Indio City Council
June 19, 2024

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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

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over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” 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.

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(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “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

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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 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.

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SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City 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: NV5, Inc.

Attn: Mike Stys, Senior Vice President
42-829 Cook Street, Suite 104
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 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 LAND SURVEYING, MAPPING, & DRAFTING SERVICES BETWEEN THE CITY OF INDIO AND NV5, 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:

Mike Stys
Its: Senior Vice President

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

SCOPE OF SERVICES

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WORK PROPOSAL
Submitted by NV5, Inc.
42-829 Cook Street, Suite 104, Palm Desert, CA 92211
City of Indio
On-Call Professional Services for Land Surveying,
Mapping, and Drafting
May 9, 2024

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TABLE OF CONTENTS

1. Cover Letter 01

2. Statement of Qualifications 02
A. Project Personnel 02
B. Project Manager Qualifications 03
C. References 04
D. Subconsultants 06

3. Scope of Work 08

APPENDIX
Key Personnel Resumes A1
Table of Contents
SUCCESS...

For the past 75 years,
NV5 has provided
professional expertise to
public and private sector
agencies.

NV5 communicates with
our clients, and more
importantly, we listen.

As a result, our clients
trust us to provide the
integrated consulting and
management solutions
that enable their success
— regardless of project
size or complexity.

EXPERIENCE...

NV5’s team of
professionals offer the
essential Land Surveying,
Mapping, and Drafting
services to continue
supporting
the City.

We have the proven
expertise and the drive
to bring value to your
projects and help you
achieve your goals
and objectives.

COMMITMENT...

NV5 is confident our
expertise in providing
Land Surveying, Mapping,
and Drafting services
— combined with our
extensive knowledge
gained from working with
the City — makes us your
ideal partner.

With a strong local
presence, NV5 has a
personal commitment
to continuing our
exceptional partnership
with the City.

City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5

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COMPANY INFORMATION/CONTACT
Name: NV5, Inc.

Address: 42-829 Cook Street, Suite 104
Palm Desert, CA 92211
Telephone Number: (949) 585-0477 Email
of Contact: [email protected]
May 9, 2024
City of Indio
100 Civic Center Mall
Indio, CA 92201
SUBJECT: On-Call Professional Services for Land Surveying, Mapping, and Drafting Dear Members of the Selection Committee,
The City of Indio is seeking qualified consultants to perform as-needed professional services for land surveying, mapping, and drafting for capital improvement projects. NV5 has the technical knowledge and experience to deliver your projects in the most cost-efficient and cost-effective manner. Our strengths include the following:

Local Knowledge and Experience: We recognize that having local experience is critical to understanding and successfully delivering projects. We are dedicated to providing the City with the qualified and experienced staff necessary to successfully complete your projects safely, efficiently, and cost-effectively. We will bring our well-known “personal service” to the City — a proven willingness to exceed project needs and expectations, flexibility to rapidly deploy expert staff, and effective response to changing project demands. We operate with a sound understanding of your organizational structure, administrative processes, and the community you serve, and we are pleased to be considered to continue to provide services to the City. Specifically, NV5 is currently providing On-Call Surveying Services and has recently provided engineering design and surveying services for the City’s Parking Lot Designs project.

Relevant Experience: We have a proven track record of successfully providing On-Call Professional Services for Land Surveying, Mapping, and Drafting to municipalities throughout Southern California, most of which have been repeat clients. Our team is providing similar services to dozens of agencies, including:
•City of La Quinta
•City of Beaumont
•City of Indio
•City of Coachella
•City of Menifee
•City of Santa Clara
•City of Seal Beach
•City of Twenty Nine Palms
•City of Palm Desert
•City of Indian Wells
•City of Fontana
•City of Garden Grove
Project Manager; NV5 offers the City a team of dedicated professionals with proven capability and expertise. We are proposing Jay Fahrion, PLS, as Project Manager. Mr. Fahrion has over 43 years of surveying and mapping experience with 32 years in California. His experience includes boundary surveys, ALTA surveys, topographic surveys, construction staking, preparing and processing record of surveys, corner records and parcel maps. Mr. Fahrion will be responsible for the firm’s work, including 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.

Proposal Authorization and Validity: This proposal has been signed by Mike Stys, GISP, a company officer authorized to bind the firm. Mr. Stys can be reached by phone at 949.585.0477, or electronically at mike.stys@nv5. com.

Indio Standard Agreement: NV5 has reviewed the Indio Standard Agreement and does not have any exceptions.

NV5 looks forward to the opportunity to continue working with the County and help you achieve your goals and objectives. If you need further information, we may be reached by phone at 949.585.0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration.

Sincerely,
NV5
Jay Fahrion, PLS
Project Manager
Mike Stys, GISP
Senior Vice President
(Authorized Signer)

1. Cover Letter

Agreements for Professional Services to perform As-Needed Professional L... Page 526 of 1755 A. Project Personnel
Over the years, NV5 has achieved a reputation for a
high level of quality, integrity and responsiveness to
our clients. Because of this, we attract individuals who are excited by their work. Our employees bring a vast
amount of experience, commitment and enthusiasm to
each new project. Further, each of our employees has a
personal commitment to quality — just one reason why
80% of our work comes from repeat clients.

NV5 has assembled a team of highly qualified
professionals to meet your as-needed land surveying
mapping, and drafting needs. Team members have
been selected based upon their experience with the
scope of services and their availability. The staff
proposed for this contract represent just a sampling of the deep resources that we have available in-house.

By selecting NV5, the City will gain experienced,
knowledgeable specialists that you can trust. We will
place top priority on providing exceptional services,
completing surveys on time and using qualified
professionals who have a thorough understanding of
all guidelines and standards. This will assure continued quality and responsive service while maintaining
our effective working relationship with City staff and
stakeholder agencies.

The organization chart, pictured below, illustrates our project team members’ roles and responsibilities. Brief qualifications of the key personnel identified for this project are provided on the following pages.

2. STATEMENT OF QUALIFICATIONS

ORGANIZATIONAL CHART
Principal-in-Charge
Mike Stys, GISP Project Manager
Jay Fahrion, PLS
Senior Surveyor
Doug Boyle, PLS
QA/QC
Joel Paulson, PLS, GISP
GIS
Amy Storey, LEED AP

OFFICE LOCATIONS
NV5 will provide your
requested services
with our in-house
staff in Palm Desert.

Our experience,
local presence, and
commitment to the
City allows our team
to be even more
responsive to your
needs.

NV5 currently has 20
offices throughout
California with
almost half located
within Riverside, Orange and San Diego counties. We
also have established offices in the cities of Irvine, San Diego and Los Angeles.

FAMILIARITY WITH STANDARDS,

PROCEDURES AND REGULATIONS
NV5’s longevity in the southern California region
provides the City with a consultant who has worked
with local agencies such as the counties of Riverside
and San Bernardino and the cities of Rancho Mirage,
Coachella and La Quinta. NV5 is familiar with the County of Riverside, Coachella Valley Water District, Bureau of Land Management, Caltrans records and a multitude of
other surveying and engineering agencies that may have
information necessary for surveying projects.

POINT OF CONTACT
The team we have assembled will be led by Jay Fahrion,
PLS, who will be the project manager and main point of
contact. Jay has extensive experience in the Coachella
Valley providing professional surveying services. He will oversee the daily needs of your project, correspond with City personnel and stakeholders, attend meetings and
will manage the staff, schedule and budget.

STAFFING AND AVAILABILITY
All work performed for the City of Indio will be done
out of the Palm Desert office. NV5 typically manages
numerous projects with multiple priorities. We assess
the workload weekly to determine the appropriate
allocation of resources. With a combined staff of more
than 500 engineers, surveyors and support personnel in
our Southern California offices, we provide high-quality services throughout the area.

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KEY PERSONNEL QUALIFICATIONS
Joel Paulson, PLS, GISP - QA/QC Manager
Mr. Paulson is a Licensed Land Surveyor who has been working in the field of surveying and mapping for over 40 years. He has experience reviewing tract maps and parcel maps; reviewing land surveying aspects of tentative maps for conformance with City standards; reviewing of lot line adjustments/lot mergers, certificates of compliance, easement plat maps, legal descriptions, and closure calculations for technical accuracy; reviewing topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features, and developing legal descriptions and plat maps.

Availability: 30%
Douglas Boyle, PLS - Senior Surveyor
Mr. Boyle has 39 years of experience in almost all facets of the land surveying profession.

He has in-depth experience in office operations supporting mapping and field survey functions, including work for Final maps, Records of Survey and other land related exhibits/ records such as Lot Line Adjustments, ALTA Land Surveys and Legal Descriptions, inclusive of submittal, processing and agency approval and recordation. Mr. Boyle has experience in mapping and field support utilizing AutoCAD based CADD programming. Availability: 50% Amy Storey, LEED AP - GIS
Ms. Storey has been working as a Geographical Information Systems (GIS) Specialist in the NV5 GIS group for the past 21 years. She provides services that include geodatabase design, GIS web mapping and applications development, GIS analysis, data acquisition and conversion, project management through GIS MapBooks, as well as drafting and Civil3D experience. Ms. Storey has worked with multiple cities to develop and implement webbased GIS systems to make data available to multiple users from local or remote systems.

Availability: 30%
Detailed resumes for key personnel are included in the Appendix.

B&C. Project Manager Qualifications
Mr. Fahrion has over 46 years of surveying and mapping experience with 35 years in Coachella Valley. His experience includes right-of-way surveys and acquisitions, topographic surveys, and construction staking. His experience includes boundary surveys, ALTA surveys, topographic surveys, construction staking, preparing and processing record of surveys, corner records, and parcel maps.

Mr. Fahrion has managed teams providing on-call land surveying, mapping, and drafting engineering services throughout the Coachella Valley, including projects with the Cities of Desert Hot Springs, Beaumont, Coachella, La Quinta, Indio, and Indian Wells. His experience includes all aspects of land surveying and mapping. His duties also include daily assignment of field and office work, managing field and office personnel, proposal preparation and client development. Mr. Fahrion is responsible for the City of Indio’s current On-Call Surveying Services contract. Projects include topographic survey of the Indio Safety Campus and boundary survey and preparation of a Parcel Map at Dr. Carreon Boulevard. All services were completed as scheduled, and all information was provided to the City.

JAY FAHRION, PLS — PROJECT MANAGER

2. STATEMENT OF QUALIFICATIONS
Availability:
50%
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2. STATEMENT OF QUALIFICATIONS
NV5 is providing on-call services as requested by the
Public Works Department. Work requested included:
•Jefferson Street/Avenue 53 Roudabout:

Construction Staking
•Hwy. 111 APN 600-390-024: Boundary Survey,
Topographic Survey and ALTA Map
•SilverRock Park Venue Site: Construction Staking
• Washington Street @ Fred Waring Triple Left Turn:

Construction Staking
•Silverrock Way: Construction Staking
•Street Cross Sections on Monroe Street at Mountain
View Lane
•Topographic Survey of the La Quinta Library
•Construction Staking Services for the West Parking
Lot of La Quinta Library
On-Call Surveying Services (2016 - Present)
CITY OF LA QUINTA | LA QUINTA, CA
REFERENCE: Bryan McKinney, City Engineer, City of La Quinta Public Works E: [email protected] P: 760.777.7045
•Topographic Survey of the Art Park of the Desert at
Avenida Montezuma
•Construction Staking services for Fritz Burns Park
•Tie-out of existing monument at the Intersection of
Avenue 52 and Jefferson Street.
•Lot Line Adjustment for the General Telephone site
•Construction Staking Services for the pickle ball
courts at Fritz Burn Park
•UAV services for SilverRock Golf Course
•Legal Descriptions and Plats for All American Canal
through SilverRock development.
•Street cross sections for lot A Desert Club Tract Unit 1 All services were completed as scheduled, and all
information was provided to the City.

D. References
We believe that past experience is a key indicator of future succes. At NV5, we go out of our way to meet the increasingly complex needs of projects. NV5 has been providing on-call survey services to nearby cities for many years. We invite you to contact the references provided and view our relevant experience with similar work below.

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Agreements for Professional Services to perform As-Needed Professional L... Page 529 of 1755 NV5 is providing civil engineering services, under a multi-disciplinary on-call engineering services contract. Work has included providing professional on-call survey services since July 2002. Through this contract we have successfully completed the following projects:

Aerial Topography: Aerial topography of three city parks for the City of Coachella: Bagduma Park, De Oro Park, and La Colonia Park II). Managed the survey team that placed aerial targets for all of the sites and provided field surveying and mapping of the existing utilities and street cross sections for Frederick Street at Bagduma Park. Also prepared topographic maps, along with record boundary information for the client, prepared and processed plats and legal descriptions for the acquisition of additional right-of-way for Frederick Street.

Bagduma Park Expansion Phase 1 & 2: Services consisted of staking a new soccer fields with underground drainage system, parking lot and playground area along with the staking of the widening of Frederick Street. Plans were prepared by NV5 and an as-built survey was done at the completion of the project.

Grapefruit Blvd./Avenue 52 Grade Separation: Construction staking services for the Grade Separation, including all street improvements, underground and overhead utilities, bridge abutments, bridge deck and right-of-way lines.

Avenue 50 Bridge at Coachella Valley Storm Channel: Network control survey conducted to Caltrans standards along with aerial topography of the proposed site. NV5 staff provided a base map from record information along with network survey and aerial survey to the client.

Avenue 48 Widening: NV5 provided civil design and survey for the partial widening and striping of Avenue 48 between Jackson and Van Buren streets. Our designs included a new traffic signal designed for the intersection of Avenue 48 and Van Buren. The street widening occurred in multiple areas and included curb and gutter, sidewalks and street lighting. NV5 coordinated with the Imperial Irrigation District for electric pole relocations and street lighting design, and with the Coachella Valley Water District.

City of Coachella On-Call Services (2002 - 2019)
CITY OF COACHELLA | COACHELLA, CA
REFERENCE: Jonathan Hoy, Former City Engineer,
(E) [email protected] (P) 760.398.3502

2. STATEMENT OF QUALIFICATIONS
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Agreements for Professional Services to perform As-Needed Professional L... Page 530 of 1755 NV5 is providing a suite of on-call professional services to the City of Beaumont, including plan check, inspection, and survey services. Our on-call survey services include record of survey for property boundaries; developing new legal descriptions for property, easements, etc.; plotting legal descriptions for easements; investing legal description deficiencies/issues; lot line adjustments and parcel maps; peer reviewing survey work performed by others; and answering general legal description/survey related questions.

In addition, NV5 is also providing the following services as part of this contract:
•SWPPP Management
•Plan Checks
•Inspection
• Water Quality Reviews
•Geotechnical Review
•Structural Review
•Grading
•Permits
On-Call Inspection, Plan Check, Survey and Storm Water Management Services (2016 - Present)
CITY OF BEAUMONT | BEAUMONT, CA
REFERENCE: Jeff Hart, Public Works Director/City Engineer, City of Beaumont E: [email protected] P: 951.769.8520

2. STATEMENT OF QUALIFICATIONS
E. Subconsultants
NV5 will be performing all services with in-house staff, so no subconsultants are included on our team.

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Agreements for Professional Services to perform As-Needed Professional L... Page 531 of 1755 Additional Local Surveying Contracts
Surveying Services
COACHELLA VALLEY WATER AUTHORITY | COACHELLA, CA
NV5 staked 9.75 miles of 30-inch water line along
Highway 86 from Avenue 62 to Avenue 78 for a
Coachella Valley Water District (CVWD) transmission
pipeline construction contractor. We coordinated with
the District and prime contractor, progressing at 500
LF/day. The work was located in the shoulder of the
road, within Caltrans right of way. NV5 provided a full time survey crew to provide the staking.

Avenue 42 Construction Staking
Services
CITY OF INDIO | INDIO, CA
NV5 provided construction staking of Avenue 42 from
Clinton Street to Monroe Street. Our staking services
included removal lines, rough grade, edge of asphalt
and curb and gutter.

Warner Trail Street Improvements
CITY OF INDIAN WELLS | INDIAN WELLS, CA
Construction Staking Services for Warner Trail
between Miles Avenue and Fred Waring Drive. Services
included underground Utilities along with storm drain
improvements and lift station.

Mountain View Villas Phase II
CITY OF INDIAN WELLS | INDIAN WELLS, CA
Construction staking for channel lining project
which was required as part of the Mountain Villas
Phase II residential development located along the
Whitewater channel in Indian Wells near Hwy. 111
and Miles Avenue (45th). The city required the design
and construction of 900 lineal feet of concrete lining
improvements along the property frontage. The design
included plan and profiles, cut-off wall and weep hole
details, anchor and lap details, outlet structure details, and energy dissipaters.

Project Phoenix
CITY OF TWENTYNINE PALMS | TWENTYNINE PALMS, CA
NV5 is providing civil design and survey services for the downtown redevelopment project in Twentynine Palms
called Project Phoenix. The development plan includes
a multipurpose community center, a housing facility,
public parking lots, associated paseos, plaza, roadways, street improvements, sewer and water improvements,
utility undergrounding, landscaping and lighting
improvements.

Our scope of work includes providing aerial topography
using our Unmanned Aerial Vehicle (UAV), base
mapping, detailed cross sections, planning and
vision development, geotechnical investigation, utility coordination for undergrounding existing utilities, sewer design, wastewater treatment system, street design,
preliminary signal design, grading and paving design, as well as project management and coordination.

NV5 prepared a Tentative Parcel Map, prepared right-ofway legal documents, and provided construction staking services as part of this project.

2. STATEMENT OF QUALIFICATIONS
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EXPERIENCE WITH AS-NEEDED CONTRACTS
NV5 is a leader in providing as-needed engineering
and survey services to private and public agencies,
having performed as-needed services for more than 50
agencies throughout California for the past 30 years. We understand that capacity, clear communication, strong
project management skills and technical excellence are
the keys to efficient and effective as-needed contracts, and we will bring all of these skills to meet your needs.

We understand that flexibility and responsiveness
are critical in order to ramp up or down based upon
conditions (project size, economic, emergency, funding, organizational, etc.). Our firm is structured to provide staff on very short turnaround times to respond to
rapidly changing priorities and to meet the needs of our clients. NV5 has demonstrated through our as-needed
contracts that we are quick to respond with the correct team to solve any issue.

Our highest priority is exceeding your needs and goals, so we will strive to constantly provide you with topnotch customer service. NV5 is prepared to offer our professional staff to provide the following services to the City of Indio.

FIELD/BOUNDARY/NETWORK/TOPOGRAPHIC

SURVEYS
NV5 has years of experience establishing property
lines, right-of-way lines and network surveys throughout the Inland Empire and Coachella Valley. We possess
record information in our office from local agencies,
county surveyor maps, city and county tie sheets and
benchmarks, and Bureau of Land Management. NV5
has the experience to provide network surveys using
National Geodetic Surveys data and California State
Plane Coordinates Zone 6 (Nad 83) and NAVD88. We
will prepare and process Record of Survey maps or
Corner Records as necessary.

NV5 provides topographic surveys based on field data
of existing sites, streets or structures and prepares a base map showing existing topography and prominent
surface features along with record information of
existing utilities. We will provide information to the City in digital or various other electronic or print formats.

LEGAL DESCRIPTIONS, PLATS AND

RIGHT-OF-WAY MAPS
NV5 will prepare legal descriptions, plats and rightof-way maps from record or survey information or as researched from deeds, recorded maps or as-built
surveys. We will provide the finished product to the City in the form of a hard copy, wet signed and sealed, along with digital or print copies of the product.

PHOTOGRAMMETRIC SURVEYS
NV5 has established an in-house, qualified aerial
photogrammetry group to offer topographic and
orthophoto mapping services. Topographic maps can be
created for projects from any NV5 office.

Using manned or unmanned aircraft, NV5’s aerial group
can execute any sized project. The team has flown
1,000-acre projects for stereo mapping for topographic
surveys and 10,000-acre projects to produce LiDAR and
orthomosaic data.

NV5 uses the latest in multi-rotor and fixed wing
unmanned aircraft in addition to using sensors such
as the Riegl VUX1 LiDAR Scanner, high resolution
RGB cameras, FLIR long wave infrared (thermal) and
multispectral sensors.

We utilize an unmanned aircraft with the proven
reputation of safe and reliable operation, such as the
NV5’s in-house UAV services provide efficient cost effective aerial photography.

3. SCOPE OF WORK
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aircraft maintained, utilized and stored properly.

NV5’s wide reach across the nation promotes our
company’s ability to be quick and responsive to
urgent or emergency operations. While having the
capabilities to respond efficiently, NV5’s aerial remote sensing services provide quick data procurement and
processing while maintaining accurate deliverables at
an affordable price.

We offer a variety of mapping scales that range from
planning purposes all the way to design scale. We
can accommodate and customize your mapping and
imagery needs to that of your specific project. Having
our own aerial group saves the client money and time to complete this task.

CONSTRUCTION PROJECTS
NV5 is prepared to provide qualified survey parties for construction staking services as needed. NV5 staff uses Trimble Robotic equipment with TSE3 data collectors
with all staking data loaded on the collector. All
services provided by NV5 will be in accordance with the California Department of Transportation Survey Manual
where necessary. We also can provide as-built surveys
of all projects along with as-built plans for a project.

QUALITY ASSURANCE
NV5 is prepared to
provide survey crews
and office staff to
produce as-built
surveys and grading
certifications for City
projects. With the type
of equipment we have
for our field work, we
are able to provide a
single-member survey
crew to the field for
these tasks to save the City money, when appropriate.

NV5’s field and office staff’s peer review of survey data will be conducted as a quality check, when needed.

MONUMENT INSPECTIONS
NV5 is prepared to provide a single-member or
multiple-member survey crews to perform monument
inspections for final maps, parcel maps and other
situations, and will submit a written report to the City stating all monuments were set per the map or what
was not found.

GIS MAPPING SERVICES
Our GIS team is equipped with the most up-to-date
equipment and software that allows them to plan
and execute projects cost effectively. Field and office interaction is facilitated by the use of web mapping
applications and technology. Through the intelligent
electronic integration of these resources, we are able to consistently meet and exceed our clients’ needs.

MAPPING SERVICES
NV5 has experienced staff available on short notice
to prepare maps, plats, records of survey, and other
exhibits from record or survey information and electronic GIS files using AutoCAD/Civil 3D.

DRAFTING OF CIVIL PLANS
NV5 has experienced staff available to support the
City of Indio in providing drafting of civil plans. Our staff here in the Palm Desert office has prepared
street improvement plans, grading plans, water, sewer
and storm drain plans for other local agencies under
the supervision of a Licensed Civil Engineer or Land
Surveyor. NV5 uses the latest version of AutoCAD/Civil
3D and can provide these services on short notice.

OUR APPROACH
Based on the scope of work defined in the Request
for Qualifications and our many years of experience
providing as-needed surveying, NV5 has developed
a technical and professional approach to complete
the required as-needed surveying tasks. NV5 survey
professionals are seasoned experts in providing the
following tasks:
•Horizontal and Vertical Control Surveys
•Establishing and adjusting benchmarks and
survey monuments
•Performing design, aerial and topographic surveys
•Setting aerial targets and performing photo control
•Performing boundary surveys and boundary
analysis
•Providing centerline surveys and centerline ties
•Preparing corner records
•Preparing Records of Survey
•Developing legal descriptions, easements and
plat maps
•Reviewing and/or Preparing Subdivision Maps,
Tentative and Final maps
•Reviewing/Interpreting Title Reports, deeds and
descriptions

STATEMENT OF QUALIFICATIONS
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•Other survey-related tasks, as necessary
NV5 has developed very thorough procedures and
guidelines for completing requested work. We have
successfully delivered projects that were on time, within the agreed upon budgets and as expected. Based on
our experience and the proposed scope of work, we
present the following general workflow/approach to
delivering professional services as follows:

When NV5 receives a request for work, we thoroughly
review and document the work to be performed with
City staff. We will immediately begin a dialogue to
understand the specific requirements and usually
visit the project site to get a better understanding
of the specific requirements and unique challenges
given the work environment. NV5 staff will attend a
kickoff meeting to review project elements, deadlines
and deliverables. We will attempt to identify physical
constraints and issues such as access, right-of-way,
utilities and safety. From the start, we establish direct lines of communication between NV5’s project manager
and the City project manager to answer any questions
and to verify deliverables and schedule.

For each assignment, the NV5 project manager, with
input from the client, will develop a detailed scope of work to meet the specific project criteria. The project manager will consider, plan and document the approach
and include items such as methodology, equipment,
software, completion date with milestones, budget,
note-keeping, forms, digital mapping format, safety and security concerns, environmental issues, permits, rightof-entry, methods of access and travel and final product.

Before we perform the surveying, the requested work is
put into writing in the form of a QQTR (Quality, Quantity, Time, and Resources) Work Request. The staff that is
performing the work then has a chance to review the
written request with the project manager. By doing so,
staff can ask questions, review the budget, discuss
procedures and understand the deadlines.

As work progresses, the performing staff must review
their work and sign off in order to certify that they have reviewed the work and made any changes or editions.

When the survey field work is handed in to the office,
the team leader, or project manager must review
the work before it is converted into mapping data or
delivered to the client.

STATEMENT OF QUALIFICATIONS
As information is converted into mapping, the mapping
staff has the opportunity to review the field work. In
turn, any mapping created in the office is reviewed by
field staff — both in the office and also as a field review.

Legal descriptions and other data created in the office must be reviewed by another licensed professional.

Before delivery of all material, the team leader or
project manager reviews the work to make sure that it
has met or exceeded expectations.

Based on our experience and the proposed scope
of work, we present a general workflow/approach to
delivering professional services as shown below.

NV5 PM will review the Task Order, select the
right team to perform the work, and will
prepare a proposal that includes:
• Scope of Work
• Work Breakdown Structure
• List of Deliverables
• Assumptions and Exclusions
• Milestone Schedule
• Fee Estimate
NV5’s PM will acknowledge receipt of
Request for Work and proceed with
project execution
NV5 receives a Task Order from the City PM
The City PM will review NV5’s proposal,
accept and/or negotiate
Once NV5’s proposal is accepted, the City PM will
sign the Request for Work, attach NV5’s
proposal and return to NV5
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APPENDIX

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KEY PERSONNEL RESUMES
Project Experience
On-Call Surveying Services
CITY OF INDIO | INDIO, CA
Survey Manager. Mr. Fahrion is responsible for managing NV5’s On-Call Surveying Services as requested by the City’s Public Works Department. Projects included:
•Topographic Survey Indio Blvd. @ Jackson Overpass: Conducted topographic survey, based upon field survey showing one-foot contours and prominent surface features, to U.S. mapping standards, using a local benchmark for vertical control. Prepared base map showing topographic survey. NV5 will show existing property lines from existing record information from others. The base mapping will be done at 40 scale. Project was delivered on schedule and on budget.
•Topographic Survey IPAC Parking Lots Fargo Street: Conducted a topographic survey, based upon field survey showing one-foot contours and prominent surface features, to U.S. mapping standards, using a local benchmark for vertical control. Prepare base map showing topographic survey.

NV5 will show existing property lines from existing record information from others. The base mapping will be done at 40 scale. Project was delivered on schedule and on budget.
•Topographic Survey Lights at Indio Golf Course Club House: Conducted topographic survey, based upon aerial survey and supplemental field survey using local datum showing one-foot contours and prominent surface features including a digital ortho photo mapped at 1”= 40’ over all the proposed area to U.S. mapping standards. Conducted supplemental topographic field survey over the above-mentioned area as needed to locate features not visible from the aerial survey. Field located all visible utilities. Copies of all the existing asbuilt utility plans and mark out were be provided by the client. Prepared base map showing topographic survey along with record boundary information, existing easements and utilities. The provided a preliminary title report for this site. NV5 delivered digital and hard copies of the Base Map to the client.

Project was delivered on schedule and on budget.
•Lights at Indio Golf Course – Proposed Housing: Conducted topographic survey, based upon aerial survey and supplemental field survey using local datum showing one-foot contours and prominent surface features including a digital ortho photo mapped at 1”= 40’ over all the proposed area to U.S. mapping standards. Prepared a base map showing topographic survey along with record boundary information, existing easements and existing utilities.

Prepared a iteration of a conceptual site plan for review by the City. The plans

JAY FAHRION, PLS
Project Manager
Mr. Fahrion has over 46 years of surveying and mapping experience with 35 years in California. His experience includes boundary surveys, ALTA surveys, topographic surveys, construction staking, preparing and processing record of surveys, corner records and parcel maps. His duties also include daily assignment of field and office work, managing field and office personnel, proposal preparation and client development.

CONTACT INFO
[email protected]

EXPERIENCE
46 years

LICENSES/

CERTIFICATES
Professional Land Surveyor
(CA) No. 8207
AQMD PM-10 Certificate
American Congress on
Surveying and Mapping
course on various
surveying specialties
completed

AFFILIATIONS
California Land Surveyors
Association (CLSA)
APWA Coachella Valley
Chapter
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PAGE HEADER KEY PERSONNEL RESUMES
depicted both single family housing on the east side of the golf course and multi-family housing (8-plexes) in the portion of the property located along Avenue 42. We proposed an emergency access on the north side of the golf course. Project was delivered on schedule and on budget. •Supplemental Topography for Rancho Los Coyotes: Conducted supplemental topographic field survey over the above-mentioned area as requested by the client. NV5 located the existing improvements behind the fenced areas of each driveway, located points along the walls/fences at turns and major grade breaks and points for walkways that enter from the private properties. NV5 added the additional points to the existing CADD files provided by NAI and deliver to the client. Project was delivered on schedule and on budget. •Indio Public Safety Campus: Conducted Boundary Survey, Topographic Survey and Easement and Utility Mapping for the proposed Campus site. Prepared Parcel Map and set final monumentation. Project was delivered on schedule and on budget.

On-Call Construction Surveying Services
CITY OF LA QUINTA | LA QUINTA, CA
Survey Manager. Mr. Fahrion was responsible for this on-call contract to provide construction survey services on various projects throughout the City. All projects delivered on schedule and within budget. Representative projects include:
•Street Cross sections on Monroe Street at Mountain
View Lane
•Construction Staking Services for the West Parking
Lot of La Quinta Library
•Topographic Survey of the Art Park of the Desert at
Avenida Montezuma
•Construction Staking services for Fritz Burns Park
•Tie-out of existing monument at the Intersection of
Avenue 52 and Jefferson Street
•Topographic Survey of the La Quinta Library
•Lot Line Adjustment for the General Telephone site
•Construction Staking Services for the pickleball
courts at Fritz Burn Park
•UAV services for SilverRock Golf Course
•Legal Description and Plat for All American Canal
through SilverRock development
•Street cross sections for lot A Desert Club Tract Unit 1 Aerial Topography
CITY OF COACHELLA | COACHELLA, CA
Survey Manager. Managed of the aerial topography of three city parks for the City of Coachella: Bagduma Park, De Oro Park, and La Colonia Park II). Managed the survey team that placed aerial targets for all of the sites and provided field surveying and mapping of the existing utilities and street cross sections for Frederick Street at Bagduma Park.

Also prepared topographic maps, along with record boundary information for the client, prepared and processed plats and legal descriptions for the acquisition of additional right-of-way for Frederick Street.

Hacienda Avenue Spa Zone Street Improvements
CITY OF DESERT HOT SPRINGS | DESERT HOT SPRINGS, CA
Survey Manager. Mr. Fahrion is managing the survey services for the City’s Hacienda Avenue Spa Zone Street Improvements project. The improvement project extends from Tamar Drive to the city limits/Long Canyon Road. The purpose of the project is to provide pedestrian and bicycle safety infrastructure improvements. There are currently no bike lanes along this 1.9-mile segment of Hacienda Avenue. The project proposes to construct 10,341 feet of sidewalks, 9,450 square feet of safety medians, 42 ADA ramps, 8,528 feet of buffered bike lanes, 8,872 feet of standard Class II bike lanes, 99 streetlights, 17 crosswalks, and one intersection safety improvement. NV5’s scope of work includes utility coordination; topographic and right-of-way surveys and preparation of base maps, legal descriptions and plats; pavement investigation and recommendations; preparation of preliminary and final plans, specifications and estimates; environmental documentation; and bid and construction support.

City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | 2

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CONTACT INFO
[email protected]

EXPERIENCE
40 years

EDUCATION
M.A. Near Eastern
Studies/Egyptology
B.A. Near Eastern Studies/
Egyptology

LICENSES/

CERTIFICATES
Land Surveyor (CA)
No. 6637
GIS Professional (GISP)
No. 90366

AFFILIATIONS
Urban and Regional
Information Systems
Association (URISA)
California Land Surveyors
Association (CLSA)
Project Experience
As-Needed Surveying Services
CITY OF IMPERIAL BEACH | IMPERIAL BEACH, CA
Senior Surveyor. NV5 was contracted to provide as-needed surveying services, including design surveying, map checking, document preparation, monument installation and litigation support services. NV5 Licensed Surveyors provide map checking services to the city. NV5 staff reviews subdivision maps, parcel maps and corner records for technical accuracy and compliance with the Subdivision Map Act and Professional Land Surveyors Act. Additional services included property and roadway survey and mapping, easement plats and legal documents, survey map checking, miscellaneous design and construction staking, setting monuments and property corners, and preparing and filing Records of Survey.

GIS Maintenance and Expansion
MIRACOSTA COMMUNITY COLLEGE DISTRICT | OCEANSIDE AND ENCINITAS, CA GIS Manager and Surveyor. Mr. Paulson supervised the maintenance and expansion of a GIS for a community college district consisting of two campuses and a learning center, including utilities, boundaries, encumbrances, structures and topography. The GIS has been successfully utilized in planning for new construction, creating and maintaining as-built records, and assisting in maintenance scheduling.

GIS Infrastructure Database
GROSSMONT AND CUYAMACA COMMUNITY COLLEGE | EL CAJON, CA GIS Manager. Mr. Paulson supervised the collection of data from a variety of sources, including boundary, topographic, utility and other map layers from the district and consultants, as well as outside public sources, and the creation of a GIS incorporating the data. He worked with his staff to integrate utility data from mark-outs, potholes and other data collection methods into the GIS.

National City GIS System
CITY OF NATIONAL CITY | NATIONAL CITY, CA
Principal-in-Charge. NV5 worked with City staff to develop and implement a webbased GIS to make data available to multiple users from local or remote systems.

The GIS Database incorporated both City-developed and publicly available data to maximize resources in a cost-effective manner. The web-based GIS includes scheduling and maintenance tools for City field operations as well as development and planning tools for City office staff.

JOEL PAULSON, PLS, GISP
QA/QC Manager
Mr. Paulson is a Licensed Land Surveyor who has been working in the field of surveying and mapping for over 40 years. He has experience reviewing tract maps and parcel maps; reviewing land surveying aspects of tentative maps for conformance with City standards; reviewing of lot line adjustments/lot mergers, certificates of compliance, easement plat maps, legal descriptions, and closure calculations for technical accuracy; reviewing topographic surveys to determine locations and elevations of existing improvements, structures, and topographic features, and developing legal descriptions and plat maps.

KEY PERSONNEL RESUMES
City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | A-3

Agreements for Professional Services to perform As-Needed Professional L... Page 539 of 1755 Project Experience
On-Call Surveying & Mapping Services
CITY OF INDIO | INDIO, CA
Senior Surveyor. Mr. Boyle was responsible for this on-call contract to provide construction survey services on various projects throughout the City.

On-Call Construction Surveying Services
CITY OF LA QUINTA | LA QUINTA, CA
Senior Surveyor. Mr. Boyle was responsible for this on-call contract to provide construction survey services on various projects throughout the City. All projects have been delivered on schedule and within budget.

On-Call Construction Surveying Services
CITY OF LA QUINTA | LA QUINTA, CA
Senior Surveyor. Mr. Boyle was responsible for this on-call contract to provide construction survey services on various projects throughout the City.

Representative projects include:
•Street Cross sections on Monroe Street at Mountain View Lane •Topographic Survey of the La Quinta Library
•Construction Staking Services for the West Parking Lot of La Quinta Library •Topographic Survey of the Art Park of the Desert at Avenida Montezuma •Construction Staking services for Fritz Burns Park
Avenue 52/Grapefruit Boulevard Grade Separation
CITY OF COACHELLA | COACHELLA, CA
Senior Surveyor. Mr. Boyle was responsible for providing construction staking services for the Avenue 52/Grapefruit Boulevard Grade Separation. The scope of services includes control survey, staking of existing and future right-of-way, underground utilities, street improvements, and a bridge structure that spans over the existing Union Pacific Railroad.

Avenue 56 Drain Replacement
COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY | THERMAL, CA Senior Surveyor. Mr. Boyle was responsible for staking 10,560 feet of 18- to 24- inch irrigation drain line along the north side of Avenue 56 and 10,560 feet of 12- to 18-inch irrigation lateral to replace the existing irrigation lateral along the south side of Avenue 56. Conducted potholing survey for location of existing utilities and tie-in points for the contractor’s use before installing the irrigation drain line and irrigation lateral.

DOUGLAS BOYLE, PLS
Professional Land Surveyor
Mr. Boyle has 39 years of experience in almost all facets of the land surveying profession. He has in-depth experience in office operations supporting mapping and field survey functions, including work for Final maps, Records of Survey and other land related exhibits/records such as Lot Line Adjustments, ALTA Land Surveys and Legal Descriptions, inclusive of submittal, processing and agency approval and recordation. Mr. Boyle has experience in mapping and field support utilizing AutoCAD based CADD programming, as well as various other survey support programs and utilities for total station and GPS operations.

CONTACT INFO
[email protected]

EXPERIENCE
39 years

EDUCATION
A.A. Drafting Technology

LICENSES/

CERTIFICATES
Professional Land Surveyor
(CA) No. 8340

AFFILIATIONS
California Land Surveyors
Association (CSLA), Desert
Chapter, President

KEY PERSONNEL RESUMES
City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | A-4

Agreements for Professional Services to perform As-Needed Professional L... Page 540 of 1755

CONTACT INFO
[email protected]

EXPERIENCE
21 years

LICENSES/

CERTIFICATES
Certificate in Geographic
Information Systems
(GIS)
Certificate Esri, Deploying
and Managing a MultiUser
Database
Certificate Esri,
Implementing ArcGIS
Online
Certificate Introduction to
ArcGIS I & II, Esri Redlands
Campus
URISA Leadership
Academy Certificate
Certificate Floodplain
Boundary Standards
Training, FEMA
Certificate Mapping
Information Platform
Training, SP14
LEED Accredited
Professional
Project Experience
National City GIS System
CITY OF NATIONAL CITY | NATIONAL CITY, CA
Ms. Storey worked with City staff to develop and implement a web-based GIS to make data available to multiple users from local or remote systems. The GIS Database incorporated both City-developed and publicly available data to maximize resources in a cost-effective manner. The web-based GIS includes scheduling and maintenance tools for City field operations as well as development and planning tools.

MiraCosta Community College District Study of District Infrastructure & Survey of Boundaries
MIRACOSTA COLLEGE | OCEANSIDE AND ENCINITAS, CA
Ms. Storey as the Lead GIS analyst for the creation and implementation of a GIS system for the district infrastructure for a three-campus college including base mapping, topography, parcels, easements, structures, and utility networks. All GIS data is hosted on a cloud-based GIS system to allow for easy access to data, photos, documents, records, etc. Tasks included design and creation of District Geodatabase, Mapping applications; conversion of all survey and base map data into the GIS; incorporation of web GIS system and linkage via the web map to the document library of over 5,000 plans into the GIS; web map development and application development; training of District staff; and ongoing as-needed maintenance and updates to both the GIS and Document Management systems.

Survey Control Network and Record of Survey
CITY OF SAN MARCOS | SAN MARCOS, CA
NV5 was contracted to update the City of San Marcos’ Survey Control Network and file a Record of Survey. The City has a control network that is memorialized in Record of Survey Map No. 13928; however, the survey is out of date, and many of the original control monuments have been damaged or destroyed.

Cleveland National Forest Power Poles Replacement Project for Crux Subsurface/SDG&E
SDG&E | SAN DIEGO COUNTY, CA
Ms. Storey as the Lead GIS Analyst responsible for data management for over 19 electrical segments throughout the Cleveland National Forest. Poles, access roads and workspaces were collected in the field utilizing web maps and services created through ArcGIS Server and managed on a cloud portal. Ms. Storey’s tasks included setup up of ArcGIS Server, creating feature services and web maps for online and offline data collection and review, data processing of survey data, managing the data in a geodatabase, and creating MapBooks and shapefiles.

AMY STOREY, LEED AP
GIS
Ms. Storey has been working as a Geographical Information Systems (GIS) Specialist in the NV5 GIS group for the past 21 years. She provides services that include geodatabase design, GIS web mapping and applications development, GIS analysis, data acquisition and conversion, project management through GIS MapBooks, as well as drafting and Civil3D experience.

KEY PERSONNEL RESUMES
City Indio | On-Call Professional Services for Land Surveying, Mapping, and Drafting NV5 | A-5

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

Agreements for Professional Services to perform As-Needed Professional L... Page 542 of 1755

FEE PROPOSAL
Submitted by NV5, Inc.
42-829 Cook Street, Suite 104, Palm Desert, CA 92211
City of Indio
On-Call Professional Services for Land Surveying,
Mapping, and Drafting
May 9, 2024

Agreements for Professional Services to perform As-Needed Professional L... Page 543 of 1755 Technical Services
NV5, INC.

Desert Offices
2024 Prevailing Wage Charge Rates Schedule
City of Indio
Engineering Aide/Planning Aide ................................................................................. $62.00/hour Project Assistant..........................................................................................................$94.00/hour Project Administrator...................................................................................................$98.00/hour CADD Technician I.....................................................................................................$104.00/hour CADD Technician II....................................................................................................$125.00/hour CADD Technician III...................................................................................................$140.00/hour Senior CADD Technician/Designer...........................................................................$150.00/hour Professional
Junior Engineer/Planner/Surveyor...........................................................................$104.00/hour Assistant Engineer/Planner/Surveyor......................................................................$130.00/hour Associate Engineer/Planner/Surveyor.....................................................................$140.00/hour Senior Engineer/Planner...........................................................................................$166.00/hour Associate Project Manager...................................................................................... $176.00/hour Project Manager........................................................................................................$235.00/hour Associate....................................................................................................................$255.00/hour Entitlement Engineer/Planner..................................................................................$192.00/hour Principal .....................................................................................................................$295.00/hour Construction Management
Junior Field Engineer...................................................................................................$88.00/hour Assistant Field Engineer............................................................................................$109.00/hour Associate Field Engineer...........................................................................................$125.00/hour Senior Field Engineer................................................................................................$140.00/hour Construction Manager ..............................................................................................$256.00/hour Surveying
1-Person Field Crew ..................................................................................................$180.00/hour 2-Person Field Crew ..................................................................................................$300.00/hour 3-Person Field Crew ..................................................................................................$340.00/hour Senior Surveyor ........................................................................................................$155.00/hour Senior Survey Technician......................................................................................... $140.00/hour Survey Manager ........................................................................................................$210.00/hour Expenses:

Messenger/Deliveries .....................................................................................................$30.00/ea Mileage .............................................................................................................................$0.67mile Reproduction Charges:

Data files on computer disk..............................................................................................$5.00/ea

8.5 x 11 Copies .............................................................................................................$0.10/page Bond/Blue prints.........................................................................................................$3.50 / page Vellum Prints..................................................................................................................$9.00/page Mylar Prints................................................................................................................. $15.00/page Rates are effective through December 31, 2024 If contract assignment extends beyond that date, a new rate schedule will be added to the contract. Litigation support will be billed at $300.00 per hour.

Eff: 7.01.2024

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Addendum 1 - Insurance
Page | 1
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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Addendum 1 - Insurance
Page | 2
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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Addendum 1 - Insurance
Page | 3
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
Page | 1
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.

Agreements for Professional Services to perform As-Needed Professional L... Page 548 of 1755 ATTACHMENT 3
Agreement for Professional Services
with MSA Consulting, Inc.

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Page | 1

PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL LAND SURVEYING, MAPPING, & DRAFTING SERVICES BETWEEN THE CITY OF INDIO AND MSA CONSULTING, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of June 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and MSA 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 land surveying, mapping, & drafting 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

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and conditions, including compensation as set forth in Section 4 “Compensation and Method of Payment.”
(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 $250,000/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

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over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance” 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.

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(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “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

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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 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.

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SECTION 13. UNAUTHORIZED ALIENS.

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

SECTION 14. CONFLICTS OF INTEREST.
(a) Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City 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: MSA Consulting, Inc.

Attn: Luke R. Beverly, Vice President
34200 Bob Hope Drive
Rancho Mirage, CA 92270
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 LAND SURVEYING, MAPPING, & DRAFTING SERVICES BETWEEN THE CITY OF INDIO AND MSA 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:

Luke R. Beverly
Its: Vice President

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Exhibit A – Scope of Services
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EXHIBIT “A”

SCOPE OF SERVICES

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MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
(760) 320-9811
RFQ for On-Call Professional
Services for Land Surveying,
Mapping, and Drafting
Work Proposal
City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201

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TABLE OF CONTENTS

WORK PROPOSAL
Cover Letter 1
Cover Letter ....................................................................................................................................1 Statement of Qualifications 3
Firm Personnel............................................................................................................................3 Project Manager / Abilities..................................................................................................3 References......................................................................................................................................4 Sub-Consultant(s)......................................................................................................................6 Scope of Work 7
Work Objectives .........................................................................................................................7 Significant Scope of Work...................................................................................................8 Appendix
Resumes

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COVER LETTER

COVER LETTER
City of Indio
100 Civic Center Mall
Indio, CA 92201
Submitted via PlanetBids
Subject: Response to Request for Qualifications to Provide On-Call Professional Services for Land Surveying, Mapping and Drafting
MSA Consulting, Inc. (MSA) is pleased to submit our proposal to provide On-Call Professional Services for Land Surveying, Mapping and Drafting required to support various City projects as requested per the City of Indio’s Request for Qualifications. MSA understands that the various design and construction projects may include improvements in the City’s infrastructure,i.e. bridges, street improvements, alley improvements, etc., and other projects that require topographic and/or construction surveying on an as-needed basis. Applicable project administration, office calculations and supervision would be included in the requested services.

MSA’s submittal has been carefully prepared to be responsive to your request. Our firm offers the City of Indio a unique opportunity to continue to engage an established local company with the staff size, technical resources and experience required to meet the demands of the project(s).

MSA is now in our 48th year in the Coachella Valley. Our staff of 67 includes 7 stateregistered Land Surveyors and Civil Engineers. As the largest locally owned Land Surveying, Civil Engineering, and Land Planning firm, our work on your projects would ensure the City that any assignments would be handled promptly and professionally. We have the local in-house personnel and equipment to meet the demands of compressed time schedules, if required. The MSA Team will be further strengthened with the aerial photogrammetry services of our partner team member, Inland Aerial Surveys Inc. (SubConsultant).

Our team brings the following key benefits to the City of Indio:
 Contacts – MSA offers the City of Indio highly experienced licensed land surveyors and survey crews for assignments in both field and office environment.  Experience – MSA has completed over 3,000 projects of various sizes and scope.

The firm has been performing civil engineering and land surveying services in Riverside County since 1976, including extensive work on agency funded public improvements.
 Responsiveness and Costs – Our availability and office location will ensure the City of Indio that we can respond to project related issues promptly and our experience and state-of-the-art equipment will aid in effectively reducing time, thereby reducing costs. Our past experience in the City of Indio, including familiarity with City procedures, will be advantageous both in terms of cost and time savings.

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34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com  Technical Resources – MSA has an in-house staff of 67. Technicians support our Land Surveying and Civil Engineering staff with expertise in state-of-the-art software and equipment.

MSA recognizes the technical, administrative and managerial requirements associated with the City of Indio assignments. Our commitment to providing prompt and professional service is backed by well-trained personnel, advanced equipment and the office support required for successful projects.

This proposal has been prepared in compliance with the Request for Qualifications (RFQ) released April 11, 2024 and shall be valid for a period of 90 calendar days from the date of May 9, 2024. After reviewing the City’s Standard Agreement for Professional Services, provided in the RFQ, MSA finds the provisions of the Agreement acceptable and offers this proposal/qualification package to the City on behalf of MSA.

Luke R. Beverly, P.L.S., Vice President/Director of Survey and Mapping will serve as Project Manager/main point of contact for the City. Beyond his own expertise in public and private Lands Surveying, his long familiarity with the Valley, City projects and staff, he will draw upon the resources of other key MSA staff as well to continually provide responsive and thorough Surveying services to the City. Luke R. Beverly has the proper authority to sign contracts for MSA. Mr. Beverly’s contact information is below:

Luke R. Beverly, P.L.S., Vice President/Director of Survey and Mapping MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
760.320.9811
[email protected]
I, Luke R. Beverly, by my signature below, do hereby attest that all information submitted herein is true, accurate and complete to the best of my knowledge. Should you have any questions or require any further information please feel free to contact me.

Very truly yours,
Luke R. Beverly, P.L.S.

Vice President / Director of Survey and Mapping
MSA Consulting, Inc.

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STATEMENT OF QUALIFICATIONS

FIRM PERSONNEL
Staff Member Title General Experience/Description
Luke R. Beverly,
P.L.S.

Vice President / Director of Survey
and Mapping
Project Manager; Direct
Supervision of Survey Services;
Project Scheduling; Field Data
Julian A. De La
Torre, P.E. President
Technical and Contractual
Support; Senior Advisor;
Meetings
Doug Redlin,
P.L.S. Survey Manager
Senior Survey Manager;
Supervision of
Field Survey Services; Project
Scheduling
Owen Cabrera Survey Party Chief Survey Party Chief; Survey Staff Scheduling, Office Calculations
Arturo Espino Survey Project Manager Field and Office Survey; Legal Descriptions
Rene Espino Survey Technician I
Field and Office Survey; Legal
Descriptions
Matthew Kime Chief of Parties Party Chief; Office Calculations Cecil Aguirre Field Surveyor Field Survey/Technician
Anthony Lopez Field Surveyor Field Survey/Technician
Jesus HerreraCortes Senior Environmental Planner / GIS GIS; Environmental Michael Schreiber Utility Manager Utility Research; Cost Estimates; Utility Coordination
Joe Baiza Director of Production Services Design; Scheduling; Quality Control
CADD Designers CADD
CADD Technicians CADD
For a complete description of the entire MSA Team please visit our website at www.msaconsultinginc.com

PROJECT MANAGER / ABILITIES
The MSA Team would be led by Luke R. Beverly, P.L.S., Vice President / Director of Survey and Mapping, who would serve as the Project Manager and the City’s primary contact. He joined MSA Consulting, Inc. in 2014. Luke has earned his Professional Land Surveying license in the State of California with proficiencies in Leica GPS and Robotic Total Stations as well as AutoCAD. Mr. Beverly enhances MSA’s ability to help Agencies as well as private development Clients in identification of Land Surveying challenges and

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Luke R. Beverly, P.L.S., Vice President/Director of Survey and Mapping MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
760.320.9811
[email protected]
Mr. Beverly will work closely with the City to ensure that project requirements are satisfied and share in the day-to-day responsibilities in his respective fields of expertise. As a key leader at MSA, Mr. Beverly sets, observes, and re-evaluates project priorities frequently, conveying pertinent project information effectively and in a timely manner to the Client.

REFERENCES
The following similar projects performed by our Team serve as a sample of the expertise and success we can translate to your projects. Each of these projects was delivered to the Client on budget and in accordance with the required schedule. We encourage the City to contact our client references to confirm our Team’s performance.

As-Needed Survey Services | Cathedral City, California
In 2017, the City of Cathedral City entered into an agreement with MSA Consulting, Inc. to provide “As-Needed”, “On-Call” Survey and Construction Staking services for a variety of public works projects in the City. To date services have included field survey, monumentation, and filing of a County of Riverside corner record for the East Palm Canyon Drive and Canyon Plaza Drive intersection and survey of Ortega Road and Via DeAnza culminating in an AutoCAD file of completed information including centerlines, ROW, parcel lines, aerial mapping and survey points. In addition, to date, MSA has provided construction staking for various
projects including the Date Palm Drive and
Vista Chino intersection; De Anza storm drain
staking; Moreno and Ocotillo curb and gutter
and inlet staking; and curb and gutter staking on
Olancha Street.

Client Reference:

City of Cathedral City
John A Corella, P.E.

Director of Engineering/Public Works
(760) 323-8202
[email protected]
Project Start/End Date: June 2016 – Ongoing

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34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com On-Call Construction Survey Services | La Quinta, California In 2016, the City of La Quinta entered into an
agreement with MSA Consulting, Inc. to provide
“On-Call” Construction Staking services for a
variety of public works projects in the city. These
services included survey control, staking rough
and precise grading plans, retaining walls,
bridge structures, building foundations, water,
sewer, storm drain and irrigation lines, and tree
locations. In addition, MSA provided project
administration and office calculations to
accompany all on-site survey work performed. To date, MSA has provided these services for project including Adams Park retention basin path, Roudel Lane monumentations, Miles Ave. median island improvements, Desert Club Tract, and Hwy 111 sidewalk improvements.

Client Reference:

City of La Quinta
Ubaldo Ayon
Assistant Construction Manager
(760) 777-7051
[email protected]
Project Start/End Date: June 2016 – June 2019 and July 2023 – Ongoing CV Link | Palm Springs, Cathedral City, and La Quinta, California In association with Alta Planning + Design and Riverside County EDA, MSA is responsible for providing master planning, field survey, utility/right-of-way research services as well as facilitating public outreach. In addition, MSA provided all GIS mapping to the planning team including obtaining spatial data for preparing baseline exhibits that depict adjacent land ownership, key stakeholders, existing and proposed rights-of-way, easements, and other constraints to characterize alternative routes and assist in determining an optimal alignment.

This project highlights MSA’s ability to provide
a full range of survey, planning and mapping
services for large-scale, complex, high-profile
projects. It also showcases the knowledge and
resources of our GIS Department as well as the
working relationships we have established with
every city up and down the Coachella Valley.

Client Reference:

CVAG
Martin Magana
760-831-3215
[email protected]
Project Size: 160 Acres
Project Start/End Date: January 2013 – Ongoing

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SUB-CONSULTANT
INLAND AERIAL SURVEYS, INC.

Derek C. Hood, P.L.S.

President / Principal
Registrations / Credentials:

California Professional Land Surveyor #6799
Nevada Professional Land Surveyor #12461
California Community College Teaching Credential #251137 Subject: Architectural, Engineering and Related Technologies.

Certified Party Chief – International Union of the Operating Engineers 1998 – President of the California Land Surveyors Association, Riverside-San Bernardino Chapter.

Mr. Hood began his Land Surveying career in 1979. Past duties have included, but not limited to, managing the surveying and mapping departments for large Civil Engineering firms in the Inland Empire. Surveying services performed range from performing boundary establishment, control networks – established from conventional and GPS surveying techniques, Construction, Topographic mapping prepared from Aerial Photogrammetry, LIDAR and conventional Land Surveying techniques. He has worked on projects for both the public and private sectors.

In 2000, Mr. Hood became Principal and President of Inland Aerial Surveys, Inc. and during this time has been specializing in photogrammetry.

Mr. Hood holds a Community College Teaching Credential for the subjects of Architectural, Engineering and Related Technologies. He has also served as an instructor for the Southern California Surveyors Apprenticeship Committee. Classes instructed were on the Party Chief level ranging from coordinate geometry, land surveying practices, Aerial Photogrammetry and conventional topography, boundary establishment and public lands.

Mr. Hood also has experience as a Survey Party Chief, Mapping compiler (utilizing Analog, Analytical and Soft-Copy photogrammetric mapping equipment), as well as several hundred hours as an Aerial Camera Operator.

Mr. Hood with his diverse background in Land Surveying as well in Photogrammetry gives him a unique insight for any project.

Contact Information:
[email protected]

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SCOPE OF WORK

WORK OBJECTIVES

1.1. Field Surveys / Survey Control
Perform record map research and complete a boundary survey of the site(s); includes field surveys of control nets and lines, boundary lines, topography and existing facilities or structures.

1.2. Legal Descriptions / Plats / ROW Maps
▪ Prepare legal description(s) and exhibit(s) to dedicate street Right-of-Way (ROW). Once approved, submit signed and notarized grant deed for City council acceptance. City may or may not record themselves, if not MSA will record it as an accommodation.
▪ Prepare grant deed, preliminary change of ownership and tax transfer affidavit, obtain owner’s notarized signature, record at recorder’s office.

1.3. Photogrammetric Surveys
▪ Set targets and tie in control for aerial photogrammetry and/or drone imagery.
▫ Fly, photograph and map the site for production of topographic mapping at 1”=40’ scale and produce a base map with 1 ft. contour intervals in digital format.
▫ Using MSA drone, fly and photograph the subject site. Selected Sub-Consultant will process the drone imagery for production of topographic mapping at 1”=40’ scale and produce a base map with 1 ft. contour intervals in digital format.

1.4. Construction Staking
▪ Infrastructure Construction Staking: Survey Control for Grading Contractor, Rough Grade Staking, Sewer Staking, Water Staking, Storm Drain Staking, Curb Staking, Dry Utilities Staking, Perimeter Walls Staking, Building Layout Staking and, Site Walls and Fencing Staking. ▪ Vertical Construction Staking: Pad Re-Certification, Building Envelope Stakes, Form Certification, and Side Yard Wall Stakes.
▪ Re-Staking/Non-Contract Staking: Provide re-staking or non-contract staking services, as requested by the project superintendent (or authorized City representative).

1.5. Quality Assurance for Land Surveying
The Surveyor of Work shall be available during the length of the project(s) to address any questions or concerns which may arise.

1.6. Review and Recommendations for Parcel Maps / Final Subdivision Maps The Surveyor of Work shall review, suggest corrections, and make recommendations on Parcel Maps and Final Subdivision Maps prepared by others.

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1.7. Volume Calculations / Field Surveys
Provide supplemental field topos to aid in volume calculations and Final Design efforts.

1.8. Mapping Services / GIS Mapping
▪ GIS Base: Prepare AutoCAD files that meet Riverside County GIS database requirements. Transfer files to CDs and provide them to the County.
▪ GIS Mapping: GIS separation maps and GIS Interactive Web Maps. ▪ Drone Mapping: Drone mapping during construction phase.

1.9. Civil Plan Preparation
▪ Street Improvement Plans: Prepare Street Improvement Plans at a scale of 1”=40’. Improvements to include, but not limited to, a half street section (centerline to right of way) on the property frontage proper transitions to existing pavement; process through the City for approval. ▪ Demolition Plans: Prepare Demolition Plans; process through the City for approval.

1.10. As-Requested Additional Professional Services
▪ Preliminary Title Report/Easement Plotting: Review Preliminary Title Report and support documents and plot any existing easements and rights of way.
▪ Base Plan: Provide Base Plan, annotated with notes.
▪ Monumentation: Set front corner tags in curb. Set rear lot corner tags in rear walls. After final lift of street is in place, set centerline monuments per map, tie out to reference points in curb, prepare centerline tie sheets and submit to the City.
▪ Corner Record: Prepare and process a Corner Record.
▪ Record of Survey: Prepare and process a Record of Survey. City’s Client to sign Record of Survey County application form and provide County filing fee (500 initial deposit for Record of Survey with an approximate total review fee of $1,500).
▪ Office Calculations: Calculations as necessary to provide the field survey crews with data as needed for staking and supervision as required. ▪ Utility Research: Research and map the identified utilities affecting the property for use in identifying possible service connections and existing site design constraints. Tasks will include: perform utility research, prepare an existing utility base plan in AutoCAD format, and visit the site to field verify utilities.

SIGNIFICANT SCOPE OF WORK
MSA believes the following tasks are the most important Land Surveying services for the City:
▪ 1.1. Field Surveys / Survey Control
▪ 1.3. Photogrammetric Surveys
▪ 1.4. Construction Staking
▪ 1.10. As-Requested Additional Professional Services

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34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com MSA’s workplan/methodologies allow the services to be performed in a unique way that will benefit the City.

Upfront Communication:

At the start of each project, MSA will collaborate with the City to define the following:
▪ Common understanding of a project description
▪ Type and scope of special studies
▪ Appropriate project alternatives (if necessary)
▪ Cumulative analysis requirements (if necessary)
▪ Timing
Integrated Collaboration:

MSA is experienced at identifying potential impacts at the beginning of the project analysis and providing quality advice to address impacts up front and minimize problems later in the process. The company’s strengths lie in the diverse company-wide expertise and collective understanding of planning from both policy and physical standpoints. The project description can mitigate a majority of potential impacts when addressed early in the process.

Meetings and Hearings:

MSA, and its subconsultants as needed, will attend City project team meetings, Public agency meetings, Utility and private boards (HOA) or group discussions in the document preparation as well as scoping and pre bid consultation during the public bidding process.

Reimbursable Expenses:

Reimbursable expenses include all print reproduction requests as well as postage, certified mail and delivery charges for document distribution. These will be invoiced at cost.

Project Management Tools
The set of techniques and methodologies used by MSA to manage projects are governed by the high level of complexity and low error tolerance on representative projects. To make sure that scopes for every project are completed in a timely and professional manner, MSA’s project management will include the following processes.

Contract Administration
Each individual agreement is managed separately to ensure compliance with its specific requirements. Special attention is given to project milestones, confidentiality clauses, financial reporting, insurance, and other requirements unique to each entity.

Project Initiation
Project Manager heads a project team kick-off meeting at the City to include, at a minimum, communication protocol including frequency and location of project progress meetings; chain of command within both the agency and design teams; Preliminary Project schedule; Clarification of scope items and any expectations not expressed in the RFQ; known public and private concerns to be addressed; data collection from Agencies; identification of all permits required, and other items as applicable.

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A timeline is prepared to identify project milestones and setting a date for each package.

Microsoft Project software is used at project initiation and is updated as needed throughout the project. Tasks, resources, project interdependencies of events and tasks, and constraints are identified and updated as the project progresses. The resulting Gantt chart easily displays the critical path, project schedule and project status.

Resources
All resources are made available to get each job done, on time, and on budget. All necessary support needed to complete each task will be provided in-house or through sub consultants under MSA direction.

Coordination
Coordination with agencies and subconsultants necessary to properly design the project elements and create successful projects.

Public Notification and Involvement
When appropriate, notify and engage the public of the project, and continue communication throughout the project.

Quality Assurance/Quality Control
MSA has an established QA/QC program to ensure deliverables are complete, accurate and withstand internal peer review. This Program provides a strategy and framework for continuously improving performance across the full spectrum of services. MSA personnel consider it his/her responsibility to follow the procedures set forth in MSA’s Program, as well as using common sense and good judgment during all facets of work.

Documentation
MSA understands the ethical responsibility to approach any design or analyses with integrity and knowledge while striving to protect the public or private parties’ relevant interests. A pragmatic approach with reliance on technical studies and information is required to obtain complete and accurate project details. Attention to detail of every aspect of the project will be given to schedules, budgets, contract documents, permit requirements, project inspections, reports, journals, photo documentation, payroll verification, change orders, and every other aspect provided within the scopes of work.

Financial
Effectively works with project support staff to monitor and control managed projects to achieve financial targets. Team members will have the ability to effectively monitor the budget of each project using accounting software that will track the budget at a detailed task level. Project reports can be generated at any time to measure project performance against each individual project budget.

Mentoring
Mentors and coaches project team members and provides constructive feedback on team member performance.

Relationships
Maintains good relationships with City personnel, agency contacts, consultants, subconsultants, and project team members through continual communication and coordination.

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APPENDIX

Agreements for Professional Services to perform As-Needed Professional L... Page 577 of 1755 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com Luke R. Beverly, P.L.S.

VICE PRESIDENT / DIRECTOR OF SURVEY AND MAPPING
Mr. Beverly, joining MSA in 2014, has been a practicing surveyor for over 25 years. With primary emphasis on problem solving and customer satisfaction, he has a proven
performance within the construction and design fields with contributions in Land/Field Surveying including Boundary Surveys, Topographic Surveys and Construction Staking.

Varied project involvement includes the development of a tract from bare ground to finished product as well as major golf course construction and public works projects for multiple public agencies. Luke has earned his Professional Land
Surveying license in the State of California with proficiencies in Leica GPS and Robotic Total Stations as well as AutoCAD. His principal responsibilities consist of the preparation of Records of Survey, Corner Records, Legal Descriptions and Exhibits, and the necessary office calculations for use by the field crews for public works projects, subdivisions, commercial developments, their related improvements and the construction thereof. In 2022, Luke became one of the firm’s Vice Presidents and took over the lead position as Director of Survey and Mapping.

WORK EXPERIENCE
City of Cathedral City On-Call Survey; Cathedral City, CA – Senior Surveyor Senior Surveyor for the survey services related to various construction survey projects in the City of Cathedral City.

Projects included, but were not limited to, construction survey for the intersection of East Palm Canyon Drive and Canyon Plaza Drive; Date Palm Drive and Vista Chino; DeAnza Storm Drain; Avenue 30 and Date Palm; Corregidor Drive; and Chia Place ramp staking to CV Link.

City of La Quinta On-Call Survey; La Quinta, CA – Senior Surveyor In responsible charge of On-Call Survey Services on behalf of the City of La Quinta. Specific projects have included, but are not limited to, Highway 111 Sidewalk Improvements from Adams St to La Quinta Drive; Cove Trailhead and Restroom project; Dune Palms Road Widening; Eisenhower Drainage Basin; and, Avenue 52 Pavement Rehabilitation.

Date Palm Widening I-10 to Varner; Cathedral City, CA – Senior Surveyor Senior Surveyor for the construction survey services related to the widening of Date Palm Drive north of Interstate 10 to Varner Road. Services included survey control, demolition and removal limits, rough grade stakes, edge of pavement stakes, guard rail stakes, and monumentation.

REFERENCES
• Roya Golchoobian, P.E., Senior Associate, T.Y. Lin International, (619) 692-1920, [email protected] • Leonard St. Sauver, Construction Project Coordinator, City of Coachella, (442) 307-4947, [email protected]

EDUCATION
▪ Degree - School; City, State

REGISTRATIONS
▪ License Number

YEARS WITH FIRM
▪ __ years

YEARS IN FIELD
▪ __ years

AFFILIATIONS
▪ Agencies, Clubs, Etc.

EDUCATION
▪ Bioengineering - University of
California San Diego; San Diego, CA
▪ General Studies - San Diego City
College; San Diego, CA
▪ Multiple Land Surveying Courses

REGISTRATIONS
▪ Professional Land Surveyor, CA
#8223

AFFILIATIONS
▪ President of the California Land
Surveyors Association, Desert
Chapter

YEARS WITH FIRM
▪ 9 years

YEARS IN FIELD
▪ 26 years

Agreements for Professional Services to perform As-Needed Professional L... Page 578 of 1755 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com Douglas E. Redlin, P.L.S.

SURVEY MANAGER
As Survey Manager for MSA Consulting, Inc., Mr. Redlin has a total of over 30 years of surveying and mapping experience, performing everything from the preparation of Final Maps, A.L.T.A. surveys and Records of Survey to field surveying and construction staking. Mr. Redlin is extremely proficient with Leica GNSS and Robotic Total Stations, as well as with
AutoCAD/Land Desktop, Eagle Point, Civil 3D and Leica GeoOffice software. Currently he supervises the field survey crews for both public agencies and private industry clients. He has a strong technical background for both field operations as well as office operations. Mr. Redlin is past president of the Desert Chapter of the California Land Surveyors Association.

WORK EXPERIENCE
Monterey Avenue at I-10 Ramp Modification – Palm Desert, CA – Field Survey Manager
The project included realigning the westbound off ramp to Varner Road and the construction of a new loop on ramp from northbound Monterey Avenue to westbound I-10. All Caltrans and federal policies and procedures were adhered to.

Services included, but were not limited to, staking for the construction of slopes and subgrades, drainage systems, retaining, sound and tieback walls, roadway sections and curb, curb returns, signal poles, other utilities and other appurtenances as required for the Ramp modifications.

On-Call Survey Services – City of Cathedral City, CA – Field Survey Manager Survey services provided on an “as-needed” basis including construction stakes, monument times and replacement, corner record preparation, administration, office calculations and supervision, and other ancillary surveying services for various projects in the city.

Interstate 10/Date Palm Interchange Reconstruction – Cathedral City, CA – Field Survey Manager Responsible for Caltrans compliant, construction staking services for the construction of sub-grades and rough grading, drainage systems, bridge abutments and bents, retaining walls, curb & gutters, signal poles, other utilities and for monitoring settlement and other appurtenances required for completion of the reconstruction and improvements of the Date Palm Drive Interchange on Interstate 10.

Cathedral Canyon Bridge at Whitewater Channel – Cathedral City, CA – Field Survey Manager The project included building a bridge on Cathedral Canyon Drive over the Whitewater Channel and constructing channel lining and slope protection. All Coachella Valley Water District (CVWD), Caltrans, city, state and federal policies and procedures were adhered to. Services included, but were not limited to, construction support and layout for the construction of slopes and subgrades, concrete channel lining and slope protection, drainage systems, retaining walls, roadway sections curb and gutter, relocated utilities and other appurtenances as required for the bridge and slope protection.

REFERENCES
• John Buckley, Senior Bridge Construction Engineer, TY Lin, (909) 912-6900, [email protected] • Ron Moreno, Senior Civil Engineer, City of Temecula, (951) 694-6400

EDUCATION
▪ A.A. Civil Engineering and
Architectural Drafting – Lake Area
Vocational Institute; Watertown, SD

REGISTRATIONS
▪ Professional Land Surveyor, CA
#7964
▪ Professional Land Surveyor, SD
#6701
▪ Professional Land Surveyor, OR
#101154

YEARS WITH FIRM
▪ 20 years

YEARS IN FIELD
▪ 30 years

CERTIFICATIONS
▪ State Plane Co-Ordinates, Lotted
Sections, Surveyor and Property Law,
Global Positioning Systems,
Astronomical Observations, and
Subdivision Map Act

Agreements for Professional Services to perform As-Needed Professional L... Page 579 of 1755 34200 Bob Hope Drive, Rancho Mirage, CA 92270 | 760.320.9811 | msaconsultinginc.com Arturo Espino, LSIT / CST III

SURVEY PROJECT MANAGER
Mr. Espino joined MSA in 1999 and has over 24 years of Land Surveying experience. He has demonstrated and applied a broad range of analytical survey skills to compile right-of-way projects consistently according to survey standards. Mr.

Espino earned his Land Surveyor-in-Training certificate in 2020, furthering his education and expanding his knowledge in the survey field. His principal responsibilities consist of the preparation of ALTA Surveys, Subdivision Maps,
Condominium Plans, Boundary research, Legal Descriptions and Exhibits, and coordinating with public and private
agencies. Along with his technical certifications, Arturo is proficient in AutoCAD, Civil 3D, Smart Draft, and Microsoft Office applications.

WORK EXPERIENCE
CV Link – Multiple Desert Cities in Coachella Valley, CA – Senior Survey Technician Preparation of Legals and Exhibits for CV Link throughout the Coachella Valley. CV Link is an access route for pedestrians, bicyclists, and low-speed electric vehicles on a dual pathway that spans over forty miles. Right-of-way research included coordination with the in-house GIS team to research and prepare exhibits for all levels of the project, showing landowners and stakeholders along the proposed alignments and routing paths. This included identifying areas where existing or proposed right-of-way or easement constraints existed and coordinating with the public agencies and private landowners to develop a solution to implement the regional trails.

Ramon Road Widening – Palm Springs, CA – Senior Survey Technician Preparation of Legals and Exhibits for right-of-way takes, complying with applicable local, state, and federal regulations, policies, procedures, manuals, and standards necessary to obtain project approvals from various regulatory agencies.

These services were to widen Ramon Road to its 6-lane divided arterial roadway cross-section, including widening of the existing Ramon Road Bridge and additional turning lanes. 66th Avenue Grade Separation – Indio, CA – Senior Survey Technician In charge of coordinating with the County, Caltrans, and UPRR Railway to verify survey controls and right-of-way base mapping, obtaining encroachment permits, and field surveys. Prepared all Legals and Exhibits for the right-of-way, temporary construction easements, slope easements, and roadway easements over the railroad tracks.

REFERENCES
• Martin Magana, Consultant, Coachella Valley Association of Governments, (760) 831-3215, [email protected] • Dan Malcolm, AICP, MPL, Planning Manager, Agua Caliente Band of Cahuilla Indians, (760) 883-1945, [email protected]
• Leland Cole, PE, PLS, City Engineer, City of Rancho Mirage, (760) 770-3224, [email protected]

CERTIFICATIONS
▪ CST Level III Computer Operator, CST
Certification #8983
▪ Land Surveyor-in-Training, Certificate
No. LSIT #8889

YEARS WITH FIRM
▪ 24 years

YEARS IN FIELD
▪ 24 years

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Matthew Kime, CST

SURVEY PARTY CHIEF
Mr. Kime joined MSA in 2004 in the role of field technician, quickly moving into his position as Party Chief. He is
responsible for performing skilled, technical survey work including the supervision of a survey crew. His knowledge and use of the most sophisticated equipment currently available, including the latest in Global Positioning Systems (GPS) and robotic total stations, ensuring consistency, precision and accuracy surpassing industry standard requirements on even the most demanding projects. His strong technical background in field operations is complimented with his knowledge of office operations. Mr. Kime’s field and office expertise is exemplified in his ability to provide proactive solutions to ensure “problem prevention”, identifying potential field issues well in advance in order to save clients considerable time and money.

WORK EXPERIENCE
CV Link; Coachella Valley, CA – Field Party Chief
Matthew Kime served as a Survey Party Chief under the direct supervision of a California Licensed Surveyor while performing field survey duties as requested by the Construction Manager. He has a thorough knowledge of field surveying practices, the ability to read and interpret plans and specifications, the ability to make effective decisions concerning field problems and work in progress and familiarity with safety requirements for surveying near traffic.

Cecil Aguirre

SURVEY TECHNICIAN
Cecilio Aguirre, with MSA since 2005, is a vital part of our Surveying Department, working as a dependable Survey
Technician. Some of his responsibilities include adjusting and operating surveying instruments; collecting and compiling information needed to carry out new surveys and staking projects; maintaining equipment and vehicles used in the course of work; performing calculations; providing assistance in the development of methods and procedures for conducting field surveys; and recording survey measurements and descriptive data. His reliability and survey knowledge make Mr. Aguirre an ideal fit for the MSA Survey Team.

WORK EXPERIENCE
CV Link; Coachella Valley, CA – Field Technician
Cecil Aguirre served as a Survey Technician under the direct supervision of a California Licensed Surveyor while performing field surveying duties as requested by the Construction Manager.

EDUCATION
▪ Multiple Land Surveying Courses

REGISTRATIONS
▪ Certified Survey Technician (CST)

EDUCATION
▪ Multiple Land Surveying Courses

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION

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MSA Consulting, Inc.
34200 Bob Hope Drive
Rancho Mirage, CA 92270
(760) 320-9811
RFQ for On-Call Professional
Services for Land Surveying,
Mapping, and Drafting
Cost Proposal
City of Indio
Attn: City Manager
100 Civic Center Mall
Indio, CA 92201

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RATE SHEET
The following is a summary of costs and hourly rates that reflect classifications of MSA Consulting, Inc. key personnel who may work on a City Project.

Engineering Services Landscape Architecture Services
Principal Engineer ..............................................$255 Studio Director – Landscape............................ $225 Director of Design Services................................$240 Senior Landscape Architect............................. $195 Director of Production Services..........................$225 Senior Project Manager – Landscape ............. $185 Senior Project Manager .....................................$225 Senior Project Designer – Landscape ............. $180 Project Manager.................................................$215 Project Architect – Landscape ......................... $170 Senior Project Engineer .....................................$195 Project Manager – Landscape......................... $175 Senior Designer..................................................$180 Project Designer – Landscape......................... $160 Project Engineer.................................................$170 Associate Project Manager – Landscape ........ $155 CADD Designer..................................................$155 Associate Project Designer – Landscape........ $150 CADD Technician...............................................$145 CADD Designer – Landscape.......................... $140 Survey Services Planning Services
Director of Survey and Mapping.........................$225 Director of Planning.......................................... $245 Survey Manager.................................................$205 Senior Planner / Designer................................ $175 Survey Project Manager.....................................$205 Senior Planner / Project Manager.................... $170 Senior Surveyor..................................................$190 Planner / Project Manager ............................... $160 Chief of Parties...................................................$185 CADD Technician............................................. $145 Survey Technician II...........................................$170 Assistant Planner ............................................. $135 Survey Technician I............................................$145 One-Man Survey Crew (Field) ...........................$185 Environmental Services One-Man Survey Crew (Prevailing Wage).........$205 Director of Environmental Services ................. $215 Two-Man Survey Crew (Field) ...........................$295 Senior Environmental Planner / GIS................ $175 Two-Man Survey Crew (Prevailing Wage).........$325 Environmental Planner II.................................. $145 Three-Man Survey Crew (Field).........................$380 Environmental Planner I................................... $135 Three-Man Survey Crew (Prevailing Wage)......$415
Administrative Services
Utility Coordination Services Project Administrator........................................ $120 Utility Manager ...................................................$185 Administrative Assistant................................... $115 Utility Coordinator...............................................$170 Drone Services
UAV Pilot – Photography ...................................$250 UAV Pilot – Survey Mapping..............................$400

REIMBURSABLES COST PER UNIT
B/W Print ............................................................................................................................................$0.10 Color Print...........................................................................................................................................$0.15 B/W Bond ...........................................................................................................................$0.50 per sq. ft.

Color Bond..........................................................................................................................$0.75 per sq. ft.

Mylar $3.00 per sq. ft.

Checking and Inspection Fees...........................................................................................................$TBD Filing or Permit Fees ..........................................................................................................................$TBD Title Company Charges .....................................................................................................................$TBD Record Searches................................................................................................................................$TBD Fees Advanced by Consultant .....................................................................................$1.05 x Actual Cost Subconsultant Mark-up ...................................................................................... 10% x Subconsultant fee Labor, materials, and incidental expenses such as vehicle mileage and postage are included in the above referenced rates.

Consultant may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the period effective on the anniversary date of the contract (i.e. January 15th of each year). Optional renewal years and any associated CPI increases are at the mutual consent of the City and Contractor.

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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
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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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City Council
June 19, 2024

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Agreements for Professional Services to perform As-Needed Professional Architectural Services with Shepphird Associates, McAuliffe & Company, Inc., Holt Architects, and Westgroup Designs, Inc., in an amount not-toexceed $250,000 per fiscal year, for a three-year term with two optional oneyear extensions RECOMMENDATION:

Approve Agreements for Professional Services to perform As-Needed Professional Architectural Services with Shepphird Associates, McAuliffe & Company, Inc., Holt Architects, and Westgroup Designs, Inc., in an amount not-to-exceed $250,000 per fiscal year, for a three-year term with two optional one-year extensions.

SUMMARY:

On April 12, 2024, the City issued a Request for Qualifications for As-Needed Professional Architectural Services. Of the eight (8) firms that responded, four (4) firms were identified as the most qualified and cost-effective to provide the services. Staff recommends entering into agreements with Shepphird Associates, McAuliffe & Company, Inc., Holt Architects, and Westgroup Designs, Inc.

BACKGROUND INFORMATION:

The City’s Capital Improvement Program (CIP) includes the refurbishment and/or expansion of facilities in need of repair beyond routine maintenance. Many of these projects will require an architect to prepare appropriate plans for bidding the construction, upgrading to current ADA standard, and/or further investigation or feasibility reports to program into future Capital Improvement Projects.

On May 9, 2024, the City received Statements of Qualifications (SOQs) for As-Needed Professional Architectural Services. The following eight (8) firms responded:
 Bureau Veritas North America, Inc. (Irvine, CA)
 Holt Architects (Palm Desert, CA)
 IDS Group (Irvine, CA)
 McAuliffe & Company, Inc. (Palm Desert, CA)
 NJ Associates, Inc. (Lodi, CA)
 Shepphird Associates (Calabasas, CA)
 TR Design Group, Inc. (Riverside, CA)
AGENDA ITEM #8.17
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Staff evaluated the SOQs and selected the following firms based on their experience, understanding of the work to be done, experience with providing similar kinds of work, quality of staff, and a demonstrated technical ability to meet the agreement needs.

1. Shepphird Associates

2. McAuliffe & Company, Inc.

3. Holt Architects

4. Westgroup Designs, Inc.

The Public Works Department's FY 2024/25 CIP includes 64 projects totaling over $135 million aimed at enhancing the city's parks, freeway interchanges, bridges, streets, traffic signals, storm drain system and facilities. Many of these projects require architecture services. Consultants are required to support Public Works staff in completing these tasks.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
Next FY Financial
Impact:
$1,000,000 Strategic Objective: Community Infrastructure Source of funds: Capital Projects Fund-Org-Object
Reference:

Additional Financial Details:

The cost for each agreement with the four (4) recommended consultants will be capped at $250,000 per fiscal year, drawn from various funds within the Capital Improvement Program. Starting in FY 2024/25, each consultant will receive a not-to-exceed allocation of $250,000 per fiscal year. The expenses for all work, including architectural services for CIP projects, have been factored into the overall budget approved by the City Council each year. Moreover, a significant portion of the consultant's expenses can be reimbursed from regional and state grant funds, as well as developer fees. The agreements have a term of three years, with an option to extend them for two additional one-year periods. The City reserves the right to terminate these agreements with a fifteen-calendar day written notice. No funds from the general budget will be allocated to these agreements.

ATTACHMENTS:

Attachment 1 - Agreement for Professional Services with Shepphird Associates Attachment 2 - Agreement for Professional Services with McAuliffe and Company, Inc.

Attachment 3 - Agreement for Professional Services with Holt Architects Attachment 4 - Agreement for Professional Services with Westgroup Designs, Inc.

APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 12 Jun 2024 Jennifer A. Mizrahi, Assistant City Attorney Approved - 12 Jun 2024

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Agreement for Professional Services
with Shepphird Associates

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PROFESSIONAL SERVICES AGREEMENT

FOR AS-NEEDED PROFESSIONAL ARCHITECTURAL SERVICES

BETWEEN THE CITY OF INDIO AND SHEPPHIRD ASSOCIATES
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 19th day of June 2024 (“Effective Date”), by and between the CITY OF INDIO (“City”), a California municipal corporation and Shepphird Associates, 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 architectural 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 $250,000/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: Shepphird Associates
Attn: Will Shepphird, Owner
26560 Agoura Road, Suite 106
Calabasas, CA 91302
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 ARCHITECTURAL SERVICES

BETWEEN THE CITY OF INDIO AND SHEPPHIRD ASSOCIATES
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:

Will Shepphird
Its: Owner

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

SCOPE OF SERVICES

Agreements for Professional Services to perform As-Needed Professional A... Page 607 of 1755 Proposal For on-call architectural services
Cityofindio
SHEPPHIRD ASSOCIATES | ARCHITECTS+ENGINEERS
26560 AGOURA ROAD,SUITE106
CALABASAS,CA 91302
Response to Qualifications
MAY9,2024
PREPARED BY:

BOLD DESIGN.

SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS
X

COMMUNITY
FOCUSED.

Agreements for Professional Services to perform As-Needed Professional A... Page 608 of 1755

TABLE OF CONTENTS
PART 1 Cover Letter 01
Part 2 STATEMENTOFQUALIFICATIONS 02-14
Part 3 SCOPEOF WORK 15-17
Part 4 APPENDIX
SHEP-AE.COM SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS
CITY
OF IN

DIO / O
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ALL A
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HITECTUR
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VICES

Agreements for Professional Services to perform As-Needed Professional A... Page 609 of 1755 1 COVER LETTER
City of

ON-CALL ARCHITECTURAL SERVICES

Agreements for Professional Services to perform As-Needed Professional A... Page 610 of 1755 Re: Request for Qualifications for On-Call Professional Architectural Services Dear Mr. Raya and Members of the Selection Committee,
Shepphird Associates is thrilled at the opportunity to collaborate with the City of Indio to provide On-call Architectural services for the variety of upcoming City projects and improvements. The City of Indio‘s rapid growth and status as a social and cultural hub of the Coachella Valley indicates that City facilities and infrastructure will need to be expanded and improved upon. Our team is deeply committed to preserving the city‘s rich history while introducing innovative solutions to meet the evolving needs of the community. Our approach to each of these projects would be rooted in a thorough understanding of each site's history, context, and functional requirements.

Through extensive stakeholder engagement and rigorous analysis, we will develop design solutions that fit into a holistic vision for the city‘s growth trajectory.

As the Owner and Principal Architect of Shepphird Associates, I am personally invested in the success of these projects. With my background as both a registered Professional Architect and Engineer, I bring a wealth of technical expertise and strategic insight to the table. I am fully dedicated to providing the highest level of oversight and leadership to deliver projects that exceed expectations. As such, I am the authorized individual to negotiate Agreement Terms and compensation on behalf of Shepphird Associates. Please feel free to reach out to me directly should you have any questions or require further information.

Thank you for considering Shepphird Associates for this significant endeavor. We are honored by the opportunity to contribute to the development and growth of this thriving city.

Sincerely,
Will Shepphird, PE, AIA
SHEPPHIRD ASSOCIATES | ARCHITECTS + ENGINEERS
26560 Agoura Road, Suite 106
Calabasas, CA 91302
E: [email protected]
P: (310) 367-8030
(SIGNATORY)
coverletter
PAGE 01

SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS
SHEP-AE.COM
1 Juan Raya
City Engineer
City of Indio
100 Civic Center Mall
Indio, CA 92201
CITY
OF IN

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Mike Hutaff, RA, NCARB, LEED AP

PROJECT MANAGER
E: [email protected]
P: (949) 339-2860

Agreements for Professional Services to perform As-Needed Professional A... Page 611 of 1755 City of

ON-CALL ARCHITECTURAL SERVICES
2 statement of
qualifications

Agreements for Professional Services to perform As-Needed Professional A... Page 612 of 1755 For over two decades, Shepphird
Associates has worked with civic,
education, corporate, institutional,
and residential clients to create
spaces that are inviting, highperforming, sustainable, and human-focused. Our professionals
are passionate about putting
design to work in service of
larger, more meaningful goals,
whether societal, educational,
medical, or cultural.

Shepphird Associates reputation
as a leader in the planning of
high-quality, sustainable, and
fiscally responsible spaces is well
deserved. The firm has received
design awards via the AIA and
other industry groups at both the
local and international level.

SHEP-AE.COM PAGE 02

SHEPPHIRD ASSOCIATES
S ARCHITECTS+ENGINEERS 2 TATEMENTOF QUALIFICATIONS

FIRM OVERVIEW
Shepphird Associates is a small, full service, architectural and engineering firm that was established in 2002. The firm is based in Calabasas, California, and has project experience in local, national, and international sites.

Bold Design.

Community Focused.

Founded with the purpose
of anticipating community
needs, Shepphird
Associates aims to create
designs that have a positive
impact, now and into the
future. We focus on
opportunities to have the
most direct contribution to
communities— through
civic, institutional,
commercial and residential
spaces.

SERVICES
Architectural Design (All
Phases)
New Construction
Alterations & Renovations
Building Additions
Programming
Planning and Entitlement
Facility Audit and
Assessment
Sustainable Design/LEED
Government Relations and
Advocacy
Specifications and Technical
Services
Construction Administration
Structural Design
Fire Suppression and Fire Life
Safety Renovations
The Lights at Indio
CITY
OF IN

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From a design perspective, we take the same approach to either public or private work. Both must be beautiful, well-built, and economical. Additionally, the task sets are similar for either public or private work; analysis, design, construction documentation, and approval, so successful experience in one arena can predict positive outcomes in the other. Given that Shepphird Associates has serviced various construction sectors for over two decades, the City of Indio can be confident that our team is properly prepared to accomplish important public projects.

Accessible Facilities and Path of Travel
Our team recognizes the significance of ensuring that a facility is accessible to all visitors universally. Collectively we possess extensive expertise in modernizing existing facilities and sites to align with current accessibility codes and ADA standards.

Systems Modernization
We have assembled a team composed of experienced consultants to ensure that existing building systems are thoroughly analyzed, and upgrades are integrated seamlessly. Upgrades to HVAC systems, lighting, fire suppression, life safety, and security systems are thoughtfully designed and coordinated to ensure that they are optimized for both code compliance and efficiency.

Remodel and Remediation
Shepphird Associates has successfully completed many commercial projects where difficult existing conditions presented design and budget challenges. Ensuring a strong pre-design process distills the issues at hand and yields successful outcomes during design. Remediation of the building envelopes help to protect the health of the building and its systems and ensure its longevity. Identifying doors and windows in need of updates helps to provide a weather tight envelope and maximize the efficiency of the building systems.

SHEP-AE.COM PAGE 03

SHEPPHIRD ASSOCIATES
S ARCHITECTS+ENGINEERS TATEMENTOF QUALIFICATIONS
22 years in
business
est. 2002
coachella
valley
The team at Shepphird
Associates is actively working
with the City of Indio on the
development for a new Golf
Clubhouse at The Lights at Indio.

DGS SMALL

BUSINESS

CERTIFICATION
(#1448261)
Shepphird Associates has a
valid and active Small
Business (Micro) certification, which does not expire until October 31, 2025.
project
insurance
Shepphird Associates will be able to meet the insurance requirements stipulated in the
insurance addendum.

The Lights at Indio
CITY
OF IN

DIO / O
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2

Agreements for Professional Services to perform As-Needed Professional A... Page 614 of 1755 OWNER + PRINCIPAL ARCHITECT
Will Shepphird, PE, AIA
SHEP-AE.COM PAGE 04
2 SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS

PROPOSED TEAM

MIKE HUTAFF,

RA, NCARB, LEED AP

PROJECT MANAGER

STAFFING
The Shepphird Associates team
consists of 5 staff members who are
dedicated to the success of this
project. One additional staff member
can be added as necessary.

STATEMENTOF QUALIFICATIONS
CITY
OF IN

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Mr. Hutaff is a licensed Architect in California with over 20 years of experience in the institutional, educational, and residential market sectors. His background in public safety work and institutional tenant improvements make him a vital team member. Previously, he oversaw the Carlsbad Safety Center project from initial concepts and planning all the way through the construction administration process.

PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Riverside Fire Station No. 1, Riverside, CA
Riverside EOC and Training Center, Riverside, CA
Carlsbad Safety Center, Carlsbad, CA
Long Beach Fire Station No. 24, Port of Long Beach, CA
Newport Beach Lifeguard Headquarters, Newport Beach, CA Mr. Shepphird is a licensed Architect and Engineer in California. For the past 22 years he has overseen the day-to-day operations for Shepphird Associates, a multidisciplinary design firm focused on providing exemplary service from initial project programming, through all design and construction phases. He has also served as a visiting lecturer to the Schools of Architecture at the University of Southern California and the California State University, Pomona.

PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Viewpoint School, Calabasas, CA
Calabasas Country Club, Calabasas, CA
Culver City Presbyterian Church, Culver City, CA
Calvary School, Pacific Palisades, CA

SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS

Agreements for Professional Services to perform As-Needed Professional A... Page 615 of 1755

NIKI YOBLONSKI

ASSOCIATE
SHEP-AE.COM PAGE 05
2 SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS

PROPOSED TEAM

MAX JUSTMAN

ASSOCIATE

STATEMENTOF QUALIFICATIONS
CITY
OF IN

DIO / O
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MATT WARREN

SENIOR ASSOCIATE
Mr. Warren has worked on a broad array of project types including single and multifamily residential, institutional, commercial, military, industrial, and landscape architecture projects. He has a proven capability of conceiving architectural solutions, managing teams of consultants, providing technical review, producing construction documents, reviewing contractor bids and submittals, obtaining entitlements, and interfacing with clients, building officials and contractors.

PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Calvary School, Pacific Palisades, CA
Federal Correctional Camp, Lompoc, CA
Los Angeles Hall of Records, Los Angeles, CA
PH1384, Naval Base, Ventura County, Port Hueneme, CA
Taft Correctional Institution, Taft, CA
After earning his bachelors degree in Environmental Design with a major in architecture, Max gained two years of experience in construction before joining Shepphird Associates to pursue his career in architecture. He has been with the firm for five years and has enjoyed the ability to work on a wide range of projects with the team.

PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Viewpoint School, Calabasas, CA
Bellerive Country Club, St. Louis, MO
The Beach Club, Santa Monica, CA
Atlantic Beach Country Club, Atlantic Beach, FL
Niki has been an Architectural Associate for four years and is currently working toward licensure. She migrated to architecture after working in visual effects for movies and television for fourteen years. Niki also spent years working in partnership with a pottery artist making slip cast molds for ceramics. She feels architecture is the perfect blend of her love of creating objects three dimensionally with pottery and in three dimensions in software.

PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Sherwood Country Club, Thousand Oaks, CA
Atlantic Beach Country Club, Atlantic Beach, FL

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Viewpoint School
Phone: (818) 653-9327
Email: [email protected]
Shepphird Associates has served Viewpoint School on 17
consecutive projects ranging from small parking lot renovations to tenant improvements to new school buildings. The IDIQ
arrangement has been in place since 2017.

SHEP-AE.COM PAGE 06
2 b
Viewpoint School - IDIQ
Task Order 1: Upper Parking
The services included providing civil and related design construction documents to refurbish existing hillside parking. (A/C) (constructed)
Task Order 2: Academic Hall Tenant Improvement
The services provided included design and construction
documents for a substantial interior remodel for the academic front office including the Head of School office and updated lobby. (A/C/MEP) (constructed)
Task Order 3: Bridge
The services included structural consulting for the repair of a pedestrian bridge. (S) (constructed)
Task Order 4: Junior Parking - On Call
The services included providing conceptual site layout drawings to accommodate additional hillside student parking. (A/C) CITY
OF IN

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SHEPPHIRD ASSOCIATES
S ARCHITECTS+ENGINEERS TATEMENTOF QUALIFICATIONS
Task Order 5: Acoustic Remediation
The services included providing consultation and detailing to install acoustic paneling for an existing student dining area. (A) Task Order 6: High School “Commons”
The services provided included conceptual design and
visualization for a new “commons” space to encourage cross grade school cohesion. (A/S/MEP)
Task Order 7: Fletcher Library
The services included conceptual design to add a mezzanine to an existing library to accommodate additional study space. (A) Task Order 8: Head of School Canopy
The services included conceptual design for the provision of solar control canopies for the Head of School office south facing windows. (A)

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2 b
Viewpoint School - IDIQ
Task Order 9: Oak Circle Canopy
The services included conceptual design of a permanent
covered canopy for greeting students exiting vehicles upon arrival at school. (A)
Task Order 10: Upper School Terrace Enclosure
The services included conceptual design and visualization for enclosing an existing uncovered patio to accommodate
additional student space. (A)
Task Order 11: Upper School Kitchen Relocation
The services included conceptual planning for the relocation of the school kitchen facility to support the “commons” in Task Order 2. (A/S/MEP)
Task Order 12: Middle School Expansion
The services included schematic level planning and visualization for the expansion of the multi-story middle school building including necessary hillside site construction methods. (A/S/GEO)
Task Order 13: Weight Room Conversion
The services included providing construction documents for the expansion of the high school weight training facilities. (A/MEP) (constructed)
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Task Order 14: Innovation Space Addition
The services included providing construction documents for the expansion of the lower school technology lab.
(A/MEP) (constructed)
Task Order 15: Castle Oaks - School Expansion
The services included providing conceptual design, visualizations, and construction budgeting for a new academic building located in a constrained hillside condition. (A/G.C.)
Task Order 16: Academic Hall Sunshade
The services included construction documents for the installation of an exterior solar control canopy on the south face of the academic office building renovated in Task Order 2 and following Task Order 8.
(A/S) (constructed)
Task Order 17: Generator
The services included structural calculations and details to support the installation of a ground mounted emergency generator. (S) (constructed)

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ON-CALL SERVICES -

NEW CONSTRUCTION

AND REMODELING
Viewpoint School is a private K-12 school located in
Calabasas where Shepphird Associates continues to
serve under an IDIQ Task Order basis for small and
large projects. Currently completing Task Order 17.

Viewpoint School
Time
& Place
Relevance
2017-2023 | CALABASAS, CA
Size VARIES
$3.5 MILLION TO DATE
(CONSTRUCTED PROJECTS)

PROJECT
Value
Project rendering for “Commons”
Project rendering for “New
Hillside School Pod”
Project rendering for “Academic Hall”
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Agreements for Professional Services to perform As-Needed Professional A... Page 619 of 1755 The Beach Club
Santa Monica, CA | 2012 - 2014
Shepphird Associates served as the architect of
record for a $5M seismic renovation project including
additional member dining areas and upgraded
building systems.

Brindle Development - Jan Brindle
Owner‘s Representative
Phone: (805) 267-4558
Email: [email protected]
Shepphird Associates has served as the Architect of Record on multiple projects for Mr. Brindle.

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2 Repeat Projects - Local

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The Beach Club
Santa Monica, CA | 2016 - 2024
Shepphird Associates is serving as the AOR for a
$15M substantial renovation and remodel of a private
members club in Santa Monica. The project required
close coordination between several disciplines
including civil, shoring, structural, mechanical,
electrical, plumbing, foodservice and interior design.

Photos unreleased per owner’s request.

Sherwood Country Club
Thousand Oaks, CA | 2021 - Present
Shepphird Associates is currently serving
as the AOR on a $2M renovation and
addition project at a private country club.

SHERWOOD COUNTRY CLUB

THE BEACH CLUB

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Santa Monica, CA | 2016-2024
Shepphird Associates is serving as the AOR for a $15M substantial renovation and remodel of a private members club in Santa Monica. Photos unreleased per owner’s request.

Bellerive Country Club - The Field House
St. Louis, MO | 2018 - 2020
Shepphird Associates served as the AOR for a mixed-use golf and swim dining facility including two kitchens, three bars.

Bellerive Country Club - “Cottage” Concept
St. Louis, MO | 2021
Shepphird Associates provided conceptual design for the provision of a new multi-use golf performance, dining, and private guest hotel facility.

Atlantic Beach Country Club
Atlantic Beach, Fl | 2022 - Present
Shepphird Associates is serving as the AOR on a two-phase $13M campus wide project including renovations, additions, and the construction new member use facilities.

Michael chase
Atlantic Beach Country Club
Phone: (904) 372-2222
Email: [email protected]
Shepphird Associates has served as the Architect of Record on four consecutive projects for Mr. Chase including substantial renovations, additions, and new construction.

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2 Repeat Projects - National

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ATLANTIC BEACH

COUNTRY CLUB

THE BEACH CLUB

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SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS 2
Atlantic Beach Country Club is truly unique, both in its deep-rooted history as Selva Marina Country Club and
in its successful reinvention as Atlantic Beach Country Club in 2014.

ATLANTIC BEACH
COUNTRY CLUB.

Time
& Place
Relevance
2024| ATLANTIC BEACH, FL
Size
constructed
Value
SHEP PAGE 11 -AE.COM

STATEMENTOF QUALIFICATIONS
RENOVATION | ADDITIONS |
NEW CONSTRUCTION |

CAMPUS WIDE IMPROVEMENTS
17K SF
$12 MILLION
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ARCHITECTS+ENGINEERS 2

NEW CONSTRUCTION,

INTEGRATION WITH

EXISTING CAMPUS

CONDITIONS
A new 2-story fieldhouse was added to the club’s
historic campus to provide new dining, grill, and bar
amenities. The new fieldhouse also included a full
service commercial kitchen, grill kitchen and accessible restroom facilities.

BELLERIVE
COUNTRY CLUB.

Time
& Place
Relevance
2018| ST. LOUIS, MO
Size 7K SF
constructed $3 M
Value
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NEW CONSTRUCTION OF

CITY-OWNED AND

COMMUNITY FOCUSED

BUILDING
This state-of-the-art facility will replace an aging
structure and expand its’ service offering to include a banquet hall, commercial kitchen, and expansive
outdoor patio. The design draws upon the mid-century
roots of the area and seeks to serve as a catalyst for
future development in Indio.

The Lights at Indio
Golf Clubhouse
Time
& Place
Relevance
2024 | INDIO, CA
Size 5K SF
Constructed $4.5 MILLION
Value
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ALFATECH

M/E/P/FP
Various
Consultants

COST ESTIMATING / AV

LOW VOLTAGE / SECURITY

BUILOFF

SURVEYING

SCAN TO BIM

TEAM ORGANIZATION

SHEPPHIRD ASSOCIATES

ARCHITECTURE / STRUCTURAL
Access
Services, plus

ACCESS SPECIALIST

ALFATECH
421 E. HUNTINGTON DRIVE
MONROVIA, CA 91016
(213) 212-9850

BUILOFF SURVEYING
4004 SCHUYLKILL DRIVE
CALABASAS, CA 91302
(323) 240-2303
ACCESS SERVICEs, plus
1548 COLUMBIA STREET
REDLANDS, CA 92347
(909) 747-5296
Established in Silicon Valley in 1987, AlfaTech started as a mechanical, electrical, and technology design engineering firm. Over the years, in response to our clients' evolving needs, we expanded our services to include architectural lighting design, sustainability, smart building solutions.

A licensed, certified Small Business Enterprise that provides professional Land Surveying and Mapping services to residential, commercial, and public markets throughout Southern California.

A veteran owned and operated company with one goal: To provide aboveaverage assistance to building and property owners, designers, licensed architects, and local jurisdictions in the application of the building construction codes with an emphasis on disabled access compliance.

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SITIO LANDSCAPE

ARCHITECTURE
323 N. RESH STREET
ANAHEIM, CA 92805
(657) 217-6169
Landscape Architecture firm providing landscape planning and design services to the AEC industry, real estate developers and public agencies. Sitio's expertise with designing low impact, sustainable and regenerative projects fosters collaboration to ensure a successful landscape design and permitting process. truxaw and
associates
CIVIL
city of

TRUXAW AND ASSOCIATES
1915 W. ORANGEWOOD AVE.

ORANGE, CA 92868
(714) 935-0265
A civil engineering and land surveying company serving public agencies and land developers in the Southern California community for over 50 years. The firm specializes in grading, drainage, street, sewer, water and utility design, ALTA surveys, topographic and boundary surveys, mapping, construction surveys and construction support.

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ON-CALL ARCHITECTURAL SERVICES
3 SCOPE OF WORK

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SHEPPHIRD ASSOCIATES
SCOP ARCHITECTS+ENGINEERS 3 EOF WORK

PROJECT APPROACH

DESIGN APPROACH
At Shepphird Associates, our
proposal reflects a thoughtful
design methodology shaped
uniquely for each project. We
adhere to a set of best
practices honed to match the
objectives and needs of our
clients. Our approach is
rooted in a clear vision,
guided by practicality, and
aimed at inspiring all involved.

We prioritize designing with
people in mind, striving to
make a meaningful impact in
the communities we serve.

Additionally, our designs
prioritize sustainability and
societal benefit, promoting
environmental health and
enhancing quality of life.
work plan approach
Below is an outline of a typical
work plan across the phases of
our basic architectural and
engineering services. Every
project is unique, and we will
work with the City of Indio to
determine the best work plan
at the outset of each project.

1.1 Kick-Off
This phase will outline of the
typical work plan for our basic
architectural and engineering
services with the City of Indio
staff. Recognizing the uniqueness
of each project, we collaborate
with you to tailor the work plan
and phases accordingly. We'll
discuss and finalize these details
during our kick-off meetings,
ensuring alignment with your
specific needs and objectives.

Tasks may include, but are not
limited to:

Walk the existing building
and/or site, as appropriate, to
understand from the City staff the
challenges and opportunities.

Collaborate with various City
departments on the project goals;
review scope, discuss schedule,
and verify budget.

Set up communications/project
management protocols and webbased PM software.

Collect record plans/documents
and existing conditions.

Collaborate with City staff on the
number and composition of
stakeholder meetings, site
committees, meetings, agendas,
and goals.

Design Philosophy
BIG IDEA serves as the guiding
principle that unifies the project
and directs design choices
throughout its development. It
emphasizes the user experience
and serves as the central theme
for the project narrative.

CLARITY is demonstrated through
the sincere implementation of the
big idea, prioritizing simplicity
over complexity. This approach
results in a solution that is easily
comprehensible and effectively
serves its intended function.

CONTEXTUAL response ensures
relevancy and roots the design
solution to its place and its
occupants, addressing
geographic, social, cultural,
political, economic, and
environmental considerations.

INSPIRATION can also be drawn
from the users, in this case the
community itself. Aligning the
vision to the design so that the
final design is truly a reflection of
the greater needs of the
community.
phase 1: ASSESSMENT

AND DATA COLLECTION
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2.2 Schematic Design
During this phase, the design
concepts developed in the
planning, programming, and
preliminary design stage are
further elaborated upon, laying
the groundwork for all subsequent
design activities. Shepphird
Associates will collaborate closely
with City staff to solidify the
design approach and initiate the
identification of building materials
and systems.

Tasks may include, but are not
limited to:

Building and site utilization plans,
floor plans, elevations, sections,
perspectives, renderings and
other drawings and graphic
materials necessary to convey the
concept of the project.

Detailed room-by-room tabulation
of all net assignable floor areas,
and a summary of the gross floor
area for the project.

Estimate of probable construction
costs for the project at a basic
component system level of
accuracy, including hard and soft
costs and setting first
contingencies.

Basis of design document from
each consultant outlining the
design criteria, requirements for
the project, major systems
appropriate for the Project and
budget.

Evaluation of alternative concepts
and methods of construction at
the start of programming allowing
thoughtful design and determining
priorities.

Coordination with City staff to
review, update, and finalize
design elements.

Development of entitlement
submittals and attendance at
public hearings as necessary per
task order.

SHEP-AE.COM PAGE 16

2.1 Planning, Programming, and
Preliminary Design
Shepphird Associates will
collaborate closely with the City of
Indio staff to craft a program
tailored to the specific project
typology. The project site will be
visited to gather digital data sets
to be used along with
documentation provided by the
City for use in subsequent task
sets. Shepphird Associates utilizes
state of the art “Scan to BIM“
technologies in the creation of asbuilt documents. An as-built digital model will be created and existing
systems will be evaluated and
reviewed to help inform the
programming and design process.

Tasks may include, but are not
limited to:

Site analysis, including: Existing
conditions, utilizing survey,
geotechnical report, and any
other reports necessary to
understand the existing technical
conditions of the site.

Facility assessment reports and
feasibility studies
Analysis from stakeholders, user
groups, and community groups.

Program analysis with a
breakdown including the type of
space, quantity, desired
adjacency, net square footage,
gross square footage, and any
special requirements of the space.

Preliminary site and floor plan
diagrams.

SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS 3

2.3 Design Development
This phase marks the
commencement of the detailed
design and production stage of
the project, building upon the
approved documents crafted
during the Schematic Design
phase. It serves as the initial stage
for drawing and coordination
across various engineering
disciplines, including structural,
mechanical, electrical, and
plumbing. Simultaneously, we will
initiate the development of the
building floor plan, integrating
feedback from consultants. We'll
ensure coordination between
exterior and interior design
elements. The completed Design
Development package will then be
forwarded to the cost estimator for
pricing during the Design
Development Phase.

Tasks may include, but are not
limited to:

Development of site plans,
architectural, structural,
mechanical, plumbing, electrical,
fire protection, and landscaping
plans, elevations, cross-sections,
and other drawings necessary to
convey the concept of the project.

Detailed code analysis to ensure
compliance with applicable code
requirements.

Discover and inform the City of
any design permits required,
including those for approval of
the design work either on or offsite.

Detailed construction cost
estimate that provides a
breakdown of costs for each
major area of construction work.
scan to BIM Model example
Historic Structure, Santa Monica, CA
PHAsE 2: PRELIMINARY DESIGN AND COST ESTIMATE
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4.1 Bidding
As part of the project scope of
services, the team will provide the
necessary support to the City of
Indio during the bidding and
contract negotiations, as required.

Tasks may include, but are not
limited to:

Collaboration with the City to
determine the bidding
requirements.

Provision of approved design
documents, organized by
discipline, for bid document
issuance.

Attendance at any pre-bid
conference(s) for the project.

Preparation of responses to any
questions or Requests for
Information (RFI’s) during the bid
process regarding technical
specifications or design
interpretations and issue
addenda, as needed.

Assist the City with bid evaluation
for the project.

SHEP-AE.COM PAGE 17

3.1 Construction Documents/
Agency Review & Approval
During this phase, our team
focuses on preparing construction
details, specifications, and
coordinating systems and utilities
between the architecture and
engineering teams. We conduct a
thorough quality assurance/
quality control (QA/QC) internal
plan review, addressing any
identified issues. Subsequently, the
construction documents are
submitted to the relevant
governing agencies for the
required plan check review
process. The plans are
consolidated into a
comprehensive bid document for
issuance.

Tasks may include, but are not
limited to:

Final contract drawings,
calculations, and technical
specifications, that are sufficiently
detailed to describe the
requirements for construction of
the project.

Prepared required permit forms
for design approvals and
construction permits including, but
not limited to, building permits
and fire permits.

Submission, review, and address
all agency plan check comments
as needed, and coordinate the re
submittal back to the reviewing
agency.

SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS 3

4.3 Construction Administration
During the construction phase, the
same dedicated team you've
worked with throughout the design
phase remains intact to ensure
continuity and prevent any loss of
institutional knowledge.

Throughout this phase, the project
team will remain actively involved
in all aspects of construction. This
includes regular site visits,
attending job meetings, and
serving as your primary contact
point during construction. They
also participate in quality control
reviews to maintain consistency
and coherence as construction
progresses.

Tasks may include, but are not
limited to:

Assist in the planning and
facilitation of pre-bid, preconstruction, and regular job-site meetings.

Prepare or review and comment
on meeting minutes.

Create/Maintain document logs.

Prepare responses to RFIs, review
submittals, evaluate substitutions,
and issue Instruction Bulletins.

Review and assist the Owner and
its PM/CM in the evaluation of
the Contractor’s Proposed
Change Orders, should any
arise.

Review and approve Contractor
Pay Applications based on
progress schedules and updates.

Review and maintain ongoing
records of field changes for
verification of final “As-Built”
construction drawings provided
by the Contractor.

Prepare the final punch list, a
notice of substantial completion,
and assist with project closeout.
3d Digital BIM Model Assist in warranty reviews
Cloud based models for integrated collaboration
PHAsE 3: FINAL DESIGN PHAsE 4: construction support
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4.1 Value Engineering
Given the results of construction
pricing, the project architect can
lead a value engineering process
involving all project stakeholders.

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ON-CALL ARCHITECTURAL SERVICES

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SHEPPHIRD ASSOCIATES
APP ARCHITECTS+ENGINEERS 4 ENDIX
OWNER + PRINCIPAL ARCHITECT

SHEPPHIRD ASSOCIATES

EDUCATION
Master of Architecture,
University of California, Los Angeles
B.S. Civil/Structural Engineering,
University of California, Irvine

LICENSES / CERTIFICATIONS
Registered Architect, California (C28818)
Registered Engineer, California (C59229)
Mr. Shepphird is a licensed Architect and Engineer in California. For the past 22 years he has overseen the day-to-day operations for Shepphird Associates, a multi-disciplinary design firm focused on providing exemplary service from initial project programming, through all design and construction phases. He has also served as a visiting lecturer to the Schools of Architecture at the University of Southern California and the California State University, Pomona.

Will
Shepphird PE, AIA
PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Viewpoint School, Calabasas, CA
Calabasas Country Club, Calabasas, CA
Culver City Presbyterian Church, Culver City, CA
Calvary School, Pacific Palisades, CA

PROJECT ARCHITECT

SHEPPHIRD ASSOCIATES

EDUCATION
Bachelor of Architecture,
University of Southern California

LICENSES / CERTIFICATIONS
Registered Architect, California (C31168)
National Council of Architectural
Registration Boards Certified (NCARB)
LEED Accredited Professional (LEED AP)
Mr. Hutaff is a licensed Architect in California with over 20 years of experience in the institutional, educational, and residential market sectors.

His background in public safety work and institutional tenant improvements make him a vital team member. Previously, he oversaw the Carlsbad Safety Center project from initial concepts and planning all the way through the construction administration process.

Mike
Hutaff RA, NCARB, LEED AP
PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Riverside Fire Station No. 1, Riverside, CA
Riverside EOC and Training Center, Riverside, CA
Carlsbad Safety Center, Carlsbad, CA
Long Beach Fire Station No. 24, Port of Long Beach, CA
Newport Beach Lifeguard Headquarters, Newport Beach, CA CITY
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SENIOR ASSOCIATE

SHEPPHIRD ASSOCIATES

EDUCATION
Master of Architecture RED, Woodbury University
Bachelor of Architecture, University of Southern California Mr. Warren has worked on a broad array of project types including single and multifamily residential, institutional, commercial, military, industrial, and landscape architecture projects. He has a proven capability of conceiving architectural solutions, managing teams of consultants, providing technical review, producing construction documents, reviewing contractor bids and submittals, obtaining entitlements, and interfacing with clients, building officials and contractors.

Matt
Warren
PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Calvary School, Pacific Palisades, CA
Federal Correctional Camp, Lompoc, CA
Los Angeles Hall of Records, Los Angeles, CA
PH1384, Naval Base, Ventura County, Port Hueneme, CA
Taft Correctional Institution, Taft, CA

ASSOCIATE

SHEPPHIRD ASSOCIATES

EDUCATION
Bachelor of Environmental Design,
University of Colorado - Boulder
After earning his bachelors degree in Environmental Design with a major in architecture, Max gained two years of experience in construction before joining Shepphird Associates to pursue his career in architecture. He has been with the firm for five years and has enjoyed the ability to work on a wide range of projects with the team.

Max
Justman
PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Viewpoint School, Calabasas, CA
Calabasas Country Club, Calabasas, CA
Culver City Presbyterian Church, Culver City, CA
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APPENDIX

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ASSOCIATE

SHEPPHIRD ASSOCIATES

EDUCATION
Bachelor of Arts, Film & Media Arts,
Temple University
Niki has been an Architectural Associate for four years and is currently working toward licensure. She migrated to architecture after working in visual effects for movies and television for fourteen years. Niki also spent years working in partnership with a pottery artist making slip cast molds for ceramics. She feels architecture is the perfect blend of her love of creating objects three dimensionally with pottery and in three dimensions in software.

Niki
Yoblonski
PROJECT EXPERIENCE:

The Lights at Indio Golf Clubhouse, Indio, CA
Sherwood Country Club, Thousand Oaks, CA
Atlantic Beach Country Club, Atlantic Beach, FL

ACCESSIBILITY SPECIALIST

ACCESS SERVICES, PLUS
Daniel F. Kaiser is the president of Access Services, Plus. Mr. Kaiser is a Certified Access Specialist and has been providing disabled access services for more than 35 years. A retired jurisdictional Building Department Director, Mr. Kaiser provides accessible consulting services to numerous local jurisdictions and state agencies. Mr. Kaiser is an appointed member of the California state Building Standards Commission, Code Advisory Committee, Accessibility.

Dan
Kaiser CASp

LICENSES / CERTIFICATIONS
DSA Certified Access Specialist (CAS #039)
I.C.C. Certified Building Official
I.C.C. Certified Building Code Official
PROJECT EXPERIENCE:

City of Palm Desert, Director, Building Official, Deputy B.O.

City of Murrieta, Building Official
City of Corona, Supervising Building Inspector
CITY
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APPENDIX

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PRINCIPAL-IN-CHARGE

ALFATECH

EDUCATION
B.S. Electrical Engineering,
Arizona State University

LICENSES / CERTIFICATIONS
Association of Consulting Electrical
Engineers, Los Angeles Chapter
Illuminating Engineering Society of North
America
Todd is a dynamic and industrious Electrical Engineer boasting a wealth of experience in the field. Known for his exceptional ability to juggle multiple deadlines and ongoing projects, Todd has a track record of success in project management and execution. His communication, leadership, analytical, and problem-solving skills are second to none, all of which contribute to his unwavering commitment to ensuring client satisfaction.

Todd's relentless drive propels him to not only meet but surpass expectations at every opportunity.

Todd
Schoenhouse
PROJECT EXPERIENCE:

Sherwood Country Club, Thousand Oaks, CA
Kong Studios, Los Angeles, CA
11601 Wilshire Headquarters TI, Los Angeles, CA

LEAD MECHANICAL ENGINEER

ALFATECH
Nick has extensive experience in designing various systems such as heating, ventilating and air-conditioning, steam, compressed air, direct expansion, cogeneration, thermal storage, and heat recovery systems. He has designed the above-mentioned mechanical systems for educational, commercial, industrial, healthcare, and institutional facilities. His experience with critical facilities such as data centers and technology centers includes phased construction and remodel of plants while in operation. Nick is responsible for the coordination, designing, developing, specification writing, cost estimating, construction observation, energy compliance and equipment selection of mechanical projects. He is responsible for the preparation of California Administrative Code Title 24 energy compliance documents, and energy consumption analysis. He performed feasibility studies, technical evaluations, and prepared value engineering solutions for HVAC systems on new and existing facilities.

Nick
Kourassis PE

EDUCATION
B.S. Mechanical Engineering,
Cal Poly Pomona

LICENSES / CERTIFICATIONS
Registered Engineer, California (M31713)
American Society of Heating, Refrigerating
& Air-Conditioning Engineers
PROJECT EXPERIENCE:

City of Calabasas Civic Center, Calabasas, CA
Gardena Community Aquatic Senior Center, Gardena, CA
City of Bell Gardens - Ford Aquatic Center, Bell Gardens, CA CITY
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Agreements for Professional Services to perform As-Needed Professional A... Page 634 of 1755 SHEP-AE.COM

SHEPPHIRD ASSOCIATES
ARCHITECTS+ENGINEERS

LEAD ELECTRICAL ENGINEER

ALFATECH

EDUCATION
B.S. Electrical Engineering, University of California, Santa Barbara, CA Chin has experience designing electrical systems for healthcare facilities, residential and commercial buildings, higher education facilities and K-12 facilities. He is proficient in AutoCAD and Revit. Chin has engineered electrical systems for various facility types including healthcare, educational, laboratory, commercial, and retail buildings. This engineering experience includes planning, feasibility studies, special building systems, power distribution systems, lighting systems, security systems, and audio/visual systems. His experience also includes the design of central plants as well as various specialized systems including fire alarm and generator paralleling systems.

Ethan
Dickenson
PROJECT EXPERIENCE:

Shriners for Children Medical Center, Pasadena, CA
Kaiser Clairemont Mesa Medical Office Building, San Diego, CA Sharp Ocean View Tower, Chula Vista, CA
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LICENSES / CERTIFICATIONS
Registered Professional Electrical Engineer, California (20824) CITY
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LEAD PLUMBING ENGINEER

ALFATECH
Marcia is a plumbing designer with extensive experience and who provides overall technical support to the team. She has worked on a variety of projects including airport terminals and concessions, maintenance facilities, and various community college facilities. Marcia began providing CAD support for our project teams. During the course of her tenure, she has taken specialized training classes, increased her engineering knowledge and has become technically proficient in CAD software applications. In addition, she is certified in the use of Revit, and has become a key contributor to the plumbing design and production efforts.

Marcia
McKone

EDUCATION
Plumbing Design, UCLA Extension

LICENSES / CERTIFICATIONS
American Society of Plumbing Engineers
National Fire Protection Association
PROJECT EXPERIENCE:

City of Calabasas Civic Center, Calabasas, CA
Betty Bazar Community Center, Woodland Hills, CA
Gardena Community Aquatic Senior Center, Gardena, CA
City of Bell Gardens - Ford Aquatic Center, Bell Gardens, CA 4 APPENDIX