana, or Slack, we will be happy to discuss.

Task 3 Grant Administration Services
Task 3.1. Agency Coordination.

Throughout the contract period, NAI will work closely with the Riverside County Transportation Commission (RCTC), the California Department of Transportation (Caltrans), and the California Transportation Commission (CTC) to ensure the City’s State and Federally funded projects are processed correctly.

Through RCTC, NAI will update the FTIP with appropriate project changes; provide a general City update to RCTC every two years; provide a list of projects to be included in the Regional Transportation Plan (RTP); and provide any funding, invoice, or other project related update request by RCTC.

In coordinating with the Caltrans Department of Local Assistance, NAI will document submittals, meeting requests, and maintaining an open communication channel. We will often contact Caltrans Local Assistance when preparing a document to discuss their initial feedback and to inform them of the pending submittal. If any comments are received, we are quick to correct the documents and return them to Caltrans so that our projects remain first in line.

For state funded projects, we will coordinate with the CTC to ensure correct and on-time submittals. In coordinating with the CTC, we work with both Caltrans and RCTC to ensure all project details are correctly outlined.

Task 3.2. Assist with Consultant Selection for Federally Funded Projects.

NAI will coordinate with the City to identify the services required for each contract. Whether planning, environmental, design, right of way, or construction management, NAI will develop the scope of work programs to include in a Request for Proposals (RFP). In addition, NAI will prepare an Independent Cost Estimate to use during negotiations. NAI will use this estimate to determine the Disadvantaged Business Enterprise (DBE) goal for the RFP.

In accordance with Chapter 10 – Consultant Selection of the LAPM, NAI will prepare the RFP to select the most qualified firm for the services required. This will include reviewing the City’s standard RFP and adding any federal language necessary. NAI will also review the City’s standard Professional Services Agreement and add any additional federal aid clauses that are required. The federal requirements update frequently, so it is imperative to always check the LAPM for updates before issuing an RFP.

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23 NAI will coordinate with the City’s Consultant Selection Committee to ensure everyone has signed the Conflict-of-Interest Statements and is using the appropriate evaluation forms. As part of the Consultant Selection Committee, NAI will evaluate the submitted proposals and rank the consultants based on the evaluation form. NAI will review the scope and fee of the top ranked consultant and negotiate a fair and equitable price for the City.

For Contracts with federal reimbursement over $1M, once NAI and the City have negotiated a final contract with the top ranked proposer, NAI will assist the prime consultant in compiling the necessary financial documents for submittal to Caltrans. NAI will prepare the 10-C Form for Caltrans review and approval before the City can execute the final agreement. This task will include compiling any additional information or forms necessary for the complete submittal.

Task 3.3. Review PES and Environmental Technical Studies.

Transportation projects using federal funds must meet the requirements of the National Environmental Policy Act (NEPA) in addition to CEQA. The NEPA document must be accepted by Caltrans as part of their stewardship agreement with FHWA. As such, the City must submit a Preliminary Environmental Study (PES) to Caltrans that outlines the environmental setting for the project.

As necessary, we will provide assistance in reviewing the PES form and any technical studies that may be required. We have thorough experience managing projects through the NEPA process and will provide invaluable experience on how to scope the environmental setting in the PES to avoid unnecessary and costly technical studies. We will also review technical studies to ensure the study is scoped properly to avoid unnecessary mitigation measures. Our reviews will follow the guidelines outlined in LAPM Chapter 6, "Environmental Procedures", and the Caltrans Standard Environmental Reference (SER).

Task 3.4. Review/Draft PS&E Certification.

Prior to bidding out any federally funded project the City must certify that the PS&E is prepared in accordance with all applicable local, state, and federal standards. Depending on the type of construction, whether or not the project is on the National Highway System (NHS), and the size of the project, Caltrans may or may not specify what design standards to use per LAPM Chapter 11, "Design Standards". This PS&E Certification also includes a checklist of federal contract language that must be included in the project specifications.

We will work with the consultant from the beginning of a design project to ensure proper design standards are used, and we will review existing PS&E documents to ensure all items in the PS&E Certifications are completed adequately. This may include securing any design exceptions or public interest findings as needed. The PS&E Certification will be completed in accordance with the guidelines outlined in LAPM Chapter 12, "Plans, Specifications, and Estimate".

Task 3.5. Prepare City Boilerplate Specifications with State and Federal Provisions.

Project Specifications for State and federal aid projects must include additional provisions, including establishing DBE goals, and bidder forms for the bid to remain eligible for federal reimbursement. NAI will work with the currently adopted standard specifications for the City to include the additional provisions and forms.

The additional clauses can either be inserted into the general specifications section or we can create a new section titled "Special Federal Specifications". All language will be added in accordance with LAPM Chapter 12, "Plans, Specifications, and Estimate".

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24 Task 3.6. Review/Draft Utility Agreements.

For State or Federally funded transportation projects, the City must determine who is fiscally responsible for the utility relocation or adjustment and have a utility agreement defining the roles of each agency. If the utility is responsible for adjusting their facilities (City has prior rights) then a simple utility agreement is adequate. If the City is responsible for adjusting the facility (utility has prior rights) then a Caltransspecific utility agreement is required along with Specific Authorization from FHWA for the relocation to be eligible for federal reimbursement.

Depending on the complexity of the project, we will either support the project by drafting utility agreements or we will review utility agreements prepared by others for conformance with Caltrans procedures. Utility agreements must be executed prior to receiving ROW Certification. All utility agreements will be prepared per the guidelines outlined in LAPM Chapter 14, "Utility Relocations".

Task 3.7. Review/Draft ROW Certification.

Before any federal project can begin the construction phase, the City must certify that it has secured all property rights and easements to all properties being accessed. This Right-of-Way (ROW) Certification is then submitted to Caltrans for review and approval. The ROW Certification could include full acquisitions with relocation assistance, possession and use agreements, temporary construction easements, and/or utility agreements among other items.

Depending on the complexity of the project, we will either support the project by drafting the ROW Certifications or we will review ROW Certifications prepared by others for conformance with Caltrans procedures. All ROW Certifications will be prepared per the guidelines outlined in LAPM Chapter 13, "Right of Way".

Task 3.8. Assist with Bidding Procedures and Provide Construction Support.

For federally funded projects, we understand the challenges that cities face once the authorization to proceed with construction (E-76) is received. Before construction begins, we will sit down with the City and outline all federal construction requirements. We will assist the City in establishing bid advertising procedures as required, attending any pre-bid meetings, reviewing bid documents for federal compliance, preparing bid summary sheets, reviewing DBE goals and good faith efforts, and submitting the award package to Caltrans. During construction we will manage the construction management team by reviewing subcontractor request forms, labor compliance, progress payments, and contract change orders. We will ensure that the City complies with all guidelines outlined in LAPM Chapter 15, "Advertise and Award Project", Chapter 16, "Administer Construction Contracts", and the Caltrans Construction Manual as needed.

Task 3.9. Prepare and Submit Request for Federal Project Number.

A federal project number is required for all federally funded projects. Before we can submit any documents for Caltrans approval, we will need to apply for a federal project number. The request for federal project number will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". A field review form performed in accordance with LAPM Chapter 7, "Field Review", must be included with the request for federal project number.

Task 3.10. Prepare and Submit Request for Allocation (State Funded Projects).

A request for funding allocation is required for all state funded phases of a project. Typical phases of a capital improvement project subject to state funding include the Project Approval and Environmental Document (PA&ED) Phase; the Plans, Specifications, and Estimate (PS&E) Phase, the Right-of-Way (ROW) Phase, and the Construction (CON) Phase. Allocation is required prior to performing any reimbursable work beginning with the date that the CTC meets to approve the allocation. The request for

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25 allocations will follow the currently adopted guidelines established in the LAPG for each particular state funding source.

Task 3.11. Prepare and Submit RFA for Federally Funded Projects.

The request for authorization (RFA) is required for all federally funded phases of a project. Typical phases of a capital improvement project subject to federal funding include Preliminary Engineering (PE), ROW, Utility Relocations, and CON. Authorization is required prior to beginning any reimbursable work beginning with the date that the FHWA representative signs the project authorization document (E-76).

The RFA will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". Each RFA requires differing levels of project information. We will work closely with the City to ensure proper documentation is provided.

Task 3.12. Assist with Project Funding Cost Adjustments.

Throughout the life of a capital improvement project, the funding may need to be adjusted. This could occur if the project has cost overruns and requires additional funding from the grant administrator, or if the project needs to adjust funds within a specific phase of work, i.e. from Construction Engineering to the Construction Contract. We will prepare the finance letter and other appropriate documentation required for the cost adjustments, including any backup documentation required.

Task 3.13. Assist with State and Federal Project Invoicing.

Throughout the project, any state or federally funded phase requires diligent project invoicing. We will work hard to make sure that the City receives the programmed reimbursement in a timely manner.

Caltrans reimbursement requests must be submitted at least once every six (6) months, but not more frequently than once per month. Submitted invoices will follow the procedures outlined in LAPM Chapter 5, "Invoicing". We will maintain a log of all invoices paid on the project to contractors and consultants for quick reference when preparing the request for reimbursement. We will prepare the invoice backup and tracking log and bring it to the City for signature prior to mailing to Caltrans. We will quickly respond to any Caltrans comment and keep the City informed of all progress.

Task 3.14. Prepare and Submit Final Report of Expenditures.

Upon project completion, NAI will prepare and submit the Final Report of Expenditures for federal aid projects. We will work with the City to ensure the material certification is filled out properly, noting any exceptions. We will compile the contract change order summary, final detail estimate, and final inspection form. We will ensure the contractor submits final DBE paperwork prior to issuing the Notice of Completion to include in the Final Report of Expenditures. A successful project closeout is contingent upon following proper federal procedures throughout the life of the project, and we will be there every step of the way.

Task 4 Other Civil Engineering-Related Services
Task 4.1. Plan Checking
The NAI team is experienced in reviewing plans and documents for improvements within the City’s right of way, commercial developments, golf course projects, and subdivision improvements for conformance with local and applicable ordinances and standards. In general, plan checking will include the following:
 Check the design for conformance to:
o The Tentative Map
o Related Specific Plans
o General Plan Requirements
o City Ordinances

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26 o Site Development Plan
o Conditions of Approval
o City and applicable standards
o The City’s approved checklist
o Other Agencies' recommendations, such as RCFC, CVWD, and Caltrans  Check for the accuracy of the design in conformance with the City’s most current Plan Check List.
 Check general mathematics and design criteria.
 Call out for redesign of any portion of the plans that:
o Will not function.
o Is inconsistent with the approved Conditions of Approval or the Tentative Map o Will be potentially unsafe to the public.
o Is impractical to construct.

Water and sewer plans are checked by and processed through the appropriate water agencies. However, we will review these plans as needed should they affect other improvements under our review, i.e., storm drain improvements.

All plans will be reviewed under the direct supervision of the designated Project Manager. A Registered Civil Engineer will be responsible for reviewing the overall design concept and any complex design features. All meetings with City Staff will be conducted by the Project Manager.

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for further
inquiries
68-955 Adelina Road
Cathedral City, CA 92234
(760) 323-5344
www.naiconsulting.com

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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Civil Engineering Services
Cost Proposal
68-955 Adelina Road
Cathedral City, CA 92234
(760) 323-5344
www.naiconsulting.com

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The consultant is to submit a detailed cost proposal for all services and materials anticipated in completing the scope of services.

Cost proposals shall include hourly billing rates per classification of all personnel, each task, and/or subtask.

Any proposed direct costs, travel, and/or mark-ups of outside services and sub-consultant work shall be described in the cost proposal. The City is limiting the markup of outside direct costs/services and sub consultant work on this on-call agreement to a maximum of 10%.

Any proposed rate increases over time will need to be clearly described. If there will be revised rate sheets for the year, the specific calendar date by when they will be provided (i.e. by January 15th each year)
The City’s budget for these on-call services is based on the fiscal year, which starts on July 1st and ends on June 30th each year. The current contract, expiring on June 30, has a $400k limit per fiscal year with an option to increase to $600k per year, but bidders should understand that the selected on-call consultants(s) will only bill for task orders authorized, and it may or may not total up to the full $600k in any given fiscal year.

Section B

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Compensation for Services
Date: 4/24/2024
Contract No.: Project No.: Particpation Amount:

Prime Consultant Subconsultant 2nd Tier Subconsultant
Combined Rate Combined ICR
Fringe Benefit: 0% + Administrative Costs 138% = 138%
Fee: = 10%
Job Title/ Name / Classification Actual or Avg. % or $
Straight OT (1.5x) OT(2x) From To Hourly Rate Increase
Principal Civil Engineer* 223.00 $ N/A N/A 1/1/2024 12/31/2024 $ 85.00 Not Applicable Principal Project Manager* 223.00 $ N/A N/A 1/1/2025 12/31/2025 0.0% - Joshua Nickerson $ N/A N/A 1/1/2026 12/31/2026 223.00 0.0% - Lorissa Gruehl $ N/A N/A 1/1/2027 12/31/2027 223.00 0.0% $ N/A N/A 1/1/2028 12/31/2028 223.00 0.0%
$ N/A N/A 1/1/2029 12/31/2029 223.00 0.0%
Project Manager VI* 196.00 $ N/A N/A 1/1/2024 12/31/2024 $ 75.00 $70.00 - $80.00 Senior Engineer VI* 196.00 $ N/A N/A 1/1/2025 12/31/2025 0.0% $ N/A N/A 1/1/2026 12/31/2026 196.00 0.0%
$ N/A N/A 1/1/2027 12/31/2027 196.00 0.0%
$ N/A N/A 1/1/2028 12/31/2028 196.00 0.0%
$ N/A N/A 1/1/2029 12/31/2029 196.00 0.0%
Project Manager V* 177.00 $ N/A N/A 1/1/2024 12/31/2024 $ 67.50 $65.00 - $70.00 Senior Engineer V* 177.00 $ N/A N/A 1/1/2025 12/31/2025 0.0% $ N/A N/A 1/1/2026 12/31/2026 177.00 0.0%
$ N/A N/A 1/1/2027 12/31/2027 177.00 0.0%
$ N/A N/A 1/1/2028 12/31/2028 177.00 0.0%
$ N/A N/A 1/1/2029 12/31/2029 177.00 0.0%
Project Manager IV* 164.00 $ N/A N/A 1/1/2024 12/31/2024 $ 62.50 $60.00 - $65.00 Senior Engineer IV* 164.00 $ N/A N/A 1/1/2025 12/31/2025 0.0% $ N/A N/A 1/1/2026 12/31/2026 164.00 0.0%
$ N/A N/A 1/1/2027 12/31/2027 164.00 0.0%
$ N/A N/A 1/1/2028 12/31/2028 164.00 0.0%
$ N/A N/A 1/1/2029 12/31/2029 164.00 0.0%
Project Manager III* 151.00 $ N/A N/A 1/1/2024 12/31/2024 $ 57.50 $55.00 - $60.00 Senior Engineer III* 151.00 $ N/A N/A 1/1/2025 12/31/2025 0.0% $ N/A N/A 1/1/2026 12/31/2026 151.00 0.0%
$ N/A N/A 1/1/2027 12/31/2027 151.00 0.0%
$ N/A N/A 1/1/2028 12/31/2028 151.00 0.0%
$ N/A N/A 1/1/2029 12/31/2029 151.00 0.0%

TBD TBD

BILLING INFORMATION CALCULATION INFORMATION
Hourly Range - for
Classifications
Hourly Billing Rates Effective Date of Hourly Rate
TBD

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Compensation for Services
Project Manager II* 137.00 $ N/A N/A 1/1/2024 12/31/2024 $ 52.50 $50.00 - $55.00 Senior Engineer II* 137.00 $ N/A N/A 1/1/2025 12/31/2025 0.0% $ N/A N/A 1/1/2026 12/31/2026 137.00 0.0%
$ N/A N/A 1/1/2027 12/31/2027 137.00 0.0%
$ N/A N/A 1/1/2028 12/31/2028 137.00 0.0%
$ N/A N/A 1/1/2029 12/31/2029 137.00 0.0%
Project Manager I* 132.00 $ N/A N/A 1/1/2024 12/31/2024 $ 50.48 $45.00 - $50.00 Senior Engineer I* 139.00 $ N/A N/A 1/1/2025 12/31/2025 5.0% $ N/A N/A 1/1/2026 12/31/2026 146.00 5.0%
$ N/A N/A 1/1/2027 12/31/2027 153.00 5.0%
$ N/A N/A 1/1/2028 12/31/2028 161.00 5.0%
$ N/A N/A 1/1/2029 12/31/2029 169.00 5.0%
Associate Project Manager II* 111.00 $ N/A N/A 1/1/2024 12/31/2024 $ 42.50 $40.00 - $45.00 Associated Engineer II* 117.00 $ N/A N/A 1/1/2025 12/31/2025 5.0% $ N/A N/A 1/1/2026 12/31/2026 123.00 5.0%
$ N/A N/A 1/1/2027 12/31/2027 129.00 5.0%
$ N/A N/A 1/1/2028 12/31/2028 135.00 5.0%
$ N/A N/A 1/1/2029 12/31/2029 142.00 5.0%
Associate Engineer I* 98.00 $ N/A N/A 1/1/2024 12/31/2024 $ 37.50 $35.00 - $40.00 Associate Project Manager I* 103.00 $ N/A N/A 1/1/2025 12/31/2025 5.0% $ N/A N/A 1/1/2026 12/31/2026 108.00 5.0%
$ N/A N/A 1/1/2027 12/31/2027 113.00 5.0%
$ N/A N/A 1/1/2028 12/31/2028 119.00 5.0%
$ N/A N/A 1/1/2029 12/31/2029 125.00 5.0%
Assistant Project Manager* 92.00 $ 138.00 $ 184.00 $ 1/1/2024 12/31/2024 $ 35.00 $30.00 - $35.00 Assistant Engineer 97.00 $ 145.50 $ 194.00 $ 1/1/2025 12/31/2025 5.0% $ 153.00 102.00 $ 204.00 $ 1/1/2026 12/31/2026 5.0%
$ 160.50 107.00 $ 214.00 $ 1/1/2027 12/31/2027 5.0%
$ 168.00 112.00 $ 224.00 $ 1/1/2028 12/31/2028 5.0%
$ 177.00 118.00 $ 236.00 $ 1/1/2029 12/31/2029 5.0%
Administrative Support 80.00 $ 120.00 $ 160.00 $ 1/1/2024 12/31/2024 $ 30.45 $25.00 - $30.00 $ 126.00 84.00 $ 168.00 $ 1/1/2025 12/31/2025 5.0%
$ 132.00 88.00 $ 176.00 $ 1/1/2026 12/31/2026 5.0%
$ 138.00 92.00 $ 184.00 $ 1/1/2027 12/31/2027 5.0%
$ 145.50 97.00 $ 194.00 $ 1/1/2028 12/31/2028 5.0%
$ 153.00 102.00 $ 204.00 $ 1/1/2029 12/31/2029 5.0%
Administrative Assistant 63.00 $ 94.50 $ 126.00 $ 1/1/2024 12/31/2024 $ 24.00 $20.00 - $25.00 $ 99.00 66.00 $ 132.00 $ 1/1/2025 12/31/2025 5.0%
$ 103.50 69.00 $ 138.00 $ 1/1/2026 12/31/2026 5.0%
$ 108.00 72.00 $ 144.00 $ 1/1/2027 12/31/2027 5.0%
$ 114.00 76.00 $ 152.00 $ 1/1/2028 12/31/2028 5.0%
$ 120.00 80.00 $ 160.00 $ 1/1/2029 12/31/2029 5.0%

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Compensation for Services
* Positions are exempt from Overtime Compensation
NOTES:

Date: 4/24/2024
Contract No.: TBD Project No.: TBD
Prime Consultant Subconsultant 2nd Tier Subconsultant
Quantity Unit Cost
List services the consultant is providing unter the proposed contract:

Description of Item
Postage*
Unit
Reprographics*
Travel > 50 Miles**
Permits / Fees*
Additional Insurance*
$ -
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4: $ -
Subconsultant 5:

1. Key Personnel must be marked with an (*) and employees that are subject to prevailing wage requirements must be marked with two (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing Rate= actual hourly rate*(1+ICR)* (1+Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost princpes for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classification only, enter the Average Hourly Rate for that classification. ** - Travel Less than 50 miles will not be billed. Travel over 50 miles will be billed at the federal standard milage rate. * Billed at Direct Cost
Project Management
Grant Administration
Professional Design Services

SCHEDULE OF OTHER DIRECT COST ITEMS
Total
At Actual
At Actual
At Actual
At Actual
At Actual
$ -
$ -
$ -

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Contact us
for further
inquiries
68-955 Adelina Road
Cathedral City, CA 92234
(760) 323-5344
www.naiconsulting.com

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ADDENDUM “1”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant 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.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services 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.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may 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

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• 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;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. 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 thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (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 Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. 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. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor 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 insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the 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 indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with 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

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endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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Addendum 2 – Federal Funds
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ADDENDUM “2"

FEDERAL FUNDS
Each Task Order using Federal Funds, shall include a copy of the latest approved federal requirements and wage rates at the time of the issuance of a Notice to Proceed for that task.

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Agreement with NV5, Inc.

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PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL CIVIL ENGINEERING SERVICES
BETWEEN THE CITY OF INDIO AND NV5, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 5th day ofJune 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and NV5, Inc., a California corporation, (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by issuance of request for qualifications, the performance of as-needed professional civil engineering services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

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

4. Pursuant to the Chapter 33 of the Indio Municipal Code, City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services and Schedule of Performance” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

SECTION 1. TERM OF AGREEMENT
(a) Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on Effective Date, unless otherwise extended by written agreement of the Parties. (b) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”

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(c) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by City Council.

SECTION 2. SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE (a) SCOPE OF SERVICES. Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and the City agrees to retain and does hereby retain Consultant for the Services.
(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 Section 21, “Default” 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 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $600,000/fiscal year, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be delivered to City at the address set forth in Section 24, “Notices” hereof. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority under Indio Municipal Code Section 33.116 (C)(2) without approval by the City Council.

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(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subconsultant contracts. Subconsultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
(e) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” 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 Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

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If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
(a) INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT. For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or subconsultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver, and shall cause its employees, agents, and subconsultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials includes all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 7. CONSULTANT’S BOOKS AND RECORDS.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or

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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, “Section 24,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, subconsultants 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 Contractor may have to any such rights.

SECTION 9. STANDARD OF PERFORMANCE.

Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general

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and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

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 at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City. 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.
(a) 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 certain “public works” and “maintenance” projects.

To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless form any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
(b) It is the understanding of City and Consultant that Prevailing Wage Laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

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