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Contract - 11/08/2023 - 2039
3e1 Contract 2 City ClerkReview Risk Management' Solna i - AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF CATHEDRAL CITY, CALIFORNIA AND FALCON ENGINEERING SERVICES This Agreement for Professional Services ("Agreement") is entered into as of November 8, 2023 ("Effective Date") by and between the City of Cathedral City, a municipal corporation ("City") and Falcon Engineering Service, a California Corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City has sought, by Request for Proposals,the performance of Construction Engineering Support Services for the ATP Cycle 5: Cathedral Canyon Drive Sidewalks and Multiuse Trail (C08505) and Date Palm Drive Expansion (C08508), defined and described particularly in Section 2 of this Agreement. B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Consultant was selected by the City on the basis of Consultant's demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. D. Pursuant to the City of Cathedral City's Municipal Code, City has authority to enter into this Consultant Services Agreement and the City Manager has authority to execute this Agreement. E. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW,THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. (a) Subject to the provisions of Section 27 "Termination of Agreement" of this Agreement, the Agreement shall go into effect on the Effective Date, and Consultant shall commence work after notification to proceed by the City Contract Administration. The - 1 - agreement shall terminate on September 27, 2026, unless extended by contract amendment. (b) Consultant is advised that any recommendation for award is not binding on City until the Agreement is fully executed and approved by City. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Consultant agrees to perform the services set forth in Exhibit "A" "Scope of Services" (hereinafter, the "Services") and made a part of this Agreement by this reference. (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit"A". Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 34 "Administration and Implementation" or Section 36 "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. SAFETY. (a) Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site. (b) Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (c) Any subcontract entered into as a result of this agreement, shall contain all of the provisions of this Section. (d) CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation -2 - of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper. SECTION 5. COMPENSATION AND METHOD OF PAYMENT. (a) The method of payment for this Agreement will be based on lump sum. The total lump sum price paid to Consultant will include compensation for all work and deliverables, including travel and equipment. No additional compensation will be paid to Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Consultant and City. Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by the City. (b) Progress payments may be made monthly in arrears based on the percentage of work completed by Consultant. If Consultant fails to submit the required deliverable items according to the schedule, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 27 "Termination of Agreement". (c) Consultant shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. (d) Consultant will be reimbursed within thirty (30) days upon receipt by City Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this project number and project title. Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 11 "Equipment Purchase". The final invoice must be submitted within sixty (60) calendar days after completion of Consultant's work unless a later date is approved by the City. Invoices shall be mailed to the City in accordance with Section 32 "Notices". (e) The total amount payable by City shall not exceed $149,198.28. SECTION 6. COST PRINICPLES AND ADMINISTRATIVE REQUIREMENTS. (a) The Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. (b) The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. -3 - (c) Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Consultant to City. (d) When a Consultant or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. SECTION 7. AUDIT REVIEW PROCEDURES. (a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City's Chief Financial Officer. (b) Not later than thirty (30) days after issuance of the final audit report, Consultant, may request a review by City's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. (c) Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement. (d) Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, and incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR, and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Consultant's responsibility to ensure federal, state, or local government officials are allowed fully access to the CPA's work papers including making copies as necessary. The Agreement, Cost Proposal, and ICR shall be adjusted by Consultant and approved by City to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement pursuant to Section 27 "Termination of Agreement" and disallowance of prior reimbursed costs. (e) Consultant's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter -4 - or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement pursuant to Section 27 "Termination of Agreement" and disallowance of prior reimbursed costs. (i) During IOAI's review of the ICR audit work papers created by the Consultant's independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI. Accepted rates will be as follows: a. If the proposed rate is less than one hundred fifty percent(150%) -the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) -the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. (ii) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant's and/or the independent CPA's revisions. (iii) If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement. (iv) Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR. - 5 - SECTION 8. DISPUTES. Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other. (a) Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer, who may consider written or verbal information submitted by Consultant. (b) Not later than 30 days after completion of all work under the Agreement, Consultant may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. (c) Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement. SECTION 9. SUBCONTRACTING. (a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subconsultant(s), and no sub-agreement shall relieve Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant's obligation to pay its subconsultant(s) is an independent obligation from City's obligation to make payments to Consultant. (b) Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization in accordance with Section 34 "Administration and Implementation" of this Agreement, except that, which is expressly identified in the approved Cost Proposal. (c) Any sub-agreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted. (d) Consultant shall pay its subconsultants within fifteen (15) calendar days from receipt of each payment made to Consultant by City. (e) Any substitution of subconsultant(s) must be approved in writing by City in accordance with Section 34 "Administration and Implementation" of this Agreement in advance of assigning work to a substitute Subconsultant. -6 - (f) Prompt Progress Payment - Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants. SECTION 10. RETENTION OF FUNDS. (a) Any sub-agreement entered into as a result of this Agreement shall contain all of the provisions of this section. (a) No retainage will be held by the City from progress payments due to Consultant. Consultants and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the City's prior written approval. Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants. SECTION 11. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES. (a) Prior authorization in writing, by City in accordance with Section 34 "Administration and Implementation" of this Agreement shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. (b) For purchase of any item, service, or consulting work not covered in the Consultant's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City in accordance with Section 34 "Administration and Implementation" of this Agreement; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. - 7 - (c) Any equipment purchased as a result of this Agreement is subject to the following: (i) Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated pursuant to Section 27 "Termination of Agreement" of this Agreement, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. (ii) Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. SECTION 12. INSPECTION AND FINAL ACCEPTANCE. Consultant and any subconsultant shall permit City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the Term of Agreement including review and inspection on a daily basis. 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 23 "Indemnification" and Section 24 "Insurance." SECTION 13. OWNERSHIP OF DOCUMENTS. (a) It is mutually agreed that all materials prepared by Consultant under this Agreement shall become the sole property of City, and Consultant shall have no property right therein whatsoever. Immediately upon completion, expiration or termination, City shall be entitled to, and Consultant shall deliver to City, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, and other documents prepared, developed or discovered by Consultant in the course of providing the Services pursuant to this Agreement to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant's privileged information, as defined by law, or - 8 - Consultant's personnel information, along with all other property belonging exclusively to City which is in Consultant's possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. (b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work(and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City, and may be used, reused or otherwise disposed of by City without the permission of the Consultant. (c) Nothing herein shall constitute or be construed to be any representation by Consultant that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City's sole risk. 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, investigations, appraisals, inventories, analyses, estimates, 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 16 "Standard of Performance; Familiarity With Work" of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents. (d) Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts). (e) City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the City shall have the royalty- free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. SECTION 14. CONSULTANT'S BOOKS AND RECORDS. (a) For the purpose of determining compliance with Gov. Code § 8546.7, Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of the Services. The Consultant, Subconsultants, and City shall maintain any and all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, 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, including, but not limited to, the costs of administering the Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted -9 - 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. All parties, including the Consultant's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The State, State Auditor, or City, shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant's Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation. (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 15. INDEPENDENT CONTRACTOR. (a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights. - 10- SECTION 16. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant's profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit "A" "Scope of Work" that shall also be applicable to Consultants work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. (b) Consultant warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. SECTION 17. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section. SECTION 18. STATE PREVAILING WAGE RATES. (a) No Consultant or Subconsultant may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments. (b) The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer ( s://dot.ca. ov/ ro rams/constructionilabor-corn Hance). These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code §1773.2 and - 11 - will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. (c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at httplivvww.dirca gov (d) Payroll Records (i) Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. (ii) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative's at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. (2) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. (3) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified - 12 - payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request. (iii) Each Consultant shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. (iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. (v) The Consultant shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. (vi) The Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section. (e) When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City. (f) Penalty (i) The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. (ii) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to - 13 - pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement. (iii) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant. (iv) If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime Consultant of the project is not liable for the penalties described above unless the prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime Consultant fails to comply with all of the following requirements: (1) The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (3) Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. (4) Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813. (v) Pursuant to Labor Code §1775, City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. (vi) If City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. - 14 - (g) Hours of Labor Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty-five dollars ($25)for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular§§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half(1.5) times the basic rate of pay, as provided in §1815. (h) Employment of Apprentices (i) Where either the prime Agreement or the sub-agreement exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. (ii) Consultants and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dirxa.govidasf, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7. SECTION 19. NONDISCRIMINATION AND STATEMENT OF COMPLIANCE. (a) The Consultant's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. (b) During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and - 15 - treatment of their employees and applicants for employment are free from such discrimination and harassment. (c) Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under(2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (d) Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four(24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. (e) Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. (f) Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (g) The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest. (h) The Consultant shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR§21.5, including employment practices and the selection and retention of Subconsultants. SECTION 20. 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 - 16 - agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City may determine that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Consultant shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (d) City understands and acknowledges that Consultant will, perform non- related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (e) During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. (f) Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. (g) The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. (h) The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. - 17- SECTION 21. REBATES, KICKBACKS, OR OTHER UNLAWFUL CONSIDERATION. The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. SECTION 22. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All financial, statistical, personal, technical, or other data and information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to 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 subcontractors be served with any summons,complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (e) Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion. - 18 - (f) Consultant shall not comment publicly to the press or any other media regarding the Agreement or City's actions on the same,except to City's staff, Consultant's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. (g) Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City, and receipt of City's written permission. (h) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section. (i) All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City's attorney's fees and disbursements, including without limitation experts' fees and disbursements. SECTION 23. INDEMNIFICATION. (a) Indemnification by Consultant. As provided under Civil Code Section 2782.8, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders,judgments, losses, liabilities, damages, costs and expenses, including attorney's fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Consultants, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. (b) Indemnification from Subcontractors. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance - 19 - with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City's sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. SECTION 24. INSURANCE. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit"C""Insurance" and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request. SECTION 25. 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. 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 27 "Termination of Agreement." City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors. SECTION 26. CONTINUITY OF PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the Services. Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance. There shall be no change in Consultant's Project Management or members of the project team, as listed in the approved Cost Proposal without prior written approval by City pursuant to Section 34 "Administration and Implementation" of this Agreement. SECTION 27. TERMINATION OF AGREEMENT. (a) City may terminate this Agreement, with or without cause, at any time by giving thirty(30)days written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. -20- (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5"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 5 "Compensation and Method of Payment" of this Agreement. (e) City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section. (f) Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. (g) In the event of termination, Consultant shall be compensated as provided for in this Agreement, except as provided in Section 11 Equipment Purchase and Other Capital Expenditures Part C. SECTION 28. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. 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 27 "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. -21 - SECTION 29. EXCUSABLE DELAYS. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes. SECTION 30. CLAIMS FILED BY CITYS CONSTRUCTION CONTRACTOR. (a) If claims are filed by City's construction contractor relating to work performed by Consultant's personnel, and additional information or assistance from Consultant's personnel is required in order to evaluate or defend against such claims; Consultant agrees to make its personnel available for consultation with City's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. (b) Consultant's personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Consultant's personnel services under this Agreement. (c) Services of Consultant's personnel in connection with City's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims. SECTION 31. 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 32. NOTICES. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To City: City of Cathedral City Attn: Charles P. McClendon, City Manager 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 To Consultant: TKE Engineering, Inc. -22 - Attn: Terry Renner, Senior Vice President 73-710 Fred Waring Drive, Suite 102 Palm Desert, CA 92260 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 33. 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 34. 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 36"Amendment"and the City Manager's contracting authority under the Cathedral City Municipal Code. SECTION 35. BINDING EFFECT. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. SECTION 36. AMENDMENT. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been issued. There shall be no change in Consultant's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by City. SECTION 37. 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 -23 - 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 38. 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 39. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. SECTION 40. CONTINGENT FEE. Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. SECTION 41. DEBARMENT AND SUSPENSION. (a) The Consultant's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager: (i) Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (ii) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (iii) Does not have a proposed debarment pending; and -24 - (iv) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. (b) Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. (c) Exceptions to the Federal Government excluded parties (hftps://sam.govicontentihomq) maintained by the U.S. General Services Administration are to be determined by FHWA. SECTION 42. NATIONAL LABOR RELATIONS BOARD CERTIFICATION. In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant's failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board. SECTION 43. ENTIRE AGREEMENT. This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements,whether oral or written, made by any Party which are not embodied herein shall be valid and binding. SECTION 44. PROMPT PAYMENT FROM CITY TO CONSULTANT The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service agreement. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following: (1) The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request. (2) The City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request. -25 - SECTION 45. SEVE • BILITY. If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). SECTION 46. CONFLICTING TER S. Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written. CITY OF CATHED- • L CITY FALCON ENGINEERING SERVICES 7/( Charles P. McClendon By: Wael Faqih, MS, PE City Manager Its: Senior Vice President ATTEST: I r-^ Tracey R Hermôsillo, CMC City Clerk APPROVED AS TO FORM / 1 -Eric . City Attornby NOTE: CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPO- • TION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -26 - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA STATE OF CALIFORNIA COUNTY OF RIVERSIDE On t--) è so-u , 2023 before me, L4-41.4.1 ?L. 1 -kit Date t - Name And Title Of Officer(e.g."Jane Doe,Notary Public) personally appeared A cr./ , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State vilq*.r,. LYDIA ROUTT of California that the foregoing paragraph is true and correct. COMM. #2447511 - ir• Notary Public•California t,/,, WITNESS my hand and official seal. , 2 Walif Riverside County M Comm.Ex Tres June 16,2027 Signature of Notary u OPTIONAL Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES)CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: Individual - Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Attorney-In-Fact Number Of Pages Trustee(s) - Guardian/Conservator Other: Date Of Document Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above EXHIBIT „ " SERVICESSCOPE OF A-1 • N,:'Sara g ,„ w 4 r*h'"�',5,,��4 3• i'' , 4 �� �n",;,;YC a yl "lt,, . ar y„, ' C, . Cathedral fty e ' 'u' a j }s, • �' 'igy.,p , ; M1u '4 , 4' a•, „m,',v ,u ,a Jk , mx,p : . ,At „� ; rdm u . tie'Ry ' s�, ' 10.. A „ k. 4 q, „ 4 , . p $ p., 4 *4k' ,. 'y'� ad" Y �,,i"! 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CATHEDRAL CITY PROPOSAL Professional Construction Engineering Support Services For Active Transportation Program (ATP) Cycle 5: Cathedral Canyon Drive Sidewalks and Multiuse Trail (CIP No. 08505) and Date Palm Drive Expansion (UP No. 08508) September 21, 2023 �doa ;,,a,,;;##2z,,,,,,,Zl'4 k,`c,,,,s°s,:' s`,t`t%'§.i3t„1``2''„,'„%`µy`,'h,:,,,1,t.'`„< `"'4 s i ,5,��.;'t; ,Y '�` '� .; ,r"ry,$���`"+n',t,mh"' ^, 4`mp' ,��� �d, ,a .>. ,f. ',''�'.. . ,� t Nr ^ ; 1aa �' ' ;.4J4,,,ra,',�1..a^l�qw '1'„ia,,w4 „ 4` *f s "rS # hey '" ;, ,,,ris,.." ,, " `1, `'44 „ems"la""J,",'"'N%,„; ra4,;r,"rr'wm '„ wy:�' 1''"�i, "' 'A', ,'4.,.,r' "a'a e w 7 mom, "Ae 4nMi ,' ,�' „„ µ',g,i ;,n, ;T gip, „ w', la, ,. .�,u 4 Y�° ^,....,:n„,„. . , • • ;: ` 'w dlir " rW� k,. ,II1p.J'µ > „ y'��;'.'�,, �`�4µ4�t. , Iltr,"4,44.4414 4,4t,,„ Id.,,,,,, i p m ;� ,"4'.3;={�'r ^}..yam '4i Y,,. .dY' '4' ��,FI ���` U .t4,,, y i ."' , Via" s q. s",P,4"', .' w°,re.' p 0,1 r a rc 1{>, `` }�; a, Kr atr . , . 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Engineering Services , f Engineering !Services CONTENTS COVER LETTER 1 STATEMENT OF QUALIFICATIONS 2 FALCON'S RELEVANT PROJECT EXPERIENCE 2 PROPOSED STAFFING 5 ORGANIZATIONAL CHART/PERSONNEL MATRIX 8 PROJECT UNDERSTANDING AND APPROACH SCOPE OF SERVICES 9 SCOPE OF WORK. 12 ADDENDUM ACKNOWLEDGEMENT 13 nurv�; d4, ailAi -CJI COVER LETTER COVER LETTER Contact Info September 21, 2023 1 Kull Pegg,Project Manager Mr.Andrew Lee(Assistant Engineer) 41593 Winchester Rd,#120,Temecula,CA 92590 Engineering Department City of Cathedral City 1 (951)549-9600 I (951)500-7979 Cot 68-700 Avenida Lalo Guerrero , kpegg fatcon_ca corn Cathedral City, CA 92234 RE: City of Cathedral City/Construction Engineering Support Services for Active Transportation Program(ATP)Cycle 5:Cathedral Canyon Drive Sidewalks and Multiuse Trail (CIP No.08505)and Date Palm Drive Expansion(CIP No.08508) Mr. Lee: FALCON Engineering Services(FALCON)is pleased to submit this proposal and the scope of work for the above project. FALCON is a certified Small Business Enterprise (SBE) incorporated in California specializing in Construction Management arid Inspection, Constructability Reviews, Construction Administration, Labor Compliance, and Project Closeout for Transportation and Public Works Projects. FALCON is a firm with extensive Caltrans and Federally Funded projects experience. The FALCON Team is highly committed to providing the highest level of service in the most cost- effective manner possible, Our project experience includes local street improvements, pavement improvements/widening/rehabilitation, multi-use trails(bike trail realignment, equestrian trails, and pedestrian trails), signalized intersections with ADA-compliant ramps and sidewalks, striping delineation, trail signage, fencing/gates/barriers, site lighting, drainage, flood control projects, box culvert systems, retaining wall systems including MSE Type 1. Many of these projects were constructed with Federal/State/Local Funding, using Caltrans Local Assistance Procedures Manual(LAPM), Federal Highway Administration(FHWA),and all applicable City and Caltrans standard regulations,policies,procedures. Mr Triam's Loader Qualifications: Wael Faqih, PE Principal-in-Charge. Wael has over 39+ years of experience as Principal-in-Charge for civil engineering and transportation construction. He has managed numerous engineers and inspectors on similar management and inspection contracts and has overseen the design and direction of complex, high-profile capital improvement projects.Wael has excellent knowledge and coordination skills working with Caltrans,CT-Local Assistance Program, RCTC, RCTD,Counties, Cities, Federal Funding Agencies,and other agencies. Kurt Pegg, PE l Project Manager. Kurt has managed numerous inspectors and engineers on similar inspection contracts.Kurt has demonstrated the ability to communicate and coordinate staffing that meets and exceeds the project's needs. Mr. Pegg's experience extends to lane closures and detours, bridge construction,bridge widening,gabion walls, retaining walls, sound walls, culverts, CISS & CIDH piling systems, and driven piles. He has experience with roadway improvements, signage striping, freeway widening, ADA compliance, and multi-use trails (hiking, equestrians, and bicyclists). Mr. Pegg has excellent knowledge and coordination skills working with Caltrans, CT-Local Assistance Program, RCTC, RCTD, Counties,Cities,funding agencies,and several other agencies. The FALCON Team will consist of AragOn Geotechnical, Inc. (AGI), providing materials testing services. AGI is experienced in geotechnical engineering,engineering geology, hydrogeology, and materials engineering and testing to the project team. AGI is fully equipped with an on-site soil, concrete and asphalt concrete testing laboratory. AGI is a certified SBE(1182800), MBE(19000092)and DBE(45365)firm(DIR#1000008509). The Project Manager, Kurt Pegg,will be the point of contact and will provide the management,training, and oversight of both the administrative and inspection staffing requirements in a manner that meets and exceeds the City's expectations listed in"Section III-Scope of Services"of this Request for Qualifications/Proposals(RFQ/P). As the Senior Vice President and Principal-in-Charge, I, Wael Faqih, am authorized to bind the firm to the proposal's terms. FALCON's RFQ/P is valid for one hundred and twenty days (120) from this proposal's date. FALCON acknowledges the receipt of the RFQ/P arid Addendum 1 and accepts the terms and conditions contained in the RFQ/P FALCON Engineering Services, Inc. - -‘ Wael Faqih, PE, Senior Vice President I 41593 Winchester Rd.#120, Temecula,CA 92590 (951)549-9600 Office I Tel: (951)264-2350 I Email:wfaqih©falcon-ca.com CATHEDRAL CITY-ATP CYCLE 5 CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTUSE RAIL(CIP NO.08505) II AND DATE PALM DRIVE EXPANSION(CIP NO.08508) Z W�'vy yvist, x, w 4I atsr �rlttfi. usr,kfir,rcn umc^Wrs""";S " "" r41 '",d.¢wWarWy ri m i,, ror•,Wit ENV`rwW Sri q,W 'fir~" ' •:u ,v�Wr��" w �Wrl�d�r r ,'tr r ,tiNtwtda rG\rJ " r`, '�R/! W')erl z z w M d(1 ,{ _ C �I v �rvv i,\p�'"M 4 .H `\s, 0. C4 Wv. ? r P., O {t d rr�a —, ?, d r�° ti i� ,.,� tt a s Li.' M w a a1 s" "h *i a Y Z w "uv O �@ �gi r rr 5 w h- ` C? p i 0 d .a, z rreZ is�� r. : ::,"�. y,.: m .SG hive "r 4 by i ti.. �+ N E r'Itlevz C C m N TS ui r a ZO o .. i Sl? 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V i7, Q W Q N .• 01 N k- N la O °* p C Q ': vl c 3 to w moH w M oglo 1 C1z m Ev•- @ os o"0m -ta gin» Qoca, >, U 1.g)eoaci 'S'r WZE1503eo � � mU Ccttq >, 'cal W a« rn e.= c a c g •! c= fa . @ a F.I. i'i a m 8 a.. a E "o.c m co N 3 Icl 815 L7 c0 0 T' a•_ Q-+�00 c = 2 c a a3 0f l0 ° `QI c� ' Z • QUoA ?.c ru ox w 2 an rd0 0§gN ac E E-i g'C a I • cy,8 3, b c � d � WW U co m g ySZZLLlYuIco OLL m "av"�. m _"o� J �Z�e�:a:�r i Q:a`lZHt a-o step • • • • r • • • 4110 FAA,CON 7N STATEMENT OF QUALIFICATIONS syV rA;, PROPOSED STAFFING FALCON is led by professional engineers and has staffed its team with experienced professionals with extensive experience coordinating with Caltrans-Local Assistance Program, Counties, Cities, Funding Agencies (Local, State, Federal), Park District, US Army Corp of Engineers, California Department of Fish and Wildlife, utility companies, National Environmental Policy Act(NEPA),California Environmental Quality Act(CEQA)environmental and regulatory agencies. icy RT Rai GC,x= Pt , Q DIP —Project Manager $ °. Mr. Pegg has 32 years of construction experience, managing some of California's largest highway/bridgeprojects freewa widening, EDUCATION 9 ( Y ,BSCE—Civil Engineering interchanges, and grade separations). He started his career working for University of Calgary,Alberta, Caltrans in the Bridge Department in Districts 4 and 12, completing his Canada rotation through Sacramento with an emphasis on cost estimating. Kurt has been responsible for bridges,highways,roadwa s,grade separations,interchanges,and LICENSES®ISTRATION Y Pa 9 major »Professional Engineer,P.E. civil projects. His experience includes bike trail realignments, paved bicycle trails with State of California,#54485 Class i and II segments, equestrian and pedestrian trails, and signalized intersections »SWPPP QSD/P#85608 with ADA-compliant ramps and sidewalks. He manages and oversees construction administration and management activities of the agency's construction projects, supervises and assigns activities for staff and consultants, and reviews construction progress payments, costs, budgets, and schedules, enforcing contract requirements and negotiating change orders.He is responsible for the overall project operation,including safety.He completes projects to the agency's satisfaction, consistent with cost, schedule, and contractual requirements. Kurt is also responsible for estimating all elements of project costs, including labor, materials, supplies and construction equipment,contingency escalation and program risk. Relevant Project Experience • City of Costa Mesa Costa csa Harbor Bike Trail, Costa Mesa, CA • State Freeway 10 P., Palm Drive/Gene Autry Trail, Bridge Replacement, Palm Desert, CA • Riverside County Transportation Commission (R('I'jC): SR-60 Truck Lane, Moreno Valley& "Beaumont, CA • City of Beaumont: SR-£0/Potrero Blvd, Interchange, Beaumont, CA. • City of Murrieta: Guava Street Bridge, Murrieta, CA • Caltrans District 8: I-10/ efterson Street intercirangge,, Indio, CA • Caltrans District 8: SR-91/ 15/S0 Freeway Interchange Project, Riverside, CA ill FA LC 0 N ,• _� HMED HAMAt` i, —Field inspector � , Mr. Hamasha has 24 years of experience in construction inspection for � EDUCATION roadways, structures, transportation, and building projects. His work »BS Mechanical Engineering, experience includes underground utility inspection, road and bike trails University of Jordan,Amman, construction, paving, trenching, grading, concrete structures and fiatwork, Jordan street improvements, retaining walls, street excavation, earthwork grading, slope construction, utility projects that include mechanical, electrical, and structural work, LICENSES®ISTRATION drainage facilities,storm drains,reclaimed water pipelines,landscape construction,and b 10-hr.Cal OSHA electrical facilities. Other projects consist of interchange improvements projects, bridge »ACI Grade 1##2176266 replacements,CIDH piles,driven piles,bridge deck construction,crack and slurry seal, »Temporary Pedestrian Facilities OH sign structures, median barriers, freeway improvement, roadway widening and rehabilitation, submittal review, safety inspection and reporting of daily construction activities. He is well versed in all technical aspects, procedures, and guidelines for structure construction, including the Caltrans Construction Manual, Falsework Manual,Trenching and Shoring Manual, Construction Records and Procedures Manual,Foundation Manual, Prestress Manual, Deck Construction Manual, Standard Plans,and Specifications. Relevant Project Experience • Riverside County Transportation Department(RC f): Hamner Avenue Bridge Replacement, Norco, CA • Riverside County Transportation Commission (ROTC), SR-91 Corridor Operations Project, Corona, CA • Riverside County Transportation Commission (ROTC), SR-60/l ruck.Lanes, Beaumont& Moreno Valley, CA • Riverside County Transportation Department (RCTD): Limonite Avenue at Interstate 15, Cities of Fastvaie and Jurupa Valley, CA • City of Beaumont: SR-60 Potrero Blvd Interchange Phase 1, Beaumont, CA • City of Temecula: I-i 5/SR-79 South Interchange,Temecula, CA CATI-IWLRAL CTY-A T P CYCLE 5 CATHEURAI.CAN VON, FINE Sin LVAI,XSr AND MULTIUSE RAN([r)NO,085DE) III AND GATE PALM i43Ur EXPANSION(UP Na D8508) 4110 A C `` STATEMENT OF QUALIFICATIONS ''I OSA L LAM f NIA SRI, 4 E—Field Inspector Mr.Almasri has 38 years of construction administration experience and oversees management activities of public works construction projects. EDUCATION Mr.Almasri has exceptional knowledge of construction management and A BA University of Louisiana, inspection of heavy civil projects that include paving, bridge abutments, Lafayette bent caps,pre-cast girder placement,cast-in-place columns and beams,roadway and UCENSES®ISTRATION footings excavation, asphalt paving, curb and gutter pour, bike/pedestrian trails, N Professional Engineer,P.E. erosion control and NPDES inspection, and street and bridge improvements. He State of California,#83107 possesses skills in grading, concrete work, rebar placement, paving/rehab and slurry "OSHA 10HourTraining •Temporary Pedestrian Facilities seal experience. Mr. Almasri has experience in construction administration, field inspection, safety inspection and reporting of daily construction activities, preparing and verifying field measurements for payment,verifying extra work invoices,and coordinating field testing.He is knowledgeable with the California Manual on Uniform Traffic Control Devices(MUTCD), Greenbook,and Construction Specifications Institute(CSI)standards. He has extensive experience managing projects requiring interfacing and coordinating with the Caltrans-Local Assistance Program, Cities, Counties, Funding Agencies (Local, State, Federal-FHWA), and environmental and regulatory agencies. Relevant Project Experience • City of Temecula. I-15/French Valley Parkway Improvement Project Phase II, Temecula, CA • Department.of Transportation, Caltrans District S I Various Projects, Riverside County, CA • City of Moreno Valley Public Works Dept., Moreno Valley, CA i Various Projects • Department of"Transportation, Caltrans District 0 I Various Projects, Victorvilte-Barstow, CA �"k, DENNISV FA� FP —Field Inspector Mr. Parker has over 41 years of experience in construction inspection EDUCATION ▪, of heavy civil projects, including new bridge construction, bridge »Mt.San Antonio College, widenings, seismic retrofits, maintenance, emergency bridge Engineering Courses,1970-1972 repair/replacement, retaining walls,sound walls, metal beam guard rail UCENSES®ISTRATION installation, multi-use trails, major drainage systems with large box culverts, cast-in- •OSHA 10 Hour Training drilled-hole(CIDH)piling systems, driven piles, H-piles, installing sheet piles,cast-in- *Temporary Pedestrian Facilities steel-shell[CISS],and precast/pre-stressed[PC/PS]concrete piles.Dennis inspected construction operations, traffic control system, Contract Change Order preparation, review and analysis pay requests and submittals. Dennis performed field inspection, quantity calculations, checked grade and alignment, materials sampling and control, safeguarding, assuring compliance with project plans and specifications, identifying actual and potential problems associated with the construction project,and recommending sound engineering solutions. Relevant Project Experience • Riverside County Transportation Commission (RCTC), SR-60 Truck Lanes, Moreno Valley & Beaumont, CA • Riverside County Transportation Department RCTD. 1-15/Limonite Interchange, Eastveie& ,lurupe Valley, CA • Sari Bernardino County Transportation Authority (SBCTA), N. Milliken Avenue Grade Separation, Ontario, CA SY E 0 r FZ A AI., Ei BA ill., itAIT—Field Inspector 0 t Mr Syed Afzal Biyabani has experience in construction management UCATI,' and contract administration (Caltrans projects or with Caltrans EBSCE-CIV Engineering Bachelor Oversight) in compliance with LAPM & FHWA on heavy civil projects. of Science,MJCET,India The types of projects include structure improvements, new structures, n MS-Master of Science in Civil HMA & PCC paving, reinforced concrete channels, road and bike trail construction, Engineering,Texas A&M,Texas and roadway-related improvements. He is well versed in all technical aspects, LICENSES®ISTRATION procedures,and guidelines for structure construction, including Caltrans Construction *CA-Engineer-in-Training# Manual,Falsework Manual,Trenching and Shoring Manual,Construction Records and 175978 Procedures Manual, Foundation Manual, Prestress Manual, Deck Construction b OSHA 10 HourTraining »ACI-Gradel Certified#2101713 Manual, Standard Plans,and Specifications. In addition, he has excellent experience •Temporary Pedestrian Facilities working with various construction-related software, including Caltrans Trenching and Shoring Design, Mathcad, and RISA. Relevant Project Experience • Riverside County Transportation Department (RCTD)e Hamner Avenue Bridge Replacement, Norco, CA • Riverside County Transportation Commission (RCTC), SR-91 Corridor Operations Project, Corona, CA • Riverside County Transportation Commission (RCTC), SR-60/Truck Lanes, Beaumont& Moreno Valley, CA CA"HFDRAi.CI Y-ATP CYCLE C CATHEDRAL CANYON DRIVE CI DEWA KS AND MULTIUSE F L�(FAN RA NO.085(15) AND (OP NCI.O35Drl II yv;,F0 N STATEMENT OF QUALIFICATIONS *< DION ,y'a¢ y Tiu l: , QSD1P-SWPPP/Safety Coordinator 4 �r . Mr. Castro holds a master's degree in environmental and Community and is r ' a Qualified SWPPP Developer, *M Practitioner and Trainer of Record in the State A, nON •MA,Environment and ,r of California. He is a Certified Professional in Erosion and Sediment Control Community,Antioch University (CPESC 5813)and has 32 years of experience in compliance with the National Seettie,WA Pollutant Discharge Elimination System(NPDES). UCENSES®ISTRATION »SWPPP QSDIP#00111 Relevant Project Experience »(CPESC 5893) • Riverside County Transportation Department rtment(R Tt ): Hamner venue Bridge »Trainer of Record-California Replacement, Norco, CA Stone Water Quality Assoc. • City of Ferna cnia: I-15/French Valley Parkway Impr v. Ph, 2, Temecula, CA SA dH ALESl i A I, Err-Office Engineer p • Samih Al-Sharabati is an office engineer with extensive experience supporting diverse heavy civil andpublic works projects. His expertise EDUCATION Z. , »MSCE,Constnrctlon �; ,� spans interchange improvements, bridge replacements, and roadway Engineering,San Diego state ' !Tr' rehabilitation. Samih is well-versed in Caltrans Standard Plans, Enn San Dirge,CA ` Specifications, and structure manuals. He oversees all aspects of R . »BSCE,Philadelphia University, construction engineering, project files, processing payments, maintaining s and Amman,Jordan utilizing software. UCENSES®ISTRATION Relevant Project Experience »EIT#176567 • Riverside County Transportation Department RCM): Hamner Avenue Bridge »OSHA 10 Hour Training Replacement, Norco, CA »ACi-Gradel Certified#2176264 • Riverside County Transportation Commission R T , 1 - /truclk Lanes, *Temporary Pedestrian Facilities Beaumont Ioreno Valley,CI m ' �I p :R, AN G RP O , PE,, ~ - Civil Engineer, Geotechnical Engineer Mr.Aragon has extensive experience in the field of pavement engineering, EDUCATION including experience with distressed pavement evaluations, pavement »BSCE-Loyola Marymaunt structural section design, hot asphalt concrete mix designs, cold recycled University of Los Angeles asphalt mix designs, quality control and quality assurance testing for hot asphalt t MSCE-University of California, concrete and cold recycled asphalt, and plan preparation and specifications for Berkeley LICENSES®ISTRATION rehabilitation projects, including replacement of facilities and recycling of existing »Professional Engineer,P.E. materials. He has inspected large and small grading projects and performed Laboratory State of California,#72277 »Registered Geotechnical soil mechanics tests. Engineer State of California,#2994 Relevant Project Experience • City of Iwii,tFleriri Sterling Road e L€i 'ea step, Highland, CA • City of Redlands ds. laity-Wide Reconstruction Project Phase i ll, & Ill. Redlands. CA & f :ARK G, DOE Ryyl„HLA , , CE Engineering Geologist EDUCATION I I " I »BA,Geology,University of CA, r ,' ,� Mark Doerschlag brings over 38 years of full-time experience in Berkeley engineering geology and geotechnical engineering, with 28 years as a »M.S.Graduate Studies, i licensed professional.He specializes in Southern California's geology,soils, Geological Sciences,University of bedrock,and groundwater conditions.His expertise includes defining project scopes and UalifENomSESfa,Rivers 8ide LIC REGISTRATION budgets, client meetings, field investigations, geotechnical tests, report writing, and »Professional Geologist State of liaising with regulatory authorities. California,#5629 Relevant Project Experience »State of California Certified • City of Hemet, Gilbert Street Reed RecantructiFn end Sewer Replacement, Engineering Geologist No.1752 City of Hemet, CA o U6., y.11nu�l�,L1 Ill ,1 - Project Engineering/ManagerEDUCATION Mr. Arguello technical experience includes slope stabilityanalyses, »BSCE-San Diego State settlement analyses, liquefaction analyses, bearing capacity calculations, University AutoCAD drafting, aggregate analyses, geotechnical investigation reports and »MSCE-California State recommendations, distressed pavement evaluations, pavement structural section Polytechnic University,Pomona design, project management, hot asphalt concrete mix design reviews, Cold In-Place »EIT#LICENSES S 151825REGISTRATION Recycling (CIR) and Cold Central Plant Recycling (CCPR) quality control and quality »Portable Nuclear Gauge Safety assurance, and plan preparation and specifications for rehabilitation projects. »ACI-Gradel Certified#01322983 Relevant Project Experience • City of Redlands; City-Wide Reconstruction Project Phase I, II, & ill, Redlands, CA CATFiCPF'EAL CITY--A?'C:Y i..E9 A'HEDRAL CANYON DRIVE SIDEWALKS.N MUr'E,iISE RAIL(CEP NO.0R 0S) AND DATE PALM DRIVE EXEANSEORF(OP NO.USSUR) II N 1- .. z --E a, 5' tioneulpi003 Anzri N. 1 •, I N. , ........ . .., i Agin.gtegAtIti c--17.. - .-- -' 1 N . 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N i, N. , N. ,, 1 ' 4— 1 - — --, —1 To 2 0) Fr 1 I > < 0 (IS.0 ,.9 — P,_ 2 cos ez S E 00 o el ,... m , z „,.z .4. . 1 ,.., -Ec E4'•2> 60 1 1 I gi , _ EK ., 0 k3.111 ' - 0 al 0,1.22-..a.1() no a o 0--0 ..- — iD F- .2 in O 6)/ -Z 'Er' ri gl E7° v a- U5 gg' ozsciii 3 tm.ca......-srs•-•,. , . i si 1- c, ta , --0 E-o ff .CX (6„, c'fo .-,coc- ‘35,3',.. .-c3 I;313; 1:ELul-19 —2=1 u a,=1.E ow 0 0 E i '0- oi— 001 .-,I.., =0 co 1 6 c.)0_ El F b.- .,.,5, vra V ci > Jo c o 0 001 -.0.4,* 0 5 49 13 as 2 w E -a; L. c - eel to 84' co 12)'-di w ' 411C9 '52)-2-2 t' e la i us,0 C 6-• ' ''').2 .z E g-a, giv 0 1:4 EI ..., 01 it g) ., E . c a a z c !ft LL CL tgI lig -g-. T---i Sc, 0= • o 0 0 _I— .2 8 . = 71 ,000. 1315 g E eo .. V tipl , g 41 ,_, =,c .,o_ .3.... a; i- at _ _1„... :3 < as a. ii-1 0. <it 0 la ri..-10 u..;u) u..in co c,., us ca c..51as ILI -4 21 5 _ . 1-- - 5 44,,bss• X , 1r sk,o-t. A' c W w •,, c 44 01 CO e CO a'''' --"-• ..E .*,. u - c I-, -.1 -.--1 ui g : k z g 110..... . my 1,,,,, 4..." .c •.... i yot E.c To „ti cs4 re KS U. u 1 41)'' E-„, ...e)< fe;\ ',,,'ai N LU NG sa4 - I- 4V0(( (* tcsil To M g4) 0) -ILI I 4.rk C 'D '114;'a g CI IV a)-z' C6 i- 4-,6 4.,.,.0 =.0 '176 0 ..,t)_9_ < I W I 1'; ,1t,i, !(9 0,CI) 1 CI s-0. t; li; 0 - teittm t"-- c` -Ne ,, \ a F 0 E ,,,„, E 1,,1" u_ 1...,o) 0 g z - ..c . ._ ,),(0, (1.41-..., ..., 60 wc0 e 0, (.6r,o2-0 4.44„1,3 as a ac a u_ < g_, 0) .A, 1 Ali (3 < E ,.. . i. .,,, .a.< .. g PROJECT UNDERSTANDING AND APPROACH SCOPE OF SERVICES PROJECT UNDERSTANDING AND APPROACH SCOPESERVICES FALCON understands that the City of Cathedral City is looking for a qualified Construction Management firm to oversee the construction engineering for Cathedral Canyon Drive Sidewalks and Multiuse Trail (CIP No. 08505)and � f 71i, Date Palm Drive Expansion(CIP No.08508). A look at Cathedral Canyon Drive between Dinah Shore Drive and Paseo "' Real makes it obvious why the Cathedral Canyon Drive Sidewalk and Multipurpose Trail and Date Palm Drive Expansion. There are designated sidewalks on both sides of the project, but inside the project limits,there are no sidewalks on either side,forcing pedestrians to walk in the street.This is an extremely dangerous situation,and separating the people from the vehicular traffic is very important. The FALCON Team has completed a similar scope of work elements as requested by this RFQ/P. FALCON has also performed construction management and inspection for the City on Date Palm Drive Bridge improvements, Cathedral Canyon Bridge,and Dinah Shore/Mid-Valley Parkway Bridge projects,so we are familiar with the City's requirements. Not only that, but most, if not all,of our projects are funded by local, state, and federal funds. Other relevant agencies that the FALCON team worked with include the Riverside County Transportation Commission (RCTC), Caltrans Local Assistance Program, Cities, and Counties working on projects with a single funding or multiple funding sources(local measures, state, and federal). Our goal is to help deliver projects on time, within budget and to our clients'standards. The details of the improvements are as follows: CATHEDRAL CANYON DRIVE SOIIP ATE PALNI DRIVE EXPANSION C c P a t a .t €" rIli PROCEDURES 2 C" U "3 ,.tee„ ONiPEDENEE FALCON Inspectors will coordinate with the City, local agencies and Caltrans.All work will be performed in compliance with the City of Cathedral City's practices, regulations, policies,procedures, manuals,standards,and ordinances.Also, this work will fully comply with Caltrans requirements, standard specifications, standard plans, construction manuals, safety manuals, traffic control requirements, WATCH Manual and other manuals to ensure safe completion of the requested projects. The FALCON Team recognizes the importance of effectively managing our staff and logistics to provide effortless and reliable services to the City. We have assigned Senior FALCON staff to manage this contract. Our team has current working relationships with Caltrans Oversight(OS)Project Managers and local agencies.These relationships will define common project goals and establish effective lines of communication to achieve those goals. We have experienced scheduling and claims experts to provide presentations or training for our staff. FALCON will provide technology and solutions and utilize advanced technical and creative abilities to support the project SHED SHEDD ERS RUE AND EHEENME° "r We strive to provide quality inspection, which can only be accomplished by equipping our inspectors with the materials needed to complete their assignments. We can provide a wide range of equipment, from vehicles to survey equipment, to measuring tapes to hand levels, and everything in between. We will acquire any other necessary field equipment required to complete your projects.All equipment will comply with OSHA regulations. CATHEDRAL cry-ATP CYCLE 5 CATHEDRAL CANYON DRIVE SIDEWALKS AND MULT!JSE RAIL(OP NO.08505) AND DATE PALM DRIVE EXPANSION(CIP NO.08508) PROJECT UNDERSTANDING AND APPROACH SCOPE OF SERVICES CONTRAC;TI ADMINISTRATioN Controlling unnecessary design changes and construction change orders is essential to contract administration. Strict compliance with the original scope of work and initial construction cost budget can be achieved through continuous and timely communications with the City Staff. SCHEDULING The FALCON Team will provide a critical path method schedule to monitor the project progress closely, define the critical path tasks,and provide monthly updates of accomplishments and projected project schedule goals for the following month.We will update the schedule as work progresses to reflect the forecasted completion. FALCON will utilize several different scheduling techniques to not only monitor the Contractor's progress, but also to mitigate claims. CHANGE ORD S AND (.7,I AIMS Our Project Manager will bring a detailed The FALCON Team has an understanding of the City and Caltrans-LAPM processes for administering Contract Change Orders (CCO). They will work closely under the direction of the City's Project excellent record of completing projects with no Manager with the contractor to verify that change orders are evaluated, negotiated, co . accepted by the City's Project Manager, and processed arid executed promptly by the claims.Issues are resolved contract documents and procedures. during the project through a mutual understanding CLAIM AO .)ANC IG VANCE AND ITATION Claim avoidance and mitigation are primarily and a spirit of partnering. accomplished by starting our services before construction, thoroughly reviewing the project plans for biddability and constructability, implementing our document control and construction management procedures, and engaging our team of experienced professionals in managing public projects. NEOOTIATIO , RESOLUTION, ANS IA RYD, OR LITIGATION FALCON's Inspectors will provide technical and contractual support to the Project Manager to the extent the city requests.The FALCON Team has an excellent track record of completing past projects without claims. QUANTITY CALCULA nows & PRoGRESS ESTIMATES The FALCON Team knows the importance of accurate and complete quantity calculations. PROJECT EftJLXLT DOT TROL Frequent monitoring and early identification of any design changes and or construction change orders affecting project costs will also assist in controlling costs. Preparing and monitoring a comprehensive work breakdown structure is instrumental in managing design and engineering cost changes and construction change orders. COST CONTROL AND FEASIBILITY OF OVERSIGHT The FALCON Team's accounting and invoicing procedures clarify the status of each task order.Accompanying our monthly invoices are monthly task order summaries and resource projections organized by the task order. Our resource projections track funds expended and remaining and estimate burn rates based on past and probable future workloads.The FALCON Team will be fully responsive to the City's Project Managers. CONS r LISTA 7,I CITY REVIEWS As part of the constructability review,Value Engineering will be performed to minimize life-cycle costs of the project elements, suggest operational improvement and maintenance cost savings, identify potential problems early, evaluate constructability, and provide a better product. IA TENI,ALS ENCHNESRiNO SERVICES Aragon Geotechnical and the FALCON Team Licensed Engineers serve as the primary point of contact for materials engineering concerns. Under the directions of the city,the FALCON team will coordinate all Geotechnical services, including scheduling compaction testing, sampling, and testing of fresh concrete for compressive strength, aggregate gradation for concrete and asphalt paving mix design qualification and verification, compaction testing for HMA paving, qualifying Concrete Mix Design for CIDH piling and sampling for various acceptance testing. SURVFY ,,..i;ERVICES Under the direction of the City's Project Manager, the FALCON's Inspectors will coordinate and oversee all survey staking services provided by the contractor. The FALCON Team will verify the main survey controls, monumentation, and major survey staking (lines and grades) of the , main structure and right-of-way limits. ppcsiEci APPROACH, STAFFING AND SPECIALIZED EXPEFUNCE Our ' staff have managed multiple similar projects. All have worked with various ti,tor agencies,Cities,Counties and Caltrans.Our Engineers and Inspectors have the 44;f; knowledge, skill, and experience to inspect any anticipated construction yiveioioe0Ai - operations for this contract. CATHEDRAL CITY-ATP CYCLE 5 CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTIUSE RAIL(OP NO.08505) , AND DATE PALM DRIVE EXPANSION(CIP NO.08508) 10 PROJECT UNDERSTANDING AND APPROACH SCOPE OF SERVICES `§ @ a re I x Y OPT `� 1 t �,� ��,�.��� ��II �_ �;" � � � � ��"°�_RAP ��� ���.��The Inspectors will review all daily � , diaries and correspondences to ensure all documents are accurate and dealt with , °° 441, promptly(letters,RFI's,submittals,emails,and communications with all stakeholders). DR/ARTIE 4 CASCO A MOR PROGRESS Ek` II i The FALCON Team knows � , ' the importance of accurate and complete quantitycalculations. II,�` �� �� \a E 11e FALCON has a"Zero Accident"concept.The Contractor will execute Jobsite safety duties with the goal of an accident-free worksite. The City's Safety and Health Plan and Contractor's Safety Plan will guide the inspectors. FALCON Team will attend iisor the Contractor's on-site tailgate safety meetings, make safety part of the Weekly ,+,. , 4 Progress Meetings, and strive to produce new and innovative approaches to increase safety on the Project for all the Stakeholders. LAB E COMPLJANCE MONITORING FALCON will review the Certified Payroll Records (CPR) submitted by the Contractor and its subcontractors and verify Fringe Benefits Statements.The FALCON Team will verify and confirm the Contractor's DIR registration status. COORDINATION ND NO NW A MON MA"fir B,IC AGENCIESI UTILITY C( NAMES We have built and maintained excellent professional working relationships with public agencies such as local cities,counties,RCTD,RCTC, SBCTA,SANDAG, and Calti:ans. l`I'tEaFERE C n;ltt'I"N I.Our Team has considerable experience with all types of traffic control processes,fulVpartial road closures, City and County streets, detours, night closures, and traffic control. The Inspectors will perform traffic control inspections. Work will be allowed to begin once the closure conforms to the approved Traffic Control Plan. Our team members are familiar with WATCH & MUTCD manuals and verify that the Contractor will implement its traffic control plans'requirements. I E JEEr DELIVERY Due to our proactive approach, comprehensive management, � , EMI M". advanced planning,tight project controls,and close coordination with affected entities and ,;-,, all stakeholders, the FALCON Team can avoid delays and deliver projects on schedule and within budget. `° " ` Our jEIEE°IIEEIIE EIEEEIE EEII.I I , °I E llIIII OProect Managers and inspectors are intimately familiar with the Local Assistance Procedures "' Manual(LAPM). They can manage federally funded projects in addition to local agency- funded projects. They are knowledgeable in obtaining authority for preliminary engineering,right of way/utility relocation and Preliminary Environmental Studies. STOR WAl Ell POLLUTION ER EN I i N(SWEEP)One other noteworthy item regarding overall team capability is that the FALCON Team is considered a leader in NPDES permit compliance. Compliance is a crucial issue on all construction projects,and all FALCON employees are trained internally,particularly in the areas associated with the new permit regulations. In addition to our internal training,many FALCON employees hold QSD/QSP certificates. II I I.,",SOT CONTROL,'MA AGENIEN1 ASAFE:I" i IThe fivO4TOP Plan n$PatS Of FALCON will lead our risk management team and use a five-step qualitative and quantitative process that identifies and assesses risks and develops l�„ W �' mitigation measures. FALCON will develop the Project Safety Plan(PSP), �, tos+ty"411, I''Ve 7 a o c 1 V " i 1 v �potemiai risk review the contractor's Site Health and Safety Plan and associated Activity �� r,, � 'endiseverity Hazard Analysis (AHA), perform site orientation, train field staff, and 3is , risk9 �I ,w1'�y�il9 ��7\�11ii'��W,7>°7,ti \717\1 each monitor and report observations.FALCON Team has managed high-profile ,,4 ., e "\, and has successfullydelivered projects to completion 1 n projects P 1 p i , 1NEHNICAL INNOVANIE DRONE.N ka FALCON Team proposes the following Technical Innovation to perform the Scope of Work. FALCON Team FAA-licensed personnel have flown a drone over the project site and developed a digital 3-D model of the project. The model provides a breakdown of the steps for staging the construction work, allowing visual analysis of the constructability and clearances.FALCON Team uses drone technology to assist with survey,monitoring,and quality control on construction projects. Our team utilizes the latest 3D software, proper FAA licensing,and expertise to quickly and efficiently generate detailed and accurate 3D models. On the SR-60 Truck Lanes project and/- E Limonite, out licensed crew successfully uses drones to assist with surveyin and project monitoring. . CATHEDRAL CITY-ATP CYCLE 5 CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTIUSE RAIL(CI D NO,08505) AND DATE PALM DRIVE EXPANSION(CiF NO.08508) III SCOPE OF WORK SUMMARY: We have the project and construction management expertise to corriplefe complex assignments within tight schedules and budgets successfully. Our assigned Project Manager and the FALCON Team are committed to providing the City of Cathedral City with the right resources when needed and for as long as required. Our team is committed to establishing and maintaining strong working relationships with all parties through trust and mutual respect. The FALCON Team understands the scope of work and the City's expectation of deliverables. Our team was assembled to provide a depth of resources to meet or exceed the City's personnel and performance requirements.Most importantly,our team is comprised of individuals who are passionate about their work. The FALCON Team is committed to this project's success and has no existing or potential conflicts of interest that may arise from this engagement. s a,OOP :r SCOPE OF WORK Attached is the Staffing Responsibility Matrix detailing the scope of services, anticipated deliverables, and staff responsibility. The FALCON Team recognizes the importance of effectively managing our staff and logistics to provide effortless and reliable service to the City of Cathedral City. PR -CONSTRUCTION "AZtirit— 'repare researc an. p anning studies Inc U.mg ice an. *tutu ' t efiv fieldwork. Prepare environmental and engineering technical Biddability Rem ew, Plan Review Check reports and perform related studies and analyses.Prepare Value Engineering, In Kurt, Kurtton; engineer plans, specifications and/or estimates. Construction Inspection Review project baseline schedule, provide recommendations Project schedules, Kurt, Samih, Project Schedule and ensure efficiency.Advise if a recovery schedule is correspondence Inspectors required to overcome delays. p Review project plans, specifications,and estimates and Constructability Constructability Review c Plans& coordinate final plans&specs with the designer, Review CT comments Kurt, Specifications findings. Permit for errors and deficiencies and report /Construction Cost inspectors findings. Arrange a pre-construction meeting with agencies, Pre-construction Meeting agenda and Kurt, Samih, Meetings contractors, and utility companies and address all concerns. minutes Inspectors Review contract administration items. Pe Administer Project Construction Contracts using the Caltrans i Project Construction Manual, Caltrans Permit Manual, and Caltrans ; Conformance to Kurt, Samih, Administra#ion LAPM. City/Caltrans/Permit Inspectors Coordination Conduct regular project coordination meetings with the city, Meeting agenda and Kurt,Samih, Meetings contractors, local agencies, project managers and design minutes Inspectors en.ineers. DURING CONSTRUCTION construction perio. .ocuments are require. .y Ca rens " Construction PeriodConstruction Documents Cooperative Agreements between the City,Caltrans, G documents m,Inspectors Encroachment Permit, and Caltrans Construction Manual. baiyfns ion Contractors'activities, effectiveness,and any modification '€ Daily activity reports Kurt, mi, Reports/Log (equipment and vehicles on the ob site rovide a photo tog Conduct week y field meetings 'to discuss schedules,change G Weekly Progress& orders, new issues, submittal status, RFI's, safety, Meeting agenda and Kurt, Samih, Schedule Meeting deficiencies,etc. Invite various Caltrans Permit Inspectors. minutes Inspectors (Various Disciplines) _ Deficiency Log Maintain a log of non-compliant work items. Deficiency Log Kurt,Samih, Inspectors Monitor the contractor's schedule weekly and provide a ' Schedule reports Construction recommendation to ensure efficiency.Notify parties of actual Kurt,Samih, recommeddation as- Schedule or potential deviation from the schedule.Work with the Inspectors built schedule protect team to correct non-compliance with the schedule. Monthly Activity Prepare and submit a monthly report,i.e., SWPPP issues, quantitiesKurt,Samih, Report/Cost RFIs, CCOs, potential claims,construction activities List of Inspectors Control CATHEDRAL CITY-ATP CYCLE 5 CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTIUSE RAIL(OP NO.08505) AND DATE PALM DRIVE EXPANSION(CIP NO.O8508) r ADDENDUM ACKNOWLEDGEMENT completed,ongoing and upcoming,protect budget and schedule status, highlights,and critical issues. ^ — Review CCOs/ Review CCOs proposed by the contractor. Prepare an j Logs of potential Kurt,Samih, Issue Management independent cost estimate and schedule analysis of work. 1 and Issued CCO's inspectors Recommend and track cash flow for CCOs. `Permits/Easement Continuati no of pre-construction activities, assist in m_m. Kurt,� i Permits,easements Utility relocations coordination and scheduling_of utili work. Inspectors Inspect work to ensure compliance with contract documents. Daily Inspection Quality Control/ Reject unacceptable work using the Deficiency Log.Observe Reports,sampling& Kurt, Inspection the work of special inspectors when required and certify test test result Inspectors _ _ results for all field sampling and laboratory testing performed. , verification _ _ Permit Review and enforce requirements stipulated in permits Daily Inspection Environmental i Environ issued by regulatory and environmental agencies.Assist with reports&SWPPP Dion, Compliance- , review,approval, and monitoring of contractor's SWPPP. I monitoring Inspectors SWPPP Drawings and ' Interpret the drawings and specifications to clarify design Monitor,track, Kurt, Specifications details and resolve field conflicts. coordinate Inspectors All construction period documents required by Caltrans in Construction Period accordance with cooperative agreements between the City, Construction Kurt,Samih, Documents Caltrans,CALTRANS Encroachment Permit,and documents Inspectors I( CALTRANS Construction Manual Perinits/Eesement Continuation of pre-construction activities assists in the 1 • Kurt, easements _ Utility relocations coordination and scheduling of utility work. ss� inspectors I Inspect work to ensure compliance with contract documents. Daly Inspection Quality Control/ Reports,NCR, and Kurt, Inspection/Material Reject unacceptable work using the Deficiency Log.Observe deficiency log Inspectors, Testing the work of special inspectors when required. Certified test sampling&test Aragon results for all field sampling and laboratory testing performed result verification. Coordinate review of contractor's submittals,shop drawings, ; _ "-� Submittals/Shop RFI's, manufacturer's certificate of compliance,concrete mix Log&track Kurt, Drawings&RFI design,samples&all other data, per the requirement of submittal/request Inspectors I project specifications. Traffic Control Review and approve Traffic Control Plans and forward them I Kurt, Review and approve Plans to the city. Inspectors Monitor compliance with the applicable state and federal- Certified weekly -` Kurt, Samih Labor Compliance � ablaws requirements. interviews and requirements, such as 1 jnfenciew_semployee Inspectors ,_prevailing wage _-_.. — Progress Payments Review contractor's payment requests,verify completed Certified pay request Kurt, quantities and prepare payment documentation for execution. ; documents Inspectors Review,monitor, document, and enforce contractor safety ' Coonduct regular Site Safety procedures for compliance with Cal/OSHA laws and safety,tailgate Kurt, Monitoring re.ulations. meeti , Inspectors POST-CONSTRUCTION .Zt1vi I' p Deliverable i 855-e-rienee,,. on uct a ina inspection wa -t roug , Inc uding maintenance&service personnel, issue preliminary&final Punch List and Kurt, Samih, Final Walk-Through punch lists,and coordinate with the City.Verify that required Notice of Inspectors certificates of compliance, O&M manuals, and as-built I Completion drawings have been delivered. -+- _ _— - _ - _ Claim negotiations, Assist in resolving outstanding disputes(claims, Kurt, Samih, Dispute Resolution documentation,negotiations,and litigation support). litigations,arbitration Inspectors support_ _ Project Files Deliver all project files(federal/state/local paperwork), project files/e-files Kurt, Samih, including photographs. Inspectors Project Completion Process the contractor's final payment request and issue a Final pay ie oast, Kurt, Samih, f Report I Closeout ' Certificate of Completion and a Project Final Report. Certificate Inspectors Completion ACKNOWLEDGEMENTADDENDUM Addendum No. I Date: 9/1 3/2023 Representative Initials: f CATHEDRAL CITY-ATP CYCLE 5 CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTIUSE RAIL(CIP NO.08505) r AND DATE PALM DRIVE EXPANSION(CIP NO.08508) i M EXHIBIT "B" CO PENSATION B-1 *FALCON FP wenn Services Contact Info September 21, 2023 Kurt Pegg Project Manager Mr.Andrew Lee(Assistant Engineer) .415:1 Windiest&Rd .4120,Temecula 92590 Engineering Department City of Cathedral City (951)549-900 1 (951)51.0-7979 Cell 68700 Avenida Lalo Guerrero t pegggfalcon-ca coat Cathedral City, CA 92234 RE: Cost Proposal for Professional Construction Engineering Support for Active Transportation Program (ATP)Cycle 5: Cathedral Canyon Drive Sidewalks and Multiuse Trail(CIP No. 08505)and Date Palm Drive Expansion(CIP No. 08508) Mr. Lee: FALCON Engineering Services Inc. (FALCON) proudly presents our Cost Proposal "Not-to-Exceed° fee that includes all costs associated with the delivery of the required services for Construction Engineering Support Services, ATP Cycle 5 City Project No. 08505/08508. FALCON and all its team members are excited to be part of the City of Cathedral City's team of professionals assisting in managing this project. As requested, please see the enclosed sealed fee proposal. Final costs will be determined after negotiations, establishing a detailed scope of services, and agreeing on our proposed construction duration reduction. I am authorized to bind the firm to the terms of the proposal. Our proposal and price shall remain in effect for a period of not less than 120 days from the date of submittal. All information submitted with this proposal is true and correct. Should you have any questions, please call me anytime on my cell#(951)264-2350. Sincerely, FALCON Engin ring Services inc. Wael Faqih, MS, PE Senior Vice President 41593 Winchester Rd,#120 Temecula, CA 92590 (951)264-2350 Cell 4,0,91\Nd 9(,..,1k9 0L109 '44094 t0a N 590 (9'4 qb 0 011,, v409 fah 0 City of Cathedral City Professional Construction Engineering Support Services for Active Project Transportation Program(ATP) Date: 9/2112023 Name Cycle 5:Cathedral Canyon Drive Sidewalks and Multiuse Trail(CIP No. 08505)and Date Palm Drive Expansion(CIP No.08508) Consultant: FALCON Enoinee,inq Services, inc. DIRECT LABOR _ dirissilication/Titie Name ' Hours 30 WD Actual Hourly Rate Total 30WD I 'Project Manager Kurt Pegg,PE $0.00 Field Inspector MasaIlam Almasri,PE 240 $90.00 $21,600.00 Field Inspector Ahmed Hamasha 240 $90.00 $21,600.00 • Field Inspector Dennis Parker(As-Needed) $83.00 $0.00 . _ Field Inspector Syed Afzal Biyabani,EIT(As-Needed) $76.59 $0.00 WPPPISafety ,Dion Castro,ToR(As-Needed) _ m $8500 $0.00 Office Engineer/Labor Compliance 'Samih Al-Sharabati,EIT(As-Needed) $88.00 $0.00 LABOR COSTS a) Subtotal Direct Labor Costs $43,200.00 c)TOTAL DIRECT LABOR COSTS[(a)+(b)] $43,200.00 INDIRECT COSTS d) Fringe Benefits (Rate: 0.00% ) e)Total Fringe Benefits[(c)x(d)j $0.00 f) Overhead (Rate: 137.58% ) g)Overhead[(c)x(1)] $59,434.56 h) General and Administrative (Rate: 0.00% ) I)Gen&Admin[(c)x(h)] $0.00 j)TOTAL INDIRECT COSTS [(e)+(g)+(1)1 $59,434.56 q)FIXED FE 10.00% k)TOTAL FIXED FEE((c)+(1)]x(MI $10,263.46 I CONSULTANTS OTHER DIRECT COSTS ODC—ITEMIZE Add additional .0.es if necessa Description of Rem 1 Quantity Unit Unit Cost , Total , . .,-,. Field + ce(Provided by ontractor/Client) $0.00 , :Mileage COits--- — $0706-- E ill i pm ent Rental and Supplies . Tififid Permit Fees r -000 Plans Sheets $0.00 Test $00-0 -- I)TOTAL OTHER DIRECT coils so.00 nv SUBCONSULTANTS COSTS(Add additional polies if necessaW Subconsultant 1: Aragon Geotechnical $36,300.26 m)TOTAL SUBCONSULTANTS'COSTS $ 36,300.26 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS[(0+(m)] $36,300.26 TOTAL COST[(c)+6)+(k)+(n)] $149,198.28 Total 30 WD Certification of Direct Costs: I,the undersigned,certify to,the best of my knowledge and belief that all direct costs identified on the cost proposal(s)in this contract are actual,reasonable, allowable,and allocable to the contract in accordance with the contract terms and the following requirements: 1. Generally Accepted Accounting Principles(GAAP) 2.Terms and conditions of the contract 3. Title 23 United States Code Section 112-Letting of Contracts 4. 48 Code of Federal Regulations Part 31-Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172-Procurement,Management,and Administration of Engineering and Design Related Service 6.48 Code of Federal Regulations Part 9904-Cost Accounting Standards Board(when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement. Rates Cathedral City Page 1 City of Cathedral City Local governments ate responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s), Duration assumptions based on our best understanding from information provided. I) Cost Proposal is based on Average 241:Mrs/month for the entre project duration of a 30 orking Days construct on contract with consultant NTP on NovemIi.r 2023 -Holidays include New Year's Day,Memorial Day;Independence Day;Labor Day;Thanksgiving(2 days), Christmas,and a Floating Holiday 2) Field Office is provided by the Contractoriclient,Other Direct Costs are estimates,based on project duration, Invoicing will be based on submitted hourly rotes with Overhead and Fee(10%)multipliers included, 3) Overtime, aftrer,holidays and potential time extensions or delays may result in additional construction management services. Surveying costs are an estimated, Satan/escalations during the term of this contract will reflect City of Cathedral City,currently 0%, 41 Prevailing Wage Rate-Wages for inspection are subject to Gala',Labor Code Section 1772, Overtime will be paid in accordance with applicable labor laws. Prime Consultant Certifying: Name: Wael Fa ih Title*: Senior Vice President Signature Date of Certification(mmiddiyyyy): 9/21/2023 Email: Phone Number: 951.264.2350 Address: 41593 Winchester Rd,#120,Temecula,CA 92590 An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer,or equivalent,who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providij under the proposed contract: Construction Management,Inspection and Labor Compliance. Rates Cathedral City Page 2 v 'S , a a a.0 0 • ; 1 I . < 0 11 a z z Er. EV:2 •,-. 8.3 1 1 1 114 co a 118 f 8 =0 LIJ 0 0 LT i p c RI a u., al_ •E.U: s g to F.' rt 114 8 gi go) Ni 4. 0,,w) 01°) cl ,d8 V. .1 !" 2 Cg .e: oi NI. • mi 06 6 or ai ..- ICI CD .6.. r,-, 2 6 8 al 2 x c.i 1 igi 4 ao 0 P.1 g co ca aw N. N. a a a wft fa wa 1 to co . 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Z W V m m 2 _ R . ,. 8 ...., 0 11.. M ____ EXHIBIT "C" INSURANCE A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement,against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance: Only the following "marked" requirements are applicable: X Commercial General Liability(CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy. X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City. X Workers' Compensation Insurance: Workers' Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers' liability coverage. Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim. X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider's profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, C-1 arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider's services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage. B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: 1. All Coverages. a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City. b. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI!. 2. Commercial General Liability and Automobile Liability Coverages. a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. b. Service Provider's insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider's insurance. c. Service Provider's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers. C-2 e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. 3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider. C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit"C". The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. 1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides. 2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. 3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. C-3