Agenda packet — Cathedral City City Council, December 11, 2024 (part 3 of 4)

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#

Item Number

Description

Qty

Term

List Price

Sale Price

Ext. Sale Price

QA09028AA

ADD: VIQI VC RADIO

OPERATION

24 Included

Included

QA03399AK

ADD: ENHANCED DATA

24 Included

Included

Q387CB

ADD: MULTICAST VOTING
SCAN

24 Included

Included

QA00580BA

ADD: TDMA OPERATION

24 Included

Included

QA09001AM

ADD: WIFI CAPABILITY

24 Included

Included

QA01767BL

ADD: P25 LINK LAYER

AUTHENTICATION

24 Included

Included

Q498BN

ENH: ASTRO 25 OTAR W/

MULTIKEY

24 Included

Included

H797DW

ENH: DVP-XL ENCRYPTION

AND ADP

24 Included

Included

Q15AU

ADD: AES/DES-XL/DES-OFB

ENCRYPTION AND ADP

24 Included

Included

QA09113AA

ADD: BASELINE RELEASE
SW

24 $0.00

$0.00

QA09030AA

ADD: MOTOROLA HOSTED

RADIOCENTRAL W CPS

24 $0.00

$0.00

QA07680AA

ADD: MULTI SYSTEM OTAR

24 Included

Included

BD00010AB

ADD: SECURITY BUNDLE

24 $1,147.00

$837.31

$20,095.44

QA09017AA

ADD: LTE WITH ACTIVE

SERVICE AT&T US

24 $0.00

$0.00

2 LSV01S03446A

APX NEXT DMS ESSENTIAL

24 3 YEARS

$230.76

$5,538.24

3 NNTN9217A

BATTERY PACK,BATTERY
PACK,IMPRES GEN2,
LIION,IP68, 4400T, UL2054
DIV 2

2 $284.35

$227.48

$454.96

4 LSV01S03082A

RADIOCENTRAL

PROGRAMMING

24 3 YEARS

$96.12

$2,306.88

5 PSV01S02944A

PROVISIONING SUPPORT

1 $0.00

$0.00

6 SSV01S01407A

SMARTPROGRAMMING

24 3 YEAR

$225.00

$5,400.00

7 SSV01S01406A

SMARTCONNECT

24 3 YEAR

$225.00

$5,400.00

8 SSV01S01476A

SMARTLOCATE

24 3 YEAR

$225.00

$5,400.00

9 SSV01S01907A

SMARTMAPPING

24 3 YEAR

$225.00

$5,400.00

10 PMPN4639B

CHGR VEHICLE IMPRES 2

EXT NA/AU/NZ KIT

34 $599.00

$479.20

$16,292.80

QUOTE-2599089
Cat City fire - (24) APX NEXT XE and
(15) APX 8500

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 2 ends

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#

Item Number

Description

Qty

Term

List Price

Sale Price

Ext. Sale Price

11 PMMN4154A

XVE500 DIV 1 REMOTE

SPEAKER MIC, HIGH

IMPACT GREEN WITH

KNOB, UL

24 $748.00

$598.40

$14,361.60

12 PMLN8208A

CARRY ACCESSORY-

HOLSTER,APX NEXT XE

CLASSIC HOLSTER

5 $37.80

$30.24

$151.20

APX™ 8500

13 M37TSS9PW1AN

APX8500 ALL BAND MP
MOBILE

15 $5,893.68

$3,830.89

$57,463.35

13a

GA09007AA

ADD: OUT OF THE BOX

WIFI PROVISIONING

15 $0.00

$0.00

13b

G831AD

ADD: SPKR 15W WATER

RESISTANT

15 $66.00

$42.90

$643.50

13c

G996AS

ENH: OVER THE AIR

PROVISIONING

15 $110.00

$71.50

$1,072.50

13d

GA00250AA

ADD: GNSS/BT-WIFI THRU
MNT ANT, 17FT LOW LOSS
PFP-100A/240, QMA

15 $110.00

$71.50

$1,072.50

13e

GA00580AA

ADD: TDMA OPERATION

15 $495.00

$321.75

$4,826.25

13f

GA01513AB

ADD: ALL BAND MOBILE
ANTENNA (7/8/V/U)

15 $105.00

$68.25

$1,023.75

13g

G51AT

ENH:SMARTZONE

15 $1,650.00

$1,072.50

$16,087.50

13h

QA03400AA

DEL: FCC

NARROWBANDING

MANDATE

15 $0.00

$0.00

13i

G78AT

ENH: 3 YEAR ESSENTIAL
SVC

15 $288.00

$288.00

$4,320.00

13j

GA05509AA

DEL: DELETE UHF BAND

15 -$800.00

-$520.00

-$7,800.00

13k

GA09001AA

ADD: WI-FI CAPABILITY

15 $330.00

$214.50

$3,217.50

13l

G298AS

ENH: ASTRO 25 OTAR W/

MULTIKEY

15 $814.00

$529.10

$7,936.50

13m

G843AH

ADD: AES ENCRYPTION

AND ADP

15 $523.00

$339.95

$5,099.25

13n

G444AH

ADD: APX CONTROL HEAD

SOFTWARE

15 $0.00

$0.00

13o

G67EH

ADD: REMOTE MOUNT E5
MP

15 $327.00

$212.55

$3,188.25

13p

GA01517AA

DEL: NO J600 ADAPTER

CABLE NEEDED

15 $0.00

$0.00

QUOTE-2599089
Cat City fire - (24) APX NEXT XE and
(15) APX 8500

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 3 ends

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#

Item Number

Description

Qty

Term

List Price

Sale Price

Ext. Sale Price

13q

G806BL

ENH: ASTRO DIGITAL CAI
OP APX

15 $567.00

$368.55

$5,528.25

13r

G309AD

ADD: USB DATA INTFC

CABLE-TRK APX

15 $94.00

$61.10

$916.50

13s

GA01670AA

ADD: APX E5 CONTROL
HEAD

15 $717.00

$466.05

$6,990.75

13t

W22BA

ADD: STD PALM

MICROPHONE APX

15 $79.00

$51.35

$770.25

13u

QA09113AB

ADD: BASELINE RELEASE
SW

15 $0.00

$0.00

13v

GA01630AA

ADD: SMARTCONNECT

15 $0.00

$0.00

13w

G361AH

ENH: P25 TRUNKING

SOFTWARE APX

15 $330.00

$214.50

$3,217.50

APX™ Control Head/
Mounting Kits/DEK
BOX/Multiplexers

14 H1930A

E5 CH

2 $717.00

$466.05

$932.10

14a

GA01289AA

ADD: PWR CBL MP RADIO
REMOTE

2 $39.00

$25.35

$50.70

14b

GA01755AA

ADD: E5 REMOTE CHIB

2 $138.00

$89.70

$179.40

14c

G831AD

ADD: SPKR 15W WATER

RESISTANT

2 $66.00

$42.90

$85.80

14d

GA01282AA

ADD: NO REMOTE TIB

2 $0.00

$0.00

14e

G892AB

ENH:HAND MIC,GCAI WTR

RESISTANT APX

2 $79.00

$51.35

$102.70

14f

G628AC

ADD: REMOTE MOUNT
CABLE 17 FT APX

2 $17.00

$11.05

$22.10

14g

GA01296AA

ADD: ACCESSORY CABLE

2 $33.00

$21.45

$42.90

CommandCentral
Aware

15 PSV00S04009A

CC AWARE 4 HOURS

VIRTUAL TRAINING

1 $0.00

$0.00

16 SSV00S01450B

LEARNER LXP

SUBSCRIPTION

24 1 YEAR

$0.00

17 SSV00S04248A

SOFTWARE,AWARE

LOCATION DEVICES

25 1 YEAR

$0.00

18 SSV00S04179A

AWARE STANDARD

1 1 YEAR

$5,500.00

19 Incentive

One year of free
CommandCentral AWARE,
1 -$5,500.00

-$5,500.00

QUOTE-2599089
Cat City fire - (24) APX NEXT XE and
(15) APX 8500

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

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#

Item Number

Description

Qty

Term

List Price

Sale Price

Ext. Sale Price

If purchased by Dec 27,
2024 Expiration Date:
12/27/2024

Subtotal
$551,487.02

Total Discount Amount
$154,931.70

Estimated Tax

$34,698.59

Grand Total
$431,253.91(USD)

Pricing Metric :

Price is indicative of the following -
of Video Devices - 0
of Location Devices - 25
of Learner LxP Subscriptions - 24

0 *Upfront costs include the cost of Hardware, Accessories and Implementation, where applicable.

Notes:

Motorola's quote (Quote Number: ________________ Dated: ____________ ) is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the "Underlying Agreement") that authorizes Customer to purchase equipment and/or services or license software (collectively "Products"). If no Underlying Agreement exists between Motorola and Customer, then the following Motorola's Standard Terms of use and Purchase Terms and Conditions govern the purchase of the Products which is found at http://www.motorolasolutions.com/product-terms.

The Parties hereby enter into this Agreement as of the Effective Date.

Motorola Solutions, Inc.

Customer

By: ______________________________

Name: ___________________________

Name: ____________________________

Title: ____________________________

Date: ____________________________

QUOTE-2599089
Cat City fire - (24) APX NEXT XE and
(15) APX 8500

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Page 5 ends

CommandCentral Aware Standard Offer Solution Description

Overview

CommandCentral Aware is a situational awareness software solution designed to deliver real-time intelligence across the public safety workflow. The Standard offering of CommandCentral Aware provides a map-based and list view of locations from broadband compatible radios, LPR hot hits, camera locations and panic alerts from Rave Mobile Safety. The offer includes device location and details from V300 and V700 body-worn cameras, 4RE and M500 in-car video systems, CAPE-equipped drones, license plate recognition (LPR) camera locations sourced from Vigilant VehicleManager, cameras registered in CommandCentral Community, compatible APX radios and smartphone applications. Devices can also send status information, such as from a radio entering an emergency state, a body-worn camera recording activation, or an LPR camera registering a hot hit, to CommandCentral Aware that can trigger an alert.

The Standard offer allows you to consolidate and view a variety of your Motorola video management systems and video streaming platforms and connect to camera feeds in your community to bring more real-time video feeds into your command center. CommandCentral Aware helps intelligence analysts in the command center gain valuable visibility to the field, quickly identify emergency situations and provide remote supervision.

CommandCentral Aware is hosted in the Microsoft Azure Government cloud and is offered as-a-service for an annual subscription cost.

Solution Elements

CommandCentral Aware consists of a series of core functional modules and integrated systems that power the solution. The CommandCentral Aware Standard offer includes the following:

Modules:

QUOTE-2599089

• Radio Location, Detail and Status
• APX Next, XN, XE and N70 Radios
• MOTOTRBO Portable and Mobile Radios
• Broadband Vehicle Modems
• Smartphone App Location, Detail and Status
• WAVE Broadband Push-to-Talk
• CommandCentral Responder
• Body-Worn, In-Car and Drone Camera Location and Detail • V300 and V700 Body-Worn Cameras
• 4RE and M500 In-Car Camera System
• CAPE-Equipped Drones
• LPR Camera Location, Detail and Hot Hit Alerts
• Vigilant VehicleManager
• Community and Business Registered Cameras on the Map
• CommandCentral Community
• Rave Facility
• Panic Button and Tip Location and Details*
• CommandCentral Community
• Rave Panic Button
• Fixed Video Location, Detail and Livestreaming
• Motorola Video Management Systems
• Real Time Streaming Video (RTSP)
• Edge Appliance
* Integration functionality dependent on third-party partner **Other third-party apps available depending on region

QUOTE-2599089

Cloud anchor server hardware and required software is also available, if not already present, to establish a connection between on-premises systems and the Motorola cloud hosting environment.

Modules included with the CommandCentral Aware Standard Offer

The CommandCentral Aware Standard offer includes the following modules.

Unified Map

CommandCentral Aware offers a unified mapping interface, powered by Esri, to display resources, event locations and alerts overlaid on detailed base maps and customer specific GIS layers. Users can view all location-based data on the map display. The CommandCentral Aware map includes the following:
• Custom Map Layers – Add your custom map layers from ArcGIS, Mapbox or GeoServer. • Map Layers Panel – Show or hide event data and map layers to refine the map view. • Event Detail Display – View details associated with each event on the map. • Incident Recreation – Replay a time lapse of mapped events over a set period of time for up to 90 days.

This history can be exported and viewed in Google Earth or Esri ArcGIS Pro. • Traffic and Weather – Overlay real-time traffic data and a weather radar map layer. • Building Floor Plans – Enhance your map view with the addition of indoor floor plans using ArcGIS Indoor Floor plan layers.
• Collaborative Drawing Tools – Draw and save polygons, polylines and points onto the map to support planning for pre-planned events and provide tactical awareness during a real-time incident response.

Annotations are visible by all users as a data layer.
• Zones of Interest – Create geofences that geographically filter information in a defined area. • Directed Patrol Alerts – Specify geographic areas, set alerts and define rules for resources to enter and remain in for a user-determined period of time.
• Unit Management – From CommandCentral Admin, affiliate various resources such as radios and body worn cameras into units that can be named and intelligently tracked based on data from all affiliated resources.

Event Monitor

QUOTE-2599089

CommandCentral Aware offers an event monitor to display a running list of event and resource alerts. The event monitor is highly configurable to meet the needs and preferences of each user. Filter events by type, create separate tabs for different event types and show, hide or reorder columns of event information within the tabs. Pin an event to the top of your monitor as well as apply your event monitor filter to the map to maintain a consistent view of information. Details from any event can be opened in a dialogue box to give users all information about an event provided by the source system.

Rules Engine

The CommandCentral Aware rules engine allows users to create highly configurable rule sets to trigger actions based on the occurrence of events matching the rule criteria. For example, rows in the Event Monitor can be highlighted and audible alerts for critical events can be triggered. These visual or auditory triggers reduce the number of steps needed to support an incident. Rules are used to trigger scenarios.

For example, if a panic button alert is received, Aware will pin and highlight the event in the Event Viewer, zoom and pan to the location on the map and play nearby cameras in the Video module.

Integrations

The CommandCentral Aware Standard offer the following integrations:

Radio Location, Detail and Status

APX Next, XN, XE and N70 Radios

The CommandCentral Aware Standard offer comes with integration to APX NEXT, XN, XE and N70 radios equipped with an active SmartLocate subscription. Once SmartLocate is activated, these APX radios can send device location, details and status over a broadband network. This data is available in CommandCentral Aware on the map and event monitor. Broadband connectivity via SmartLocate increases the frequency of location reporting beyond the capability of an LMR system to improve location accuracy and enable more devices to be tracked.

QUOTE-2599089

MOTOTRBO Portable and Mobile Radios

The CommandCentral Aware Standard offer comes with the ability to integrate with MOTOTRBO radios.

With this integration, MOTOTRBO radios can send device location, details and status information to CommandCentral Aware.

Broadband Vehicle Modems

The CommandCentral Aware Standard offer comes with the ability to integrate within-car broadband vehicle modems. These modems can send device location, details and status information to CommandCentral Aware. Examples include location via Sierra Wireless or Cradlepoint networks.

Broadband Application Location, Detail and Status

WAVE PTX Broadband Push-to-Talk

The CommandCentral Aware Standard offer comes with the ability to integrate with WAVE and Kodiak Broadband Push-to-Talk smartphone applications. With this integration, these smartphone applications can send device location, details and status information to CommandCentral Aware.

CommandCentral Responder

The CommandCentral Aware Standard offer comes with the ability to integrate with the CommandCentral Responder smartphone application. With this integration, CommandCentral Responder can send device location, details and status information to CommandCentral Aware.

Body-Worn, In-Car and Drone Camera

4RE and M500 In-Car Video Systems

QUOTE-2599089

The CommandCentral Aware Standard offer comes with the ability to integrate with M500 and 4RE in-car camera systems. With this integration, users can view real-time location, system details and livestreams from systems in the field that are actively recording. Y our agency can provision up to 500 in-car camera systems in CommandCentral Aware, and administrators can add, edit or remove systems as needed.

When in-car cameras are active in the field and the in-vehicle modem is on, the CommandCentral Aware user can view the system’s location on the map, see it listed in the event monitor and open up a video livestream upon recording being initiated in the field. CommandCentral Aware users can control the livestream to see front, cabin, rear, panoramic and side (depending on camera model) views of events both in and outside of the patrol car. CommandCentral Aware users can access up to ten simultaneous in- car camera livestreams.

V300 Body-Worn Cameras

The CommandCentral Aware Standard offer comes with the ability to integrate with V300 body-worn cameras. This integration brings V300 location, device details and the livestream from an actively recording camera into CommandCentral Aware on the map and in the event monitor. When the body-worn camera is on and within WiFi range of a vehicle or other agency authorized hotspot, the location of the V300 will be displayed on the CommandCentral Aware map. When the V300 is recording, you can view the video livestream remotely from CommandCentral Aware.

V700 Body-Worn Cameras

The CommandCentral Aware Standard offer comes with the ability to integrate with LTE-enabled V700 body-worn cameras. This integration brings V700 location device details and the livestream from an actively recording camera into CommandCentral Aware on the map and in the event monitor without needing to be within range of WiFi.

CAPE-Equipped Drones

QUOTE-2599089

The CommandCentral Aware Standard offer comes with the ability to integrate with CAPE-equipped drones.This integration brings in any active drone’s location, device details and the livestream from a CAPE-equipped drone into CommandCentral Aware on the map and in the event monitor.

License Plate Recognition (LPR) Camera Location, Detail and Hot Hit Alerts

Vigilant VehicleManager

The CommandCentral Aware Standard offer comes with the ability to integrate with Vigilant VehicleManager. The locations of LPR cameras integrated with Vigilant VehicleManager can be viewed on the map in CommandCentral Aware as a data layer that can be toggled on or off. In addition to LPR camera locations, hits that match a hot list display on the map at the location of the camera that generated the scan. Hits also display in the event monitor and can trigger an alert.

Additionally, with the Vigilant VehicleManager, CommandCentral Aware users have the ability to initiate a search for historical license plate data directly from within CommandCentral Aware. By simply highlighting a license plate and right clicking, an option will be presented to run a search. This will open up a new window displaying the results directly within Vigilant VehicleManager. From there, users can conduct additional searches or analysis on the vehicle of interest.

Community and Business Registered Cameras on the Registry Map

CommandCentral Community

The CommandCentral Aware Standard offer comes with the ability to display information and location of cameras registered in CommandCentral Community included in a map layer in CommandCentral Aware.

Rave Facility

The CommandCentral Aware Standard offer comes with the ability to support business cameras registered in Rave Facility via a data layer in CommandCentral Aware.

QUOTE-2599089

Panic Button, Tip Location and Details

CommandCentral Community

The CommandCentral Aware Standard offer comes with the ability to display tip submission details from CommandCentral Community. Users can access critical details submitted by the user including incident type and multimedia attachments via a data layer in CommandCentral Aware.

Rave Mobile Safety Panic Button*

The CommandCentral Aware Standard offer comes with the ability to integrate with Rave Mobile Safety Panic Button. When a panic alert is initiated, an alert will be mapped in CommandCentral Aware and populated into the event monitor. Users can access critical details submitted by the user including activator’s profile, incident type and multimedia attachments. *Other third-party apps available depending on region

Fixed Video Location, Detail and Livestreaming

The CommandCentral Aware Standard offer allows public safety agencies to expand their footprint of cameras by utilizing integrations with video management systems (VMS), real time streaming protocol (RTSP) connection and the Edge appliance.

Motorola Solutions Video Management Systems (Alta, Unity)

The CommandCentral Aware Standard offer provides the ability to integrate with Motorola video management systems and video streaming platforms. Camera feeds from connected video management system(s) can be streamed in the CommandCentral Aware web video viewer. • View up to 16 feeds at once from across systems.
• Playback recorded videos where available.
• Group cameras from across systems and open all livestreams available in a specific location.

QUOTE-2599089

Real Time Streaming Protocol (RTSP) Video Connection

Stream publicly accessible IP cameras with supported media formats including WebRTC, HLS, RTSP , RTMP . This connection allows your agency to configure a secure connection to livestream third- party owned, public IP cameras. Direct connection enables livestreaming only; no video storage is provided by CommandCentral Aware.

Edge Appliance Video Connection

Connect up to 30 IP security cameras on a network for immediate access to camera data including live video, device information and location. Cameras that support ONVIF Profile S allow for automated discovery and provisioning for livestreaming in CommandCentral Aware. IP cameras that support WebRTC, HLS, RTSP , RTMP media formats on the network can be manually discovered and provisioned for livestreaming.

Protected Places Package

Protected Places is a program for community businesses, organizations or individuals to register their security cameras with the local law enforcement agency. Once registered, the camera’s video footage can feed directly to CommandCentral Aware, providing vital information that can benefit the community with improved efficiency and faster response times.

QUOTE-2599089

The program includes a Motorola-hosted website that is customized and personalized for each agency.

On this easy-to-use portal, customers can learn about the program, purchase devices via e-commerce and register their locations and agree to terms for camera sharing with public safety. • This portal can be linked on the agency website or it can be a standalone site, and it serves as:
• Avigilon IP based cameras
• The L6Q License Plate Recognition camera
• A marketing website for your agency to communicate with the community on the Protected Places program and how to get involved.
• Avigilon IP based cameras
• The L6Q License Plate Recognition camera
• A resource for users (businesses, organizations or residents) to learn about and purchase the Edge appliance (a device + subscription offer with an annual evergreen recurring sub), which connects security cameras to CommandCentral Aware.
• Avigilon IP based cameras
• The L6Q License Plate Recognition camera
• A resource for the community to explore Motorola’s wider camera portfolio, including the ability to talk to an expert. Available cameras include:
• Avigilon IP based cameras
• The L6Q License Plate Recognition camera
To register for the program, users are sent to a customized page for your agency. The registration process is short and straightforward, with clear explanations of the process.

Users can provide facility information for each of their locations that is shared with their public safety agency based on the address zip code:
• Name
• Camera name
• Camera placement (indoor/outdoor)
• Camera address
• Address
• Camera name
• Camera placement (indoor/outdoor)
• Camera address
• Contact information (name, email address, phone number) • Camera name

QUOTE-2599089

They can also access your portal to explore Motorola cameras and create a lead to talk to an expert.

Cloud Security and Compliance

Proactive Security Design

Security is proactively incorporated into the design of our applications, not applied reactively when incidents occur. Applications undergo security reviews at each phase of their development and continue with ongoing assessments after deployment to find and repair vulnerabilities.

Compliance with Industry Best Practices

Our cloud solutions comply with key industry best practices for security, including NIST Security and Privacy Controls for Information Systems and Organizations (800-53), ISO 27001, 27017, 27018 - Specification for an Information Security Management System, Open Web Application Security Project

QUOTE-2599089

We conduct continuous and comprehensive risk assessments following the guidelines and best practices provided by NIST, OWASP , CIS and ISO.

Cybersecurity Champions Imbedded in Product and Service Teams

Over 350 specially trained and certified Cybersecurity Champions ensure that a culture of cybersecurity is instilled into the fabric of our product and services teams. Programmers receive ongoing security training and updates on the latest hacker tactics so they can layer security into every stage of the application development process.

FedRAMP Certified Cloud

The CommandCentral Aware Standard offer is available to be hosted on GovCloud meeting high impact status determined by the Federal Risk and Authorization Management Program (FedRAMP) Joint Authorization Board (JAB). U.S. government customers can safely deploy CommandCentral Aware backed by FedRAMP's highest impact level of security. Some of the Aware Standard modules described above are not currently available with the FedRAMP deployment option.

Canada CCCS, Canada and Australia and New Zealand (ANZ) Clouds

The CommandCentral Aware Standard offer is available to be hosted on Motorola’s CCCS (Canadian Centre for Cybersecurity) cloud environment as well as the Azure Canada and Azure ANZ clouds. Some of the Aware Standard modules described above are not currently available with the CCCS, Canada and ANZ clouds.

Capacity and Latency

CommandCentral Aware instances have the following capacity parameters:
• A maximum of 3,000 icons viewed on the CommandCentral Aware client at one time, per instance.

QUOTE-2599089

Low latency is critical for real-time operations. The speed with which data appears on the CommandCentral Aware display depends in large part on how quickly the information is presented to the CommandCentral Aware interface. Major contributors to the latency are network delays and the delay time from occurrence of an event to when that event information is presented to CommandCentral Aware from the source application (CAD, AVL, ALPR).

Although CommandCentral Aware strives to provide near real-time performance, Motorola provides no guarantees as to the speed with which an event (or video stream) appears in the application once the event is triggered.

Motorola will work with the Customer IT personnel to verify that connectivity meets requirements. The Customer will provide the network components.

Network Bandwidth Specifications

Network:Customer provided internet access and remote access capability Minimum bandwidth:1.1 Mbps between Cloud Anchor Server and CommandCentral Aware cloud platform

Networking Requirements

The following chart displays the requirements for accessing external network resources from within your Aware deployment. The final set of requirements will vary depending on the modules being deployed.

QUOTE-2599089

Box

Source IP

Protocol
Destination port

CloudConnect

idm.imw.motorola
solutions.com

TCP

443

aware-
api.usgov.comman
dcentral.com

TCP

443

admin-
api.usgov.comman
dcentral.com

TCP

443

aware-publisher-
ws.usgov.comman
dcentral.com

TCP

443

registry.command
central.com

TCP

443

s3-us-west-2-r-
w.amazonaws.com

TCP

443

platformy-
registry.s3.us-
west-2.amazonaws
.com

TCP

443

oneinterfaceblobst
ore.blob.core.usgo
vcloudapi.net

TCP

443

ccinterfaces-
ccbroker-
prod.usgov.comm
andcentral.com

TCP

443

ccinterfaces-
sasgen-
prod.usgov.comm
andcentral.com

TCP

443

QUOTE-2599089

services.usgov.co
mmandcentral.co
m

TCP

443

qrwbubhpaovhj-
sbu.servicebus.usg
ovcloudapi.net

TCP

443

qrwbubhpaovhj-
sbu.servicebus.usg
ovcloudapi.net

TCP

5671

loc-srvc-ingest-
production.service
bus.usgovcloudapi.
net

TCP

443

loc-srvc-ingest-2-
production.service
bus.usgovcloudapi.
net

TCP

443

One-time
cloudconnect
provisioning

Provisioning client
(jumpbox)

TCP

8080

Provisioning client
(jumpbox)

TCP

22 VMS Proxy

TCP

22 <VMS Proxy IP>

TCP

8080

TCP

5500

TCP

40080

IMW

TCP

65001

QUOTE-2599089

TCP

65002

TCP

65003

TCP

65005

TCP

65006

TCP

65008

TCP

9031

Aware clients

TCP

40080

TCP

554

TCP

560

TCP

5004

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TCP

5500

admin.commandce
ntral.com

TCP

443

aware.commandce
ntral.com

TCP

443

idm.imw.motorola
solutions.com

TCP

443

Customer Provided Hardware

Motorola recommends the following hardware specifications for customers providing their own hardware or Virtual Machine hosting. The Cloud Anchor server available through Motorola Solutions is typically an HP DL20 or similar grade server sized for up to 4 simultaneous VMs.

Cloud Anchor Server Specifications
Host Server
CPU

Intel Xeon 3.4 GHz or greater

Host Server
RAM

64GB DDR or greater

Host Server
OS

VMWare ESXi 8.X

Host Server
Hard Drive

1TB or greater (SSD or SAS)

Data
Interface
Virtual
Machine

8GB RAM, 2 virtual CPUs, 20GB disk storage

Video
Interface
16GB RAM, 2 virtual CPUs, 64GB disk storage

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Virtual
Machine

Operating
System

Windows 2022 and above installed

Network
Interface
Card

1GB NIC Port

IP Address

Two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the Cloud Anchor Virtual Machines

Network
Port

One network port for each VMS server

One network port for each VMS analytics appliance

CommandCentral Aware Workstations PCs

Workstation PCs deployed to run CommandCentral Aware often display Aware modules over three separate monitors and require appropriate PC resources to display a variety of real-time data and videos across multiple displays, including the ability to stream up to 16 concurrent video feeds. Motorola does not sell PCs as part of the Aware deployment. Below are recommendations for customer provided PCs.

Processor

High-end Business or Server Grade Intel CPU

Reference:

Intel Core i7 13700K 5.40 GHz (16 Cores)

Intel Xeon 3.0 GHz (12 cores) or greater

RAM
Memory

32 GB DDR or greater

Hard Drive

512GB SSD or greater

Operating
System

Windows 10 Professional or greater

Network
Card

1 GB port

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Graphics
Card

NVIDIA T1000 8 GB or greater (support for 3 or 4 monitors)

Display

Narrow Bezel IPS Display, 2560x1440

Monitor

27” monitor of larger

Web
Browser

Google Chrome (latest version available)

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CommandCentral Aware Statement of Work

Overview

In accordance with the terms and conditions of the Agreement, this Statement of Work (SOW) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions, Inc. (Motorola) system as presented in this offer to Customer. When assigning responsibilities, the phrase “Motorola” includes our subcontractors and third-party partners.

Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement.

Unless specifically stated, Motorola work will be performed remotely. Customer will provide Motorola resources with unrestricted direct network access to enable Motorola to fulfill its delivery obligations.

Motorola’s Project Manager will use the SOW to guide the deployment process and coordinate the activities of Motorola resources.

The scope of this project is limited to supplying the contracted equipment and software as described in the Solution Description and system integration and or subscription services as described in this SOW and contract agreements.

Contract Administration and Project Initiation

After the contract is dually executed, the project is set up in Motorola’s information and management systems, project resources are assigned, and Project Planning activities commence, Motorola and Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon and executed project schedule. Any changes in the project schedule will be mutually agreed upon via change order in order to avert delay.

Completion and Acceptance Criteria

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Motorola’s work is considered complete upon Motorola completing the last task listed in a series of responsibilities or as specifically stated in Completion Criteria. Customer task completion will occur in a way that enables Motorola to complete its tasks without delay.

The Customer will provide Motorola with written notification that it does not accept the completion of a task or rejects a Motorola deliverable within five business days of completion or receipt of a deliverable.

As CommandCentral Aware is provided as a subscription service, the subscription service period will begin upon activation of service.

Note - Motorola has no responsibility for the performance and/or delays caused by other contractors or vendors engaged by the Customer for this project, even if Motorola has recommended such contractors.

Project Roles and Responsibilities

Motorola Roles and Responsibilities

A Motorola team, made up of specialized personnel, will be assigned to the project under the direction of the Motorola Project Manager. Team members will be multi-disciplinary and may fill more than one role.

Team members will be engaged in different phases of the project as necessary.

In order to maximize efficiencies, Motorola’s project team will provide services remotely via teleconference, webconference or other remote method in fulfilling its commitments as outlined in this SOW.

The personnel role descriptions noted below provide an overview of typical project team members. One or more resources of the same type may be engaged as needed throughout the project. There may be other personnel engaged in the project under the direction of the Project Manager.

Motorola has developed and refined its project management approach based on lessons learned in the execution of hundreds of system implementations. Using experienced and dedicated people, industry- leading processes and integrated software tools for effective project execution and control, our practices support the design, production and validation required to deliver a high-quality, feature-rich system.

Project Manager

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A Motorola Project Manager will be assigned as the principal business representative and point of contact for the organization. The Project Manager’s responsibilities include the following:
• Manage the Motorola responsibilities related to the delivery of the project. • Maintain the project schedule and manage the assigned Motorola personnel and applicable subcontractors/supplier resources.
• Manage the Change Order process per the Agreement.
• Maintain project communications with the Customer.
• Identify and manage project risks.
• Manage collaborative coordination of Customer resources to minimize and avoid project delays. • Measure, evaluate and report the project status against the Project Schedule. • Conduct remote status meetings on mutually agreed dates to discuss project status. • Provide timely responses to issues related to project progress.

Solutions Architect

1. The Solutions Architect is responsible for the delivery of the technical and equipment elements of the solution. Specific responsibilities include the following:
• Confirmation that the delivered technical elements and enablement of applications meets contracted requirements.
• Delivery of interfaces and integrations between Motorola products. • Engagement throughout the duration of the delivery.

Customer Success Advocate

A Customer Success Advocate will be assigned to the Customer post Go Live event. As the Customer’s trusted advisor, the Customer Success Advocate’s responsibilities include the following:
• Assist the Customer with maximizing the use of their Motorola software and service investment. • Actively manage, escalate and log issues with Support, Product Management and Sales. • Provide ongoing customer communication about progress, timelines and next steps. • Liaise with the Customer on industry trends and Motorola evolutions.

Customer Support Services Team

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The Customer Support Services team provides ongoing support following commencement of beneficial use of the Customer’s System(s) as defined in the Agreement.

Customer Core Team, Roles and Responsibilities Overview

The success of the project is dependent on early assignment of a Customer Core Team. During the Project Planning review, the Customer will be required to deliver names and contact information for the below listed roles that will make up the Customer Core Team. In many cases, the Customer will provide project roles that correspond with Motorola’s project roles. It is critical that these resources are empowered to make decisions based on the Customer’s operational and administration needs. The Customer Core Team should be engaged from project initiation through beneficial use of the system. The continued involvement in the project and use of the system will convey the required knowledge to maintain the system post-completion of the project. In some cases, one person may fill multiple project roles. The Customer Core Team must be committed to participate in activities for a successful implementation. In the event that the Customer is unable to provide the roles identified in this section, Motorola may be able to supplement Customer resources at an additional price.

Project Manager

The Project Manager will act as the primary Customer point of contact for the duration of the project. The Project Manager is responsible for management of any third party vendors that are the Customer’s subcontractors. In the event that the project involves multiple agencies, Motorola will work exclusively with a single Customer-assigned Project Manager (the primary Project Manager). The Project Manager’s responsibilities include the following:
• Communicate and coordinate with other project participants. • Manage the Customer Project Team, including timely facilitation of efforts, tasks and activities. • Maintain project communications with the Motorola Project Manager. • Identify the efforts required of Customer staff to meet the task requirements and milestones in this SOW and Project Schedule.
• Consolidate all project-related questions and queries from Customer staff to present to the Motorola Project Manager.

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Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products. • Review the Project Schedule with the Motorola Project Manager and finalize the detailed tasks, task dates and responsibilities.
• Measure and evaluate progress against the Project Schedule. • Monitor the project to ensure resources are available as scheduled. • Attend status meetings.
• Provide timely responses to issues related to project progress. • Liaise and coordinate with other agencies, Customer vendors, contractors, and common carriers. • Review and administer change control procedures, hardware and software certification and all related project tasks required to maintain the Project Schedule. • Ensure Customer vendors’ adherence to overall Project Schedule and Project Plan. • Assign one or more personnel who will work with Motorola staff as needed for the duration of the project, including at least one Application Administrator for CommandCentral Aware and one or more representative(s) from the IT department.
• Identify the resource with authority to formally acknowledge and approve Change Orders, approval letter(s) and milestone recognition certificates, as well as approve and release payments in a timely manner.
• Provide Motorola personnel building access (and issue temporary identification to all Customer facilities where system equipment is to be installed during the project. Temporary identification cards are to be issued to Motorola personnel, if required for access to facilities. • Ensure remote network connectivity and access to Motorola resources. • As applicable to this project, assume responsibility for all fees for licenses and inspections and for any delays associated with inspections due to required permits. • Provide reasonable care to prevent equipment exposure to contaminants that cause damage to the equipment or interruption of service.
• Ensure a safe work environment for Motorola personnel. • Provide signatures of Motorola-provided milestone certifications and Change Orders within five business days of receipt.

System Administrator

The System Administrator manages the technical efforts and ongoing tasks and activities of their system, as defined in the Customer Support Plan (CSP).

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Application Administrator(s)

The Application Administrator(s) manage the Customer-owned provisioning maintenance and Customer code tables required to enable and maintain system operation. The Application Administrator’s involvement will start at the Project Kickoff and they will remain engaged throughout the project to ensure they are able to maintain the provisioning post-handoff. The Application Administrator’s responsibilities include the following:
• Participate in overall delivery activities to understand the software, interfaces and functionality of the system.
• Authorize global provisioning choices and decisions, and be the point(s) of contact for reporting and verifying problems and maintaining provisioning.
• Obtain inputs from other user agency stakeholders related to business processes and provisioning.

Subject Matter Experts

The Subject Matter Experts (SMEs or Super Users) are the core group of users involved with the Business Process Review (BPR) and the analysis, training and provisioning process, including making global provisioning choices and decisions. These members should be experienced users in the working area(s) they represent (dispatch, patrol, real time crime center, etc.), and should be empowered to make decisions related to provisioning elements, workflows and screen layouts.

IT Personnel

IT personnel provide required information related to LAN, WAN and wireless networks. They will provide required information about the devices and infrastructure related to servers, clients, radio, video and other devices ancillary to the implementation. They must also be familiar with connectivity to internal, external and third party systems to which the Motorola system will interface.

User Agency Stakeholders

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User Agency Stakeholders, if the system is deployed in a multi-agency environment, are those resources representing agencies outside of the Customer’s agency. These resources will provide provisioning inputs to the Customer Core Team if operations for these agencies differ from that of the Customer. The Customer will manage User Agency Stakeholder involvement, as needed, to fulfill Customer responsibilities.

General Customer Responsibilities

In addition to the Customer Responsibilities stated elsewhere in this SOW, the Customer is responsible for the following:
• All Customer-provided equipment, including hardware and third-party software, necessary for delivery of the system not specifically listed as a Motorola deliverable. This will include end user workstations, network equipment, telephone, radios, cameras, sensors and the like. • Configuration, maintenance, testing and supporting the third-party systems that the Customer operates and will be interfaced as part of this project.
• Providing the Applications Programming Interface (API) or Software Development Kit (SDK) software licenses and documentation that details the integration process and connectivity for the level of custom third-party interface integration defined by Motorola.
• Communication and coordination between Motorola and Customer’s third-party vendors, as required, to enable Motorola to perform its duties.
• Active participation of Customer Core Team in project delivery meetings and working sessions during the course of the project. Customer Core Team will possess requisite knowledge of Customer operations and legacy system(s) and possess skills and abilities to operate and manage the system. • The provisioning of Customer code tables and GIS map services as requested by Motorola. This information must be provided in a timely manner in accordance with the Project Schedule. • Electronic versions of any documentation associated with the business processes identified. • Providing a facility with the computer and audio-visual equipment for work sessions. • Ability to participate in remote project meeting sessions using Google Meet or a mutually agreeable, Customer-provided, alternate remote conferencing solution.

Project Planning and Pre-Implementation Review

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A clear understanding of the needs and expectations of both Motorola and the Customer are critical to the successful implementation and ongoing operation of CommandCentral. In order to establish initial expectations for system deployment and to raise immediate visibility to ongoing operation and maintenance requirements, Motorola will work with the Customer to help understand the impact of introducing a new solution and your preparedness for the implementation and support of the CommandCentral system.

Shortly after contract signing, Motorola will conduct a one-on-one teleconference with the Customer Project Manager to review the task requirements of each phase of the project and help to identify areas of potential risk due to lack of resource availability, experience or skill.

The teleconference discussion will focus on the scope of implementation requirements, resource commitment requirements, cross-functional team involvement, a review of the required technical resource aptitudes and a validation of existing skills and resource readiness in preparation for the Project Kickoff meeting.

Motorola Responsibilities

• Make initial contact with the Customer Project Manager and schedule the Pre-Implementation Review. • Discuss the overall project deployment methodologies, inter-agency/inter-department decision considerations (as applicable), and third-party engagement/considerations (as applicable). • Discuss Customer involvement in system provisioning and data gathering to understand scope and time commitment required.
• Discuss the Learning eXperience Portal (LXP) training approach. • Obtain mutual agreement of the Project Kickoff meeting agenda and objectives. • Review the Implementation Packet.
• Coordinate enabling designated Customer Application Administrator with access to the LXP and CommandCentral Admin Portal.

Customer Responsibilities

• Provide Motorola with the names and contact information for the designated LXP and application administrators.
• Acknowledge understanding of the Implementation Packet.

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CommandCentral Enablement

The Customer will work with Motorola on setup and configuration of the Customer’s firewall in order to allow traffic from CommandCentral.

Agency and User Setup

The Customer’s agency(ies) and CommandCentral users must be provisioned within the CommandCentral cloud platform using the CommandCentral Admin application. The provisioning process allows the agency(ies) to define the specific capabilities and permissions of each user.

Motorola Responsibilities

• Use the CommandCentral Admin application to establish the Customer and the Customer’s agency(ies) within the CommandCentral cloud platform. This activity is completed during the order process. • Provision agency’s CommandCentral initial users and permissions.

Customer Responsibilities

• Identify a System Administrator(s).
• Ensure all System Administrators complete the CommandCentral Admin training. • Use the CommandCentral Admin application to set up CommandCentral administration and user passwords, and provision agency’s CommandCentral users and permissions.

Completion Criteria

Initial agencies and users have been configured.

Project Kickoff

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The purpose of the project kickoff is to introduce project participants and review the overall scope of the project.

Motorola Responsibilities

• Conduct a project kickoff meeting.
• Validate that key project team participants attend the meeting. • Introduce all project participants.
• Review the roles of the project participants to identify communication flows and decision-making authority between project participants.
• Review the overall project scope and objectives.
• Review the resource and scheduling requirements.
• Review the teams’ interactions (meetings, reports, milestone acceptance) and Customer participation. • Verify that Customer Administrator(s) (as defined during Pre-Implementation Review) have access to the LXP and CommandCentral Admin application.
• Obtain from Customer all paperwork and/or forms (i.e. fingerprints, background checks, card keys and any other security requirement) required of Motorola resources to obtain access. • If third-party interfaces are selected, request API, SDKs, data schema and any internal and third-party documents to establish interfaces with local and remote systems.

CustomerResponsibilities

• Validate that key project team participants attend the meeting. • Introduce all project participants.
• Review the roles of the project participants to identify communication flows and decision-making authority between project participants.
• Provide VPN access to Motorola staff to facilitate delivery of services described in this SOW. • Validate that any necessary non-disclosure agreements, approvals and other related issues are complete in time so as not to introduce delay in the project schedule. Data exchange development must adhere to third-party licensing agreements.

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Contract Design Review (CDR)

Contract Design Review

The objective is to review the contracted applications, project schedule, bill of materials, functional demonstration approach, validation plan and contractual obligations of each party. Any changes to the contracted scope can be initiated via the change provision of the Agreement.

Motorola Responsibilities

• Review the contract exhibits: Solution Description, Statement of Work and Project Schedule. • Review the technical, environmental and network requirements of the system. • If Motorola is providing hardware, request shipping address and receiver name. • Provide completed paperwork, provided to Motorola during project kickoff that enables Motorola resources to obtain site access.
• Review the information in the complete Implementation Packet. • Grant Customer Administrator access to CommandCentral Admin application. • Grant Customer LXP Administrator access to the LXP .
• Generate a CDR Summary report documenting the discussions, outcomes and any required change orders.

Customer Responsibilities

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Completion Criteria

Delivery of CDR Summary report.

Environmental Design Considerations

The following environmental requirements must be met by Customer no later than the completion of the CDR in order to enable Motorola to complete installation activities presented in this SOW:
• Provide connectivity between the various networks.
• Provide VPN remote access for Motorola deployment personnel to configure the system and for Customer Support to conduct diagnostics.
• Provide backup power, as necessary.
• Provide Internet access to CommandCentral Aware server(s). This includes software licenses and media and installation support from the Customer’s IT personnel. • Provide for any electrical or infrastructure improvements required at the Customer’s facility. • Provide backhaul equipment, installation and support costs. • Provide devices such as workstations, tablets and smartphones with Internet access in order to use the CommandCentral Aware solution. Chrome Browser is required for optimal performance.

CommandCentral Aware workstations must support MS Windows 10 Enterprise or greater. Customer will provide Antivirus software for the CommandCentral Aware client. • Existing APX subscribers will be at software version R15.00.00 or later and equipped with GPS and IV&D options in order to use the Location on PTT feature. • Provide Motorola access with administrative rights to Active Directory for the purpose of installation/ configuration and support.

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Hardware/Software Installation and Configuration

Motorola Responsibilities

• Procure contracted equipment in accordance with the equipment list. • Arrange for shipping to the Customer’s location.
• Notify Customer of equipment shipping specifics and ETA for arrival.

Customer Responsibilities

• Receive and store Motorola provided hardware.

Completion Criteria

Equipment order is completed and ready to be shipped to Customer.

CloudConnect Installation and Configuration

Motorola Responsibilities

• Verify remote access capability.

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Customer Responsibilities

• If Customer is providing hardware, install Cloud Anchor Server in Customer’s existing equipment rack and conduct a power on test demonstrating its availability to Motorola to commence with software installation and configuration activities.
• Give Motorola two static IP addresses, corresponding subnet masks/default gateway, and available NTP and DNS IP to the CloudConnect Server.

Completion Criteria

CloudConnect Virtual Machine configuration is complete.

Interfaces and Integration

The installation, configuration and demonstration of interfaces may be an iterative series of activities depending upon access to third-party systems. Interfaces will be installed and configured in accordance with the project schedule. Integrations of functionality between Motorola developed products will be completed through software installation and provisioning activities in accordance with the Project Schedule dates. Integration activities that have specific requirements will be completed as outlined in this SOW.

Interface Installation and Configuration

Installation and configuration of interfaces will be completed in accordance with the System Description.

Connectivity will be established between the Motorola system and the external and/or third party systems to which the contracted software will interface. Motorola will configure the system to support each

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Motorola Responsibilities

• Establish connectivity to external and third-party systems. • Configure interfaces to support the functionality described in the Solutions Description. • Demonstrate the interface usability in accordance with the Project Validation Plan.

Customer Responsibilities

• Act as liaison between Motorola and third-party vendors or systems as required to establish interface connectivity with the Motorola system.
• Provide personnel who are proficient with and authorized to make changes to the network and third- party systems to support Motorola’s interface installation efforts. • Provide network connectivity between CommandCentral Solution and the third-party systems for interface installation and configuration. Act as liaison between Motorola and third-party vendors or systems as required to establish connectivity with CommandCentral Solution.

Completion Criteria

Interface and integration tasks are considered complete upon demonstration of the functionality.

Unknown circumstances, requirements and anomalies at the time of initial design can present difficulties in interfacing CommandCentral Solution to some third-party applications.

These difficulties could result in a poorly performing or even a non–functional interface. At such time that Motorola is provided with information and access to systems, Motorola will be able to mitigate these difficulties. If Motorola mitigation requires additional third-party integration, application upgrades, API upgrades and/or additional software licenses, those costs will need to be addressed through the change provision of the contract.

CommandCentral Solution Geospatial Mapping Configuration

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Motorola Responsibilities

• Installation and configuration of the connection to the Customer-provided mapping system (ArcGIS Online, ESRI ArcGIS Server or ArcGIS Portal).
• Validate mapping layers and links to validate CommandCentral Solution is accessing and using Customer-published GIS data.

Customer Responsibilities

• Provide access to ESRI/GIS system and/or GIS personnel. • Provide published GIS map services.
• Publish specific maps beneficial to the Customer analysts.

Public Private Partnership - Protected Places

Public Private Partnership - Protected Places is a program for community businesses, organizations or individuals to register their security cameras with {{Customer name}}. In the case of an emergency, access to relevant video footage can provide your first responders with vital information that increases response times and improves efficiency.

The program includes a website portal branded to your agency that allows the community to learn about the program, purchase video streaming appliances via e-commerce and register their locations and agree to terms for camera sharing with public safety.

Motorola Responsibilities:

• Assign an overall coordination PM.
• Design Workshop kickoff meeting
• Post kickoff, send a copy/image updating guideline
• Help coordinate domain registration
• Schedule a deployment kickoff meeting.

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Customer Responsibilities:

• The customer is required to provide project management and executive support to coordinate the deployment of the Protected Places program, including:
• Community marketing to create a customer branded registration experience. • Customer must supply the following information to complete the registration page for their agency:
• Images for the website
• Copy for the website
• Identify a primary deployment contact and key stakeholders to sign off on design and deployment. • Community marketing to create a customer branded registration experience. • Customer must supply the following information to complete the registration page for their agency:
• Images for the website
• Copy for the website
• Provide the staff and focus to market to the community about the program (Motorola will not market to the community on behalf of the agency).
• Community marketing to create a customer branded registration experience. • Customer must supply the following information to complete the registration page for their agency:
• Images for the website
• Copy for the website
• Provide branding/styling/color guidelines for the agency portal. These tasks must be completed within six weeks of the Protected Places kickoff meeting. Any tasks not completed by that time will be considered a change request and charged accordingly.
• Registration page logo

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MOU agreement will be facilitated with the business as part of the registration of a streaming solution, requiring they agree to the terms to complete the video streaming integration. • Train administrators and employees with training materials provided by Motorola.] • Ensure compliance with all applicable laws and regulations pertaining to the personal data received from video streaming.

CommandCentral Solution Provisioning

Motorola will discuss industry best practices, current operations environment and subsystem integration in order to determine the optimal configuration for CommandCentral Solution.

Motorola Responsibilities

• Using the CommandCentral Admin application, provision users and groups based on Customer Active Directory data.

Customer Responsibilities

• Supply the access and credentials to Customer’s Active Directory for the purpose of Motorola conducting CommandCentral Solution provisioning.
• Respond to Motorola inquiries regarding users/groups/agency mapping to CommandCentral Solution functionality.

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Completion Criteria

CommandCentral Solution provisioning is complete upon Motorola completing provisioning activities.

Functional Demonstration

The objective of functional demonstration is to validate Customer access to the CommandCentral features and functions and system integration via configured interfaces (as applicable).

Motorola Responsibilities

• Update functional demonstration script.
• Provide script to Customer for review and acknowledgement. • Conduct functional demonstration.
• Correct any configuration issues impacting access to cloud based features (i.e., map display, location updates, video display and/or interface and integrations). • Document, in the Implementation Packet, any corrective actions taken by Customer or Motorola during the demonstration
• Provide Customer instruction on using the Customer Feedback Tool for feature/enhancement requests.

Customer Responsibilities

• Review and agree to the scope of the demonstration script. • Witness the functional demonstration and acknowledge its completion. • Resolve any provisioning impacting the functional demonstration.

Completion Criteria

Conclusion of the functional demonstration.

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CommandCentral Training

The objective of this task is to prepare for and deliver the contracted training. Motorola training consists of both computer-based (online) and instructor-led. Training delivery methods vary depending on course content and offer.

Learning eXperience Portal (LXP Online Training)

This subscription service provides you with continual access to our library of online learning content and allows your users the benefit of learning at times convenient to them. Content is added and updated on a regular basis to keep information current. This training modality allows the Customer to engage in training when convenient. All training, unless explicitly specified and defined, is online, computer-based, self- paced learning.

Motorola Responsibilities

• Designate a LXP Administrator to work with the Customer. • Establish an accessible instance of the LXP for the Customer. • Organize content to align with the Customer’s selected technologies. • Create initial Customer user accounts and a single Primary Administrator account. • During on-boarding, assist the Customer with LXP usage by providing training and job aids as needed. • Provide technical support for user account and access issues, base system functionality and Motorola- managed content.

Customer Responsibilities

• Provide user information for the initial creation of accounts. • Provide network and internet connectivity for the Customer’s users to access the LXP . • The customer's primary LXP administrator should complete the following self-paced training: Learning Experience Portal (LXP) Introduction online course (LXP0001), LXP Primary Site Administrator Overview online course (LXP0002) and LXP Group Administrator Overview (LXP0003).

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Instructor-Led Training Motorola Responsibilities

Motorola Responsibilities

• Deliver training materials in electronic format.
• Deliver Remote Training.
• Provide Customer with training attendance rosters and summarize any pertinent observations.

Customer Responsibilities

• Supply classroom, one login per attendee and one workstation per attendee. • Designate a single point of contact who will work with Motorola to ensure the training environment is ready for training delivery.
• Facilitate training of all Customer end users in accordance with Customer’s training delivery plan.

Completion Milestone

Following the conclusion of the delivery of the functional demonstration, the project is considered complete and the completion milestone will be recognized.

Transition to Support and Customer Success

Customer Success is the main point of contact as you integrate this solution into your agency’s business processes. Our Customer Support team will be the point of contact for technical support concerns you might have and can be reached either by phone or by emailing support.

Motorola Responsibilities

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Customer Responsibilities

• Provide Motorola with specific contact information for those users authorized to engage Motorola’s support.
• Engage the Motorola support organization as needed.

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OVERVIEW
This Statement of Work (“SOW”) defines the principal activities and responsibilities of all parties for enabling access to Motorola Solutions’ Learning eXperience Portal (“LXP”) with a Learning Subscription. The LXP will be accessible once the Customer is on- boarded within the system and both parties have fulfilled their responsibilities noted below. It will remain available through the contracted term.

This SOW, including all of its subsections and attachments, is an integral part of the Subscription Services Agreement or other signed agreement (“Agreement”) between Motorola Solutions, Inc. (“Motorola Solutions”) and the Customer (“Customer”) and is subj ect to the terms and conditions set forth in the Agreement.

DESCRIPTION OF SERVICE
Motorola Solutions provides access to an agency -specific version of the LXP as part of the Learning Subscription.

The Learning Subscription consists of technology -specific hubs. The LXP serves as a Learning Management System (“LMS”), providing the Customer with a central repository for training content. Motorola Solutions and the Customer will take the actions described in Section 1.5: Motorola Solutions Responsibilities and Section 1.7:

Customer Responsibilities to establish and maintain the Learning Subscription for the Customer.

DEFINITIONS
Learning eXperience Portal (“LXP”) - An agency-specific learning platform that is administered autonomously for the duration of this agreement.

Learning Subscription - Includes access to the LXP and access to a technology -specific hub.

Online Content - Includes multiple types of digital instruction in which the learning material is presented via the internet. Online content can be enrolled in, completed, and tracked via the system.

Instructor Led/Virtual Instructor Led Content - A live session conducted by a Motorola Solutions or Customer instructor. The LXP will be used to schedule the session, enroll users for it, and track users’ progress.

Learning Path - A set of pages used to navigate and display content. This content can be grouped by role, phase, or another grouping that learners and managers can use to assist in planning curriculum.

Group - A more granular segmentation of LXP users for the purpose of content access and management.

Account Management - The act of loading individual user account details into the Motorola Solutions authentication system and using this to allow the Customer access to the LXP.

Primary Administrator - The individual responsible for coordinating group administrators, organizing users, and setting up a custom site header image. The Customer may use a unique Customer -provided image, like a County seal or badge, as the site header image. The Primary Administrator is provided by the Customer.

Group Administrator - Individuals that can edit the list of users included in groups and determine individual content assignments. They will have access to user activity reports. The Group Administrator is provided by the Customer.

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Motorola Solutions Hub - Training and documentation created and maintained by Motorola Solutions. Motorola Solutions Hub content is accessed through the LXP. By subscribing, a user has access to a technology -specific hub.

Bring your own Training (“BYOT”) - Training and documentation content that are created and maintained by the Customer.

LMS Administrator - A Motorola Solutions Worldwide Education employee assigned to assist the Customer’s administrators with LXP usage. This person is also responsible for any non- Customer enabled activities like setting up LXP Publisher that was provided by the Customer.

LXP Publisher - individual who can upload, manage and archive BYOT content. The LXP Publisher is provided by the Customer.

SCOPE
This service includes unlimited access to Motorola Solutions’ LXP for the subscription duration. The LXP is a central tool for administering training courses and providing teams with easy access to learning content and documents they need to perform their role. The Customer will receive the Learning Subscription, which will include Motorola Solutions technology -specific training content organized in a Hub. The Customer may supplement this content with additional courses created by the Customer.

Here are the actions Motorola Solutions take to support the Customer:
• Hosting LXP content in Chicago, and backing that content up regularly. • Providing 24/7 access to Motorola Solutions’ Customer Managed Support Operations (“CMSO”). A Motorola Solutions representative will log the Customer’s support requests in Motorola Solutions’ Case Management System.
• Providing security patches, as they are developed, to maintain LXP server integrity. • In the event of a failure, implementing disaster recovery for the system.

Motorola Solutions will perform regularly scheduled maintenance, during which the LXP will be unavailable.

MOTOROLA SOLUTIONS RE SPONSIBILITIES
• Designate a LMS Administrator to work with the Customer. • Establish an instance of the LXP for the Customer.
• Organize content to align with the Customer’s selected technologies. • Create initial Customer user accounts and a single Primary Administrator account. • During on-boarding, assist the Customer with LXP usage by providing training and job aids as needed. • Create and maintain user role Learning Paths defined by the Customer. • Install security patches when available.
• Perform scheduled maintenance. The LXP will alert the Customer 48 hours in advance of scheduled maintenance.
• Provide technical support for user account and access issues, base system functionality, and Motorola Solutions-managed content. Section 1.8: Technical Support Incident Priority Levels and Restoration Times describes technical support priorities.
• Monitor the Learning Subscription server. Provide support for server incidents in accordance with the priority levels defined in Section 1.8: Technical Support Incident Priority Levels and Restoration Times.

QUOTE-2599089

LIMITATIONS AND EXCL USIONS
The following activities are outside the scope of Motorola Solut ions’ responsibilities for this service:
• Creating or maintaining unique Customer BYOT Content. • Providing updates or access to the Customer’s published files and source files. • Assisting the Customer with adapting or adjusting Customer -provided content for use as BYOT Content on the LXP.
• Motorola Solutions is not responsible for the BYOT content provided by the Customer. • Gathering, tracking, or maintaining users’ Personally Ident ifiable Information (“PII”) data, apart from data gathered to support access to Motorola Solutions training and documentation. This data includes: name, email address, company name, company location, and phone number. • The Customer will only receive access to transcripts and user reports provided through the user interface.

Other types of data reporting will not be available to Customers.

CUSTOMER RESPONSIBIL ITIES
• Provide user information for initial creation of accounts. • Provide network and internet connectivity for the Customer’s users to access the LXP. • Complete the onboarding tutorials for LXP end users in all the roles. • Order and maintain subscription to access Motorola Solutions’ LXP. • Contact Motorola Solutions to engage Technical Support when needed. Acknowledge that incidents will be handled in accordance with the priority definitions and times included in Section 1.8: Technical Support Incident Priority Levels and Restoration Times.
• Remove your BYOT content from the system within 60 days after the end of the term. Motorola Solutions will be archiving your BYOT content 60 days after the end of term and will not be responsible for producing Customer content after that date.

QUOTE-2599089

TECHNICAL SUPPORT INCIDENT PRIORITY LEVE LS AND RESOLUTION TIMES Priority Example Target
Response Times
Resolution
Times
Urgent A widespread outage of the system. Any
problem where more than 5 users are
unable to complete learning modules due
to widespread outages.
1 hour 4 hours
High A situation which affects 1 to 5 users, no
workaround available. For example, site
outage due to technical issue within the
LMS which means 1 to 5 users cannot
access the learning module.
1 business day 2 business days
Normal A situation which affects fewer than 5
people where a workaround is available.

For example, site is still functioning but for
fewer than 5 people and there are issues
which prevent learners accessing
individual progress reports.
2 business days 5 business days
Low No effect on learners accessing the
system. For example, request to add an
LMS plugin such as the quiz module.
2 business days 2 weeks

YOUR CONTENT
You may upload Content to the Service in connection with Your use of the Service. The purpose is to host technology training that supports your Motorola Solutions ecosystem and not to host compliance training or competitors’ training.

Motorola does not verify, endorse, or claim ownership of any Content, and You retain all right, title, and interest in and to the Content. Your Content and the Content of Participants may be stored on Motorola’s servers at Your request, as necessary for Motorola to provide the Service. You are solely responsible for making and keeping backup copies of Content. Motorola shall use commercially reasonable efforts to block the uploading of Content to the Service that contains viruses detected by using industry standard virus detec tion software. Except as provided herein, Motorola has no responsibility or liability for the deletion or accuracy of Content, the failure to store, transmit or receive transmission of Content (whether or not processed by the Service), or the security, pri v acy, storage, or transmission of other communications originating with or involving use of the Service. Certain features of the Service enable you to specify the level at which such Service restricts access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content.

YOUR REPRESENTATIONS AND WARRANTIES REGARDING CONTENT

You represent and warrant that (a) You are the owner, licensor, or authorized user of all Content; and (b) You or your authorized user will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that:
(i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Motorola, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about Your identity or the origin of a message or other communication, or impersonates or

QUOTE-2599089

MOTOROLA ACCESS TO CONTENT
You acknowledge that the Service is automated (e.g., Content is uploaded using software tools) and that Motorola personnel will not access, view, or listen to any Content, except as reasonably necessary to perform the Service, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by Motorola in good faith to conform to legal requirements or comply with legal process; or (d) enforce this Agreement, including investigation of potential violations hereof, as further described in Section 3.4 (Investigations).

WIND DOWN OF SUBSCRIPTION SOFTWARE
In addition to the termination rights in the MCA, Motorola may terminate any Ordering Document and Subscription Term, in whole or in part, in the event Motorola plans to cease offering the applicable Learning Subscription or Service to customers.

MODIFICATIONS
In addition to other rights to modify the Products and Services set forth in the MCA, Motorola may modify the Learning Subscription, any associated recurring Services and any related systems so long as their functionality (as described in the applicable Ordering Document) is not materially degraded. D ocumentation for the Learning Subscription may be updated to reflect such modifications. For clarity, new features or enhancements that are added to any Learning Subscription may be subject to additional Fees.

QUOTE-2599089

QUOTE
JBC Electronics INC
1048 N. Walnut St.

La Habra Heights, CA
DATE: 11/26/2024
[email protected]

TO Cathedral City Fire Department
32100 Desert Vista
Cathedral City, CA 92234
Attn: Nathan Kidd

JOB PAYMENT TERMS EXPIRATION DATE
Cathedral City FD Installation 07/31/2025

QTY DESCRIPTION UNIT PRICE LINE
TOTAL
15 Installation of 15 Motorola mobile radios $1,200 $18,000 15 Installation of 15 mobile transceivers
replacing current transceivers.

Included Included
15 Installation of 15 mobile control heads
replacing existing control heads
Included Included
15 Installation of 15 antennas replacing the
current antennas
Included Included
15 Wire electrical from vehicle power to
mobiles
Included Included
15 Wire mobile s to headset system Included Included
15 Removal of all current equipment Included Included

Labor to install and program radio components = $18,000.00* All charges will be for labor and therefore have no sales tax included*

TOTAL $18,000.00

DEFINITION FY 23/24 RATE FY 24/25 RATE UNIT BUDGET
ACCOUNT ACCOUNT DESCRIPTION
Device ‐ Emergency radio
Monthly charges for the base consolette,
consoles, mobile, portable radio unit and
critical connect device
$27.37 $25.40 Per Device per Month 520360 County Radio Systems Device ‐ Holiday radio
Monthly charges for the base consolette,
consoles, mobile, portable radio unit and
critical connect device
Refer to Use
Agreement
Refer to Use
Agreement Per Device per Month 520360 County Radio Systems Device ‐ Communication device
Monthly charges for the base consolette,
consoles, mobile, portable radio unit and
critical connect device
$136.83 $126.99 Per Device per Month 520360 County Radio Systems Device ‐ Incentive radio
Monthly charges for the base consolette,
consoles, mobile, portable radio unit and
critical connect device
$102.62 $126.99 Per Device per Month 520360 County Radio Systems Vehicle Repairs Material and Shipping Actual Cost (Shipping & Materials) 521580 Maint‐Radio Elec Equipm ent Technician Expert Time ‐ REG (during
business hours)
Technician Expert time (REG) to cover work
done outside of PSEC Use Agreement $78.52 $80.78 Per Hour 520360 Technician Services Technician Expert Time ‐ OT (after
business hours)
Technician Expert Overtime to cover work
done outside of PSEC Use Agreement $83.88 $84.33 Per Hour 520360 Technician Services Rack Set rate for monthly full rack mount charge $523.56 $567.46 Pe r Month 520280 Site Half Rack Set rate for monthly half rack mount charge $261.78 $283 .73 Per Month 520280 Site Floor Space Set rate for monthly square footage charge
excluding rack space $523.56 $567.46 Per Month 520280 Site Antenna Mounted Lower Set rate for monthly LMR antenna lower $300 .00 $300.00 Position of the antenna per month 520280 Site
Antenna Mounted Middle Set rate for monthly LMR antenna middle $6 00.00 $600.00 Position of the antenna per month 520280 Site
Antenna Mounted Top Set rate for monthly LMR antenna top $900.00 $ 900.00 Position of the antenna per month 520280 Site
Microwave Connection Monthly charge per connection for
microwave transmission N/A $336.37 Per Month 520280 Microwave Mile‐T1 Monthly charge per T1 circuit mile $13.74 N/A Per mile per month 520280 Microwave Mile‐Analog Monthly charge per analog circuit mile for
microwave transmission $0.89 N/A Per mile per month 520280 Microwave Application Fee Application fee for FCC licensing or for permits Actual Cost Actual Cost Per application 523220 Licenses And Permits Engineering Expert Time ‐ REG (during
business hours)
Engineering Expert Time (REG) to cover
work done outside of PSEC Use Agreement $122.79 $127.19 Per Hour 524820 Engineering Services Engineering Expert Time ‐ OT (after
business hours)
Engineering Expert Overtime to cover work
done outside of PSEC Use Agreement $135.31 $135.68 Per Hour 524820 Engineering Services Microwave and Site
Technology Engineering
PUBLIC SAFETY ENTERPRISE COMMUNICATIONS
FY 24/25 Riverside County PSEC Rate Guide
Subscriber
Vehicle
Technician
11/20/2023 4:34 PM A ‐ Rate Guide
Staff Report
City Council
Item No. 5.F
Meeting Date: December 11, 2024
From: John A. Corella, Director Public Works
Title: Award a Construction Contract to Hardy and Harper, Inc. for the FY 2024-2025 City Streets Pavement Reconstruction Projects RECOMMENDATION:

To award a construction contract to Hardy and Harper, Inc. in the amount of $1,432,000.00 for the fiscal year (FY) 2024-2025 City Streets Pavement Reconstruction Projects at Shifting Sands Trail (C08688), Sky Blue Water Trail (C08689), 33rd Avenue (C08690), Ventura Drive (C08691), and Avenida Quintana (C08692); and, approve a fifteen percent (15%) contingency in the amount of $214,800.00 for unforeseeable construction costs, thereby bringing the total to $1,646,800.00; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

BACKGROUND:

In May of 2023, Cathedral City’s Engineering Department adopted a pavement management program (PMP) to aid in monitoring, maintaining, and rehabilitating the street network in the city. The PMP provides a dynamic, continually updating pavement condition index (PCI) for all streets across the city. The PCI value ranges from zero to one hundred (0-100) and categorizes street sections as very good, good, fair, poor, and very poor based on their value.

This system aids in deciding which streets are the most optimal and cost effective to receive treatment with available budget.

Based on funding availability and the data analyzed in the city’s PMP, city staff determined the following streets as the most appropriate to receive pavement rehabilitation:
•Shifting Sands Trail from 33 rd Avenue to Whispering Palms Trail (PCI = 42) •Sky Blue Water Trail from 33 rd Avenue to Dinah Shore Drive (PCI = 29) •33 rd Avenue (C08690) from Shifting Sands Trail to Cathedral Canyon Drive (PCI = 32) •Ventura Drive from Peineta Road to Verona Road (PCI = 58) •Avenida Quintana from Vista Chino to Verona Road (PCI = 57) On February 28, 2024, City Council approved Resolution 2024-10 adopting the City’s FY 2024-2025 Capital Improvement Project (CIP) Plan's projects funded by Senate Bill 1 (RMRA/SB-1) and approved a list of CIP projects, including Project 11: Whitewater Area Street Rehabilitation. Project 11 includes segments of Shifting Sands Trail, Sky Blue Water Trail, and 33rd Avenue, listed above as three out of five streets proposed for rehabilitation.

On May 8, 2024, the City Council approved the FY 2024-2025 Community Development Block Grant (CDBG) annual action plan (AAP) which also includes funding for Whitewater Area Street Rehabilitation. The Whitewater Area includes segments of Shifting Sands Trail, Sky Blue Water Trail, and 33rd Avenue, listed above as three out of five streets proposed for rehabilitation.

DISCUSSION:

On Sunday, November 3, 2024, the city advertised the invitation to bid, requesting qualified contractors to perform the scope of work described in Bid No. B24-74E, which includes the Plans and Specifications for these Projects. The bid specifications include an additive alternate for lowering and raising to grade Coachella Valley Water District’s (CVWD) facilities.

The bid solicitation was made available to contractors for seventeen (17) calendar days and advertised in the following locations:
•Desert Sun- Published on November 3, 2024
•PlanIt Print Works- From November 4, 2024, until November 20, 2024 •City’s Website- From November 4, 2024, until November 20, 2024 On November 20, 2024, the City received eight (8) bid proposals for these Projects. The following table ranks each qualified bidder by the total combined of the base bid and selected alternate bid price:

RANK CONTRACTOR AMOUNT
1 Hardy and Harper, Inc. – Lake Forest, CA $ 1,432,070.00 2 Matich Corporation – San Bernardino, CA $ 1,521,495.00 3 Martin Marietta San Diego Aggregates LLC – San Diego, CA $ 1,527,553.43 4 Vance Corporation – Beaumont, CA $ 1,560,879.07
5 All American Asphalt – Corona, CA $ 1,585,615.90
6 Onyx Paving Company, Inc. – Anaheim, CA $ 1,634,000.00 7 Calmex Engineering, Inc. – Bloomington, CA $ 1,706,606.75 8 Granite construction Company – Indio, CA $ 1,756,000.00 The bid tabulation prepared by the Engineering Division is attached to this report for reference.

CVWD approved the cost and authorized the city to proceed with the additive alternate of the project. A full reimbursement agreement with CVWD’s for the additive alternate will be executed upon council approval of this staff report.

Based on the bids received and CVWD’s decision to accept the additive alternate, the lowest responsible bidder whose combined base bid and selected alternates yield the lowest total contract price is Hardy & Harper, Inc. from Lake Forest, CA.

Engineering staff is recommending the City Council award a construction contract to Hardy and Harper, Inc. in the amount of $1,432,000.00 for the FY 2024-2025 City Streets Pavement Reconstruction Projects at Shifting Sands Trail (C08688), Sky Blue Water Trail (C08689), 33rd Avenue (C08690), Ventura Drive (C08691), and Avenida Quintana (C08692); and, approve a fifteen percent (15%) contingency in the amount of $214,800.00 for unforeseeable construction costs, thereby bringing the total to $1,646,800.00; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

All work will be performed within the existing City right-of-way. Construction is expected to start in January 2025 and is estimated to be completed by March 2025.

Environmental Analysis:

These Projects are categorically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 24CFR58.35 (a)(1) and Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15301 for “Existing Facilities”.

FISCAL IMPACT:

Whitewater Area Street Rehabilitation Projects
Shifting Sands Trail and Sky Blue Water Trail from Dinah Shore Drive to 33 rd Avenue, and 33rd Avenue from Shifting Sands Trail to Cathedral Canyon Drive, are programmed in the FY 2024/2025 Capital Improvements Program (CIP) Budget to be funded with RMRA/SB 1 funds, and CDBG funds.

Rio Vista Area Street Rehabilitation Projects
Ventura Drive from Peineta Road to Verona Road and Avenida Quintana from Vista Chino to Verona Road will be funded with available Assessment District (AD) 96-1 Funds.

The Bid Opening for these Projects was held on November 20, 2024, with the lowest combined base bid and additive alternate bid price in the amount of $1,432,000.00. The budget required for the construction of these Projects will include the bid amount and a 15% contingency, in the amount of $214,800.00, thereby bringing the total construction budget for these Projects to $1,646,800.00, as shown below.

Hardy & Harper, Inc. $1,432,000.00
12% Contingency $241.800.00
Construction Total $1,646,800.00

FISCAL YEAR DESCRIPTION

GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE AMOUNT ONE TIME or

ONGOING
2024-2025 RMRA/SB-1 248-100-150-
156-8800-8802
C08688
C08689
C08690
$697,800 One Time
2024-2025 CDBG 251-100-150-
156-8800-8802
C08688
C08689
C08690
$461,000 One Time
2024-2025 Assessment
District 96-1
348-100-150-
156-8800-8802
C08691
C08692 $488,000 One Time
2024-2025 Total $1,646,800
FIVE-YEAR STRATEGIC PLAN:

Goal-B: Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

B-15: Develop a 5-Year pavement maintenance strategy and funding plan to achieve a citywide Pavement Quality Index that ranks in the Top 3 of Coachella Valley cities.

ATTACHMENTS:

1. 2024-2025 City Streets Pavement Reconstruction Projects – Vicinity Map

2. 2024-2025 City Streets Pavement Reconstruction Projects - Bid Tabulation

3. 2024-2025 City Streets Pavement Reconstruction Projects – Contract

4. CDBG 2024-2025 Annual Action Plan Staff Report

5. Resolution 2024-10 (SB-1)
2024-2025 City Streets Pavement Reconstruction
Projects LocationBid Opening: November 20, 2024Funding Sources: Assessment District 96-1CDBG / RMRA/SB-1

1 MOBILIZATION LS 1 15,000.00$ 15,000.00$ 20,000.00$ 20,000.00$ 8,850.00$ 8,850.00$ 14,158.75$ 14,158.75$ 4,200.00$ 4,200.00$ 2 TRAFFIC CONTROL LS 1 15,000.00$ 15,000.00$ 34,000.00$ 34,000.00$ 35,120.00$ 35,120.00$ 6,729.09$ 6,729.09$ 15,000.00$ 15,000.00$ 3 SIGNING AND STRIPING LS 1 5,000.00$ 5,000.00$ 4,000.00$ 4,000.00$ 4,070.00$ 4,070.00$ 5,450.68$ 5,450.68$ 3,904.00$ 3,904.00$ 4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 109,035 0.75$ 81,776.25$ 0.70$ 76,324.50$ 0.75$ 81,776.25$ 0.40$ 43,614.00$ 0.65$ 70,872.75$ 5 CONSTRUCT 3" TYPE III C-3 PG 70-10 AC PAVEMENT
SECTION TON 2,044 125.00$ 255,500.00$ 120.00$ 245,280.00$ 107.00$ 218,708.00$ 114.57$ 234,181.08$ 135.00$ 275,940.00$ 6 REMOVE AND DISPOSE EXISTING CURB RAMP EA 4 3,000.00$ 12,000.00$ 2,600.00$ 10,400.00$ 2,080.00$ 8,320.00$ 3,025.59$ 12,102.36$ 8,000.00$ 32,000.00$ 7 CONSTRUCT CURB RAMP PER CALTRANS
STANDARD PLAN A88A (MODIFIED; SEE PLANS) EA 4 4,000.00$ 16,000.00$ 6,900.00$ 27,600.00$ 6,250.00$ 25,000.00$ 8,847.97$ 35,391.88$ 8,200.00$ 32,800.00$ 400,276.25$ 417,604.50$ 381,844.25$ 351,627.84$ 434,716.75$ 1 MOBILIZATION LS 1 15,000.00$ 15,000.00$ 18,000.00$ 18,000.00$ 8,850.00$ 8,850.00$ 14,124.00$ 14,124.00$ 4,200.00$ 4,200.00$ 2 TRAFFIC CONTROL LS 1 15,000.00$ 15,000.00$ 33,000.00$ 33,000.00$ 33,845.00$ 33,845.00$ 6,760.00$ 6,760.00$ 15,000.00$ 15,000.00$ 3 SIGNING AND STRIPING LS 1 5,000.00$ 5,000.00$ 3,200.00$ 3,200.00$ 3,240.00$ 3,240.00$ 4,599.22$ 4,599.22$ 3,112.00$ 3,112.00$ 4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 98,892 0.75$ 74,169.00$ 0.70$ 69,224.40$ 0.80$ 79,113.60$ 0.43$ 42,523.56$ 0.65$ 64,279.80$ 5 CONSTRUCT 3" TYPE III C-3 PG 70-10 AC PAVEMENT
SECTION TON 1,855 125.00$ 231,875.00$ 120.00$ 222,600.00$ 107.00$ 198,485.00$ 106.91$ 198,318.05$ 135.00$ 250,425.00$ 6 REMOVE AND DISPOSE EXISTING CURB RAMP
AND ALL CONCRETE FROM ECR TO BCR EA 4 3,000.00$ 12,000.00$ 2,600.00$ 10,400.00$ 2,080.00$ 8,320.00$ 3,025.59$ 12,102.36$ 8,000.00$ 32,000.00$ 7 CONSTRUCT CURB RAMP PER CALTRANS
STANDARD PLAN A88A (MODIFIED; SEE PLANS) EA 4 4,000.00$ 16,000.00$ 6,900.00$ 27,600.00$ 6,250.00$ 25,000.00$ 8,847.97$ 35,391.88$ 8,200.00$ 32,800.00$ 369,044.00$ 384,024.40$ 356,853.60$ 313,819.07$ 401,816.80$ 1 MOBILIZATION LS 1 15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ 8,850.00$ 8,850.00$ 8,872.00$ 8,872.00$ 4,200.00$ 4,200.00$ 2 TRAFFIC CONTROL LS 1 15,000.00$ 15,000.00$ 16,000.00$ 16,000.00$ 15,240.00$ 15,240.00$ 12,014.00$ 12,014.00$ 15,000.00$ 15,000.00$ 3 SIGNING AND STRIPING LS 1 5,000.00$ 5,000.00$ 1,700.00$ 1,700.00$ 1,650.00$ 1,650.00$ 2,959.74$ 2,959.74$ 1,587.00$ 1,587.00$ 4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 62,190 0.75$ 46,642.50$ 0.70$ 43,533.00$ 1.00$ 62,190.00$ 0.61$ 37,935.90$ 0.65$ 40,423.50$ 5 CONSTRUCT 3" TYPE III C-3 PG 70-10 AC PAVEMENT
SECTION TON 1,166 125.00$ 145,750.00$ 120.00$ 139,920.00$ 108.00$ 125,928.00$ 111.58$ 130,102.28$ 135.00$ 157,410.00$ 8 REMOVE AND REPLACE CROSS GUTTER SECTION
SF 36 70.00$ 2,520.00$ 60.00$ 2,160.00$ 52.00$ 1,872.00$ 146.85$ 5,286.60$ 60.00$ 2,160.00$ 229,912.50$ 213,313.00$ 215,730.00$ 197,170.52$ 220,780.50$ Engineer Estimate

UNIT COST TOTAL
BID SCHEDULE NO. 3: 33RD AVENUE
TOTAL AMOUNT BID SCHEDULE NO.1 (BID ITEMS 1-7)
TOTAL BID SCHEDULE NO.2 (BID ITEMS 1-7)
TOTAL BID SCHEDULE NO.3 (BID ITEMS 1-5, 8)

ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL UNIT COST TOTAL All American Asphalt Calmex Engineering, Inc. Vance Corporation Granite Construction Company BID SCHEDULE NO. 1: SHIFTING SANDS TRAIL
BID SCHEDULE NO. 2: SKY BLUE WATER TRL.

UNIT COST TOTAL UNIT COST TOTAL

CITY OF CATHEDRAL CITY
2024-2025 CITY STREETSPAVEMENT RECONSTRUCTION PROJECTS
Bid Tabulation/ Analysis
CITY PROJECT No.: 8688 - 8692

UNIT COST TOTAL UNIT COST TOTAL ITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL UNIT COST TOTAL All American Asphalt Calmex Engineering, Inc. Vance Corporation Granite Construction CompanyEngineer Estimate

UNIT COST TOTAL
1 MOBILIZATION LS 1 15,000.00$ 15,000.00$ 8,000.00$ 8,000.00$ 8,850.00$ 8,850.00$ 8,517.00$ 8,517.00$ 3,962.95$ 3,962.95$ 2 TRAFFIC CONTROL LS 1 15,000.00$ 15,000.00$ 22,000.00$ 22,000.00$ 29,570.00$ 29,570.00$ 12,370.00$ 12,370.00$ 15,000.00$ 15,000.00$ 3 SIGNING AND STRIPING LS 1 2,000.00$ 2,000.00$ 700.00$ 700.00$ 706.00$ 706.00$ 1,982.50$ 1,982.50$ 678.00$ 678.00$ 9 GRIND 0.12' (1.5") AC PAVEMENT AND DISPOSE SF 91,618 0.40$ 36,647.20$ 0.30$ 27,485.40$ 0.60$ 54,970.80$ 0.27$ 24,736.86$ 0.40$ 36,647.20$ 10 CONSTRUCT 0.12' (1.5") TYPE III C-3 PG 70-10 AC
PAVEMENT SECTION TON 859 125.00$ 107,375.00$ 125.00$ 107,375.00$ 117.00$ 100,503.00$ 114.72$ 98,544.48$ 135.00$ 115,965.00$ 11 CRACK SEAL LF 4,792 3.00$ 14,376.00$ 3.00$ 14,376.00$ 4.00$ 19,168.00$ 9.00$ 43,128.00$ 1.50$ 7,188.00$ 190,398.20$ 179,936.40$ 213,767.80$ 189,278.84$ 179,441.15$ 1 MOBILIZATION LS 1 15,000.00$ 15,000.00$ 9,000.00$ 9,000.00$ 8,850.00$ 8,850.00$ 8,809.00$ 8,809.00$ 4,200.00$ 4,200.00$ 2 TRAFFIC CONTROL LS 1 15,000.00$ 15,000.00$ 18,000.00$ 18,000.00$ 17,300.00$ 17,300.00$ 12,078.00$ 12,078.00$ 15,000.00$ 15,000.00$ 3 SIGNING AND STRIPING LS 1 2,000.00$ 2,000.00$ 2,300.00$ 2,300.00$ 2,280.00$ 2,280.00$ 2,352.26$ 2,352.26$ 2,188.00$ 2,188.00$ 9 GRIND 0.12' (1.5") AC PAVEMENT AND DISPOSE SF 106,542 0.40$ 42,616.80$ 0.30$ 31,962.60$ 0.55$ 58,598.10$ 0.23$ 24,504.66$ 0.40$ 42,616.80$ 10 CONSTRUCT 0.12' (1.5") TYPE III C-3 PG 70-10 AC
PAVEMENT SECTION TON 999 125.00$ 124,875.00$ 125.00$ 124,875.00$ 117.00$ 116,883.00$ 112.57$ 112,457.43$ 135.00$ 134,865.00$ 11 CRACK SEAL
LF 4,000 3.00$ 12,000.00$ 4.00$ 16,000.00$ 4.00$ 16,000.00$ 8.89$ 35,560.00$ 1.75$ 7,000.00$ 211,491.80$ 202,137.60$ 219,911.10$ 195,761.35$ 205,869.80$ 1,401,122.75$ 1,397,015.90$ 1,388,106.75$ 1,247,657.62$ 1,442,625.00$ A-1 LOWER AND RAISE WATER VALVE TO GRADE PER
CVWD STANDARDS EA 85 1,500.00$ 127,500.00$ 1,560.00$ 132,600.00$ 2,800.00$ 238,000.00$ 2,774.18$ 235,805.30$ 2,750.00$ 233,750.00$ A-2 LOWER AND RAISE SEWER MANHOLE TO GRADE
PER CVWD STANDARDS EA 35 2,000.00$ 70,000.00$ 1,600.00$ 56,000.00$ 2,300.00$ 80,500.00$ 2,211.89$ 77,416.15$ 2,275.00$ 79,625.00$ 197,500.00$ 188,600.00$ 318,500.00$ 313,221.45$ 313,375.00$ 1,598,622.75$ 1,585,615.90$ 1,706,606.75$ 1,560,879.07$ 1,756,000.00$ ADDITIVE ALTERNATE BID SCHEDULE A:

UTILITY ADJUSTMENT

TOTAL ADDITIVE ALTERNATE BID SCHEDULE A

TOTAL ALL BID ITEMS AND ALL ALTERNATIVES

TOTAL ALL BASE BID ITEMS
TOTAL BID SCHEDULE NO.4 (BID ITEMS 1-3, 9-11)
TOTAL BID SCHEDULE NO.5 (BID ITEMS 1-3, 9-11)
BID SCHEDULE NO.4: VENTURA DRIVE
BID SCHEDULE NO.5 AVENIDA QUINTANA

CITY OF CATHEDRAL CITY
2024-2025 CITY STREETSPAVEMENT RECONSTRUCTION PROJECTS
Bid Tabulation/ Analysis
CITY PROJECT No.: 8688 - 8692
1 MOBILIZATION LS 1
2 TRAFFIC CONTROL LS 1
3 SIGNING AND STRIPING LS 1
4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 109,035
5 CONSTRUCT 3" TYPE III C-3 PG 70-10 AC PAVEMENT
SECTION TON 2,044
6 REMOVE AND DISPOSE EXISTING CURB RAMP EA 4
7 CONSTRUCT CURB RAMP PER CALTRANS
STANDARD PLAN A88A (MODIFIED; SEE PLANS) EA 4
1 MOBILIZATION LS 1
2 TRAFFIC CONTROL LS 1
3 SIGNING AND STRIPING LS 1
4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 98,892
5 CONSTRUCT 3" TYPE III C-3 PG 70-10 AC PAVEMENT
SECTION TON 1,855
6 REMOVE AND DISPOSE EXISTING CURB RAMP
AND ALL CONCRETE FROM ECR TO BCR EA 4
7 CONSTRUCT CURB RAMP PER CALTRANS
STANDARD PLAN A88A (MODIFIED; SEE PLANS) EA 4
1 MOBILIZATION
LS 1
2 TRAFFIC CONTROL LS 1
3 SIGNING AND STRIPING LS 1
4 COLD MILL 3" AC PAVEMENT AND DISPOSE SF 62,190
5 CONSTRUCT 3" TYPE III C-3 PG 70-10 AC PAVEMENT
SECTION TON 1,166
8 REMOVE AND REPLACE CROSS GUTTER SECTION
SF 36
BID SCHEDULE NO. 3: 33RD AVENUE
TOTAL AMOUNT BID SCHEDULE NO.1 (BID ITEMS 1-7)
TOTAL BID SCHEDULE NO.2 (BID ITEMS 1-7)
TOTAL BID SCHEDULE NO.3 (BID ITEMS 1-5, 8)

ITEM DESCRIPTION UNIT QUANTITY
BID SCHEDULE NO. 1: SHIFTING SANDS TRAIL
BID SCHEDULE NO. 2: SKY BLUE WATER TRL.
5,300.00$ 5,300.00$ 48,000.00$ 48,000.00$ 12,000.00$ 12,000.00$ 22,627.25$ 22,627.25$ 16,200.00$ 16,200.00$ 91,000.00$ 91,000.00$ 58,000.00$ 58,000.00$ 74,000.00$ 74,000.00$ 4,140.00$ 4,140.00$ 4,000.00$ 4,000.00$ 6,220.00$ 6,220.00$ 8,000.00$ 8,000.00$

0.50$ 54,517.50$ 0.50$ 54,517.50$ 0.49$ 53,427.15$ 0.65$ 70,872.75$ 118.00$ 241,192.00$ 100.00$ 204,400.00$ 98.00$ 200,312.00$ 125.00$ 255,500.00$ 2,450.00$ 9,800.00$ 2,300.00$ 9,200.00$ 2,000.00$ 8,000.00$ 2,500.00$ 10,000.00$ 6,500.00$ 26,000.00$ 6,300.00$ 25,200.00$ 7,800.00$ 31,200.00$ 7,000.00$ 28,000.00$ 357,149.50$ 436,317.50$ 369,159.15$ 469,000.00$ 5,300.00$ 5,300.00$ 7,200.00$ 7,200.00$ 12,000.00$ 12,000.00$ 18,845.20$ 18,845.20$ 16,200.00$ 16,200.00$ 19,900.00$ 19,900.00$ 37,000.00$ 37,000.00$ 48,000.00$ 48,000.00$ 3,300.00$ 3,300.00$ 3,200.00$ 3,200.00$ 5,275.00$ 5,275.00$ 7,000.00$ 7,000.00$

0.50$ 49,446.00$ 0.66$ 65,268.72$ 0.49$ 48,457.08$ 0.65$ 64,279.80$ 118.00$ 218,890.00$ 88.00$ 163,240.00$ 98.00$ 181,790.00$ 125.00$ 231,875.00$ 2,450.00$ 9,800.00$ 1,960.00$ 7,840.00$ 2,000.00$ 8,000.00$ 2,500.00$ 10,000.00$ 6,500.00$ 26,000.00$ 5,000.00$ 20,000.00$ 7,400.00$ 29,600.00$ 7,000.00$ 28,000.00$ 328,936.00$ 286,648.72$ 322,122.08$ 408,000.00$ 5,300.00$ 5,300.00$ 7,200.00$ 7,200.00$ 12,000.00$ 12,000.00$ 10,846.50$ 10,846.50$ 15,600.00$ 15,600.00$ 19,300.00$ 19,300.00$ 15,500.00$ 15,500.00$ 22,000.00$ 22,000.00$ 1,680.00$ 1,680.00$ 1,630.00$ 1,630.00$ 2,775.00$ 2,775.00$ 4,000.00$ 4,000.00$

0.50$ 31,095.00$ 0.59$ 36,692.10$ 0.49$ 30,473.10$ 0.65$ 40,423.50$ 118.00$ 137,588.00$ 100.00$ 116,600.00$ 98.00$ 114,268.00$ 125.00$ 145,750.00$

70.00$ 2,520.00$ 40.00$ 1,440.00$ 200.00$ 7,200.00$ 55.00$ 1,980.00$ 193,783.00$ 182,862.10$ 182,216.10$ 225,000.00$ Hardy & Harper, Inc.

TOTAL
Martin Marietta San Diego Aggregates
LLC Onyx Paving Company, Inc.

UNIT COST TOTAL
Matich Corporation

UNIT COST TOTAL UNIT COST TOTAL UNIT COST

CITY OF CATHEDRAL CITY
2024-2025 CITY STREETSPAVEMENT RECONSTRUCTION PROJECTS
Bid Tabulation/ Analysis
CITY PROJECT No.: 8688 - 8692

ITEM DESCRIPTION UNIT QUANTITY
1 MOBILIZATION LS 1
2 TRAFFIC CONTROL LS 1
3 SIGNING AND STRIPING LS 1
9 GRIND 0.12' (1.5") AC PAVEMENT AND DISPOSE SF 91,618
10 CONSTRUCT 0.12' (1.5") TYPE III C-3 PG 70-10 AC
PAVEMENT SECTION TON 859
11 CRACK SEAL LF 4,792
1 MOBILIZATION LS 1
2 TRAFFIC CONTROL LS 1
3 SIGNING AND STRIPING LS 1
9 GRIND 0.12' (1.5") AC PAVEMENT AND DISPOSE SF 106,542 10 CONSTRUCT 0.12' (1.5") TYPE III C-3 PG 70-10 AC
PAVEMENT SECTION TON 999
11 CRACK SEAL
LF 4,000
A-1 LOWER AND RAISE WATER VALVE TO GRADE PER
CVWD STANDARDS EA 85
A-2 LOWER AND RAISE SEWER MANHOLE TO GRADE
PER CVWD STANDARDS EA 35

TOTAL ALL BASE BID ITEMS
TOTAL BID SCHEDULE NO.4 (BID ITEMS 1-3, 9-11)
TOTAL BID SCHEDULE NO.5 (BID ITEMS 1-3, 9-11)
BID SCHEDULE NO.4: VENTURA DRIVE
BID SCHEDULE NO.5 AVENIDA QUINTANA

TOTAL ADDITIVE ALTERNATE BID SCHEDULE A

TOTAL ALL BID ITEMS AND ALL ALTERNATIVES
ADDITIVE ALTERNATE BID SCHEDULE A:

UTILITY ADJUSTMENT
Hardy & Harper, Inc.

TOTAL
Martin Marietta San Diego Aggregates
LLC Onyx Paving Company, Inc.

UNIT COST TOTAL
Matich Corporation

UNIT COST TOTAL UNIT COST TOTAL UNIT COST
5,300.00$ 5,300.00$ 5,600.00$ 5,600.00$ 12,000.00$ 12,000.00$ 8,162.70$ 8,162.70$ 14,191.10$ 14,191.10$ 18,600.00$ 18,600.00$ 19,750.00$ 19,750.00$ 22,000.00$ 22,000.00$ 720.00$ 720.00$ 700.00$ 700.00$ 500.00$ 500.00$ 1,000.00$ 1,000.00$

0.30$ 27,485.40$ 0.22$ 20,155.96$ 0.33$ 30,233.94$ 0.35$ 32,066.30$ 123.00$ 105,657.00$ 108.00$ 92,772.00$ 105.00$ 90,195.00$ 125.00$ 107,375.00$

2.70$ 12,938.40$ 0.46$ 2,204.32$ 1.10$ 5,271.20$ 0.50$ 2,396.00$ 166,291.90$ 140,032.28$ 157,950.14$ 173,000.00$ 5,300.00$ 5,300.00$ 8,000.00$ 8,000.00$ 7,500.00$ 7,500.00$ 10,835.30$ 10,835.30$ 15,600.00$ 15,600.00$ 18,800.00$ 18,800.00$ 22,000.00$ 22,000.00$ 35,000.00$ 35,000.00$ 2,320.00$ 2,320.00$ 2,240.00$ 2,240.00$ 3,050.00$ 3,050.00$ 4,000.00$ 4,000.00$

0.30$ 31,962.60$ 0.20$ 21,308.40$ 0.38$ 40,485.96$ 0.35$ 37,289.70$ 123.00$ 122,877.00$ 104.00$ 103,896.00$ 105.00$ 104,895.00$ 125.00$ 124,875.00$

2.70$ 10,800.00$ 0.46$ 1,840.00$ 1.20$ 4,800.00$ 0.50$ 2,000.00$ 188,859.60$ 156,084.40$ 182,730.96$ 214,000.00$ 1,235,020.00$ 1,201,945.00$ 1,214,178.43$ 1,489,000.00$ 1,470.00$ 124,950.00$ 2,800.00$ 238,000.00$ 2,750.00$ 233,750.00$ 800.00$ 68,000.00$ 2,060.00$ 72,100.00$ 2,330.00$ 81,550.00$ 2,275.00$ 79,625.00$ 2,200.00$ 77,000.00$ 197,050.00$ 319,550.00$ 313,375.00$ 145,000.00$ 1,432,070.00$ 1,521,495.00$ 1,527,553.43$ 1,634,000.00$

CITY OF CATHEDRAL CITY
2024-2025 CITY STREETSPAVEMENT RECONSTRUCTION PROJECTS
Bid Tabulation/ Analysis
CITY PROJECT No.: 8688 - 8692
Agreement 1300-1

SECTION 1300

CONTRACT

THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City, and HARDY AND HARPER, INC., herein referred to as, "Contractor." W I T N E S S E T H:

In consideration of their mutual covenants, the parties hereto agree as follows:

1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for Bid No. B24-74E
2024-2025 CITY STREETS PAVEMENT RECONSTRUCTION PROJECTS

SHIFTING SANDS TRAIL PAVEMENT RECONSTRUCTION (C08688)
SKY BLUE WATER TRAIL PAVEMENT RECONSTRUCTION (C08689)
33RD AVENUE PAVEMENT RECONSTRUCTION (C08690)
VENTURA DRIVE PAVEMENT RECONSTRUCTION (C08691)
AVENIDA QUINTANA PAVEMENT RECONSTRUCTION (C08692),

(the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated November 3, 2024, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated November 20, 2024, and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.

2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.

3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer.

4. Time is of the essence in Contractor’s performance of the Work for this Contract. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Sixty (60) calendar days from the date of Notification to Proceed.

5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed one million, four-hundred and thirty-two thousand dollars, and zero cents ($1,432,000.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

6. The Contractor, and any subcontractor engaged by Contractor, shall not pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars ($200.00) for each calendar day, or fraction thereof, for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation of this provision (Sections 1770-1777, Labor Code of California).

7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.

8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, Agreement 1300-2

without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.

9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.

10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.

11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination 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 as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this Contract.

12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.

13. This Contract shall not be assignable by Contractor without the written consent of the City.

14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.

15. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.

16. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession.

17. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.

18. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the Contract.

Agreement 1300-3

19. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.

21. The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement.

Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand.

Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

Agreement 1300-4

IN WITNESS WHEREOF, the parties have executed this Contract as of the dates stated below

"CITY"

CITY OF CATHEDRAL CITY,
a California municipal corporation

By: Dated:

Charles P. McClendon, City Manager

ATTEST:

Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

Dated:

Eric S. Vail, City Attorney

“CONTRACTOR”
Dated:

Dated: By:

Name:

Title:

Dated: By:

Name:

Title:

[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]

Faithful Performance Bond 1310-1
SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on December 11, 2024, awarded to HARDY AND HARPER, INC.., hereinafter designated as the Principal, a Contract for Bid No. B24-74E, Project No. (C08688), (C08689), (C08690), (CO8691), (C08692), and

WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:

NOW, THEREFORE, we, the Principal, and , as Surety,
are held and firmly bound unto the City in the just and full amount of ( * ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. * one million, four-hundred and thirty-two thousand dollars, and zero cents ($1,432,000.00)

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2024, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
(Seal)

Signature for Principal

Title of Signatory

Surety
(Seal)

Signature for Surety

Title of Signatory

Address of Surety

Phone # of Surety

Contact Person For Surety

Payment Bond 1320-1
SECTION 1320

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on December 11, 2024, awarded to HARDY AND HARPER, INC., hereinafter designated as the Principal, a Contract for Bid No. B24-74E, Project No. (C08688), (C08689), (C08690), (CO8691), (C08692), and

WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, we, the Principal, and , as Surety, are held and firmly bound unto the City in the just and full amount of ( * ) , executors, administrators, and successors, jointly and severally, firmly by these presents.
* one million, four-hundred and thirty-two thousand dollars, and zero cents ($1,432,000.00)

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this day of , 2024, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Principal
(Seal)

Signature for Principal

Title of Signatory

Surety
(Seal)

Signature for Surety

Title of Signatory

Address of Surety

Phone # of Surety

Contact Person For Surety

Workers' Compensation Insurance 1330-1
SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE

In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

Signature

Title

Date

Liability & Insurance Requirements 1340-2
SECTION 1340

LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION

Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, demand, damage, liability, loss, cost or expense (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.

The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor’s employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

2.0 INSURANCE REQUIREMENTS

2.1 General

After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.

The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.

2.2 Commercial General Liability Policy

The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the following:

Liability & Insurance Requirements 1340-3
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage. c. Independent Contractors.

d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).

2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract.

b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.

c. Deductible shall not exceed One Thousand Dollars ($1,000).

2.4 Workers' Compensation Insurance

The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:

a. The required policy shall provide coverage for Workers' Compensation (Coverage A).

b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B).

2.5 Endorsements

All of the following endorsements are required to be made a part of the policies described in this Section hereof:

a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub-consultants are hereby added as additional insured insofar as Work done under this Contract is concerned."

b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may Liability & Insurance Requirements 1340-4
possess, and any other insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.

d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:

City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

2.6 Change in Terms

The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.

Staff Report
City Council
Item No. 4.A
Meeting Date: May 8, 2024
From: John A. Corella - Director of Engineering and Public Works Title: Approve the CDBG FY 2024-2025 Annual Action Plan RECOMMENDATION:

To approve the FY 2024-2025 Community Development Block Grant (CDBG) Annual Action Plan for submittal to the U.S. Department of Housing and Urban Development (HUD); and, authorize the City Manager or designee to execute the required certifications; and, execute all funding agreements and documents consistent with the FY 2024-2025 Annual Action Plan.

BACKGROUND:

The Community Development Block Grant (CDBG) program, awarded from U.S. Department of Housing and Urban Development (HUD), allows Cathedral City to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and improving community facilities and services, principally for low-to- moderate (low-mod) income individuals.

As an entitlement City, Cathedral City receives annual entitlement funds to address the priority needs of the community which are outlined in the 5-Year Consolidated Plan (Con Plan). In consistency with the 5-Year Con Plan and as part of the Con Plan objectives, the Annual Action Plan (AAP) identifies how CDBG funds will be allocated in the upcoming fiscal year.

HUD has not released the information on the City’s FY 2024-2025 CDBG allocation. The allocation amount is expected to be available in September 2024.

At the March 27, 2024, City Council Study Session, staff presented the draft of the proposed FY 2024-2025 AAP to the City Council for review and comments. At this meeting, there were no modifications recommended by the City Council to the proposed FY 2024-2025 AAP.

Per the City’s adopted Community Participation Plan (CPP), an advertisement for “Notice of Availability for Review and Comments” (Notice) was published in the Desert Sun on March 31, 2024. The Notice was posted at the following sites: Cathedral City City Hall, Cathedral City Senior Center, Boys and Girls Club of Cathedral City, and Cathedral City Library. The draft document of the FY 2024-2025 AAP was also available to the public and the community at the Cathedral City City Hall and the Cathedral City Library for a period of thirty (30) days.

DISCUSSION:

Cathedral City CDBG FY 2024-25 AAP
For this fiscal year, city staff is proposing the allocation of funds as shown in the following table:

ADMINISTRATIVE (≤20%) FUNDING
Total Funding Allocated $ 114,000
PUBLIC SERVICES (≤15%) FUNDING

Total Funding Allocated $ -
PUBLIC IMPROVEMENTS (>80%) FUNDING
Whitewater Area Street Rehabilitation $ 451,000
Sidewalk Repair Assistance Program $ 5,000
Total Funding Allocated $ 456,000
TOTAL FUNDING $ 570,000
According to the Waiver of 24 CFR 91.105 and 24 CFR 91.115 that was sent to all entitlement grantees, the Community Participation Plan also requires the City hold one public hearing to allow anyone interested in the process an opportunity to share their opinion regarding the types of programs and services described in the 5-Year Consolidated Plan and the Annual Action Plan. A public hearing will be held tonight, May 8, 2024, during the regularly scheduled City Council meeting. Please note there were no public comments received during the 30- day commenting period.

FISCAL IMPACT:

All funding through the CDBG Program is on a reimbursement basis based on the Annual Action Plan entitlement amounts. The Public Improvement Whitewater Area Street Rehabilitation Project Phase will be brought before the City Council for approval within FY 2024-2025 for construction services.

Note: Later in this meeting, city staff will be presenting a separate staff report proposing a provider for fair housing support services to be funded from the available CDBG Administrative Funding allocation.

FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

Action B-15: Explore providing a General Fund Capital Projects Fund for roadway improvements as part of development of the next Biennial Budget.

ATTACHMENTS:

1. FY 2024-2025 Final Draft CDBG Annual Action Plan

Staff Report
City Council
Item No. 5.G
Meeting Date: December 11, 2024
From: Kevin Biersack, Financial Services Director
Title: Civic Center Elevator Replacement
RECOMMENDATION:

To authorize staff to purchase and install two new elevators in the Civic Center complex for City Hall and the Police Department in the amount of $307,740.79 and authorize the City Manager to execute the contract required to complete the work; and authorize a Facilities Fund (614) budget amendment.

BACKGROUND:

The City's two elevators in city hall and the police department were installed in 1998 during the construction of the new Civic Center. In 2019, the city replaced the front and rear door motors for the PD elevator at a cost of $45,177. Although we continue monthly maintenance for our elevators, they have become extremely outdated and unreliable with the maintenance and repair costs continuing to increase.

DISCUSSION:

The useful life for elevators and the equipment needed to operate them ranges between 15- 25 years, with the recommendation to refurbish or replace every 10-15 years. We have now reached 26 years for our current elevators. In addition to our regular monthly maintenance, there continues an excessive need for additional maintenance calls to the City’s elevator vendor Kone.

In researching options to replace our current elevators, staff contacted several vendors through two primary cooperative (Coop) contract agreements, Sourcewell, and Omnia Partners. Through Omnia Partners, staff contacted Kone, OTIS, Southwest Elevator, and Lerch Bates, Inc., and contacted TK Elevator and Schindler Elevator Corp. through Sourcewell. The only vendors responding and providing quotes were Kone and OTIS, please see the attached quotes. OTIS was the lowest responsible quote received at $275,877 in total for replacement of both elevators. Staff confirmed both quotes include sales tax. In addition, OTIS offered the city a 3% discount with 90% pre-payment.

COST COMPARISON

KONE OTIS DIFFERENCE
CITY HALL ELEVATOR 167,332.00 137,938.50 29,393.50
PD ELEVATOR 126,568.00 137,938.50 (11,370.50)
3% PRE-PAYMENT DISCOUNT - ( 8,276.31) 8,276.31
15% CONTINGENCY 44,085.00 40,140.10 3,944.90
TOTAL 337,985.00 307,740.79 30,244.21

Based on the quote received from OTIS, there will be a 12-week lead time for equipment to be manufactured and shipped. Once the equipment arrives, OTIS will begin installation and the replacement process. Each elevator will take five (5) weeks to complete. The two elevators will not be replaced simultaneously, but rather consecutively. The minor construction services contract has been attached.

Following the completion of replacing both Civic Center elevators, the City will obtain a separate maintenance contract for regularly scheduled maintenance on both Civic Center elevators, to potentially include the alternative for a one- time $8,000 fee for the OTIS One PRO Emergency Communication System video enhancement, which would be covered under the 15% contingency above.

FISCAL IMPACT:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES
AMOUNT ONE TIME or

ONGOING
2024-2025 Facilities Fund 614 $307,740.79 One Time
2024-2025 Total $307,740.79
FIVE-YEAR STRATEGIC PLAN:

GOAL B: Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

ATTACHMENTS:

1. Kone Civic Center quote

2. OTIS Civic Center quote

3. Minor construction services contract

KONE MODERNIZATION BUDGET PROPOSAL Proposal: Cathedral City Hall Passenger Elevator Mod Budget Proposal Date: 05/15/2024

05/15/2024 KONE Inc. Elevators & Escalators 1540 Scenic Avenue, Suite 100 Costa Mesa, California, 92626 Mobile +1 17146996030 Work +17148907080 [email protected] www.kone.us We are pleased to enclose, for your review and consideration, KONE's proposal to modernize your equipment located at the following address: 68700 Avenida Lalo Guerrero Cathedral City, California ● This proposal is based on 2025 installation. ● This proposal is valid for (30) days. ● Anticipated downtime: 5 weeks per unit. Please know that we are available to assist you in coordinating the work by others as further described in our “Bid Attachment B“. Should you have any questions or require additional information, please feel free to contact me directly. We look forward to hearing from you and working together on this project. Yours sincerely,

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Table of Contents 1. Why KONE? ........................................................................................................................................................ 4 2. Ensuring your project success ........................................................................................................................ 5 Project Overview .............................................................................................................................................. 5 Site Cornerstones ............................................................................................................................................. 5 3. Your solution ...................................................................................................................................................... 6 Solution details ................................................................................................................................................. 9 Elevator / Pass 1 ........................................................................................................................................ 9 Elevator / Pass 2 ...................................................................................................................................... 12 4. Commercial Offer ............................................................................................................................................. 16 Pricing .............................................................................................................................................................. 17 Additional Options for your Consideration ................................................................................................. 17 5. Services included ............................................................................................................................................ 17 6. Tender Approval ............................................................................................................................................... 18 Appendix 1: KONE 24/7 Connected Services Appendix 2: Clarifications Appendix 3: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization) Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades

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1. Why KONE? KONE in brief KONE is a global leader in the elevator and escalator industry. Our mission is to make cities better places to live. Our versatile product portfolio features a wide range of innovative products including elevators, escalators, autowalks, monitoring, access and destination control systems. Value for your project KONE helps you to reduce operational costs, increase end-user satisfaction and value of your building by providing accessible and safe equipment through a professional and trouble-free modernization project. Increased user satisfaction/minimal disturbance to end-users Improved eco-efficiency, reduced energy consumption Improved safety according to latest standards

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2. Ensuring your project success Project Overview KONE Responsibility CUSTOMER Responsibility KONE and CUSTOMER Site Cornerstones By ensuring that these cornerstones are in place you can ensure that your modernization project stays on schedule and that KONE technicians can perform their work quickly, safely, and with minimum disruption to building operations.

Site preparation requirements before materials arrive ● Loading and storage area of suitable size for materials, waste and waste storage, and tools ● Safe access route for new materials and materials being removed ● Access permissions and cards or other access devices for KONE technicians Other works as agreed in the project plan, if not managed by KONE ● Please refer to Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades Project kick-off
Fully executed contract & down payment
Materials delivered to site and modernization starts
Project completion
Detailed site survey
Submittals approved if required
Manufacturing
Work by others
Installation and testing
Third-party inspection arranged

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3. Your solution Rated load 3500 lbs Rated speed 100 fpm Travel height 47 ft 0 in Number of floors 4 floors / 2 front openings / 2 rear opening Rated load 3500 lbs Rated speed 100 fpm Travel height 47 ft 0 in Number of floors 4 floors / 2 front openings / 2 rear opening

Electrification KONE HydroMod DX KONE HydroMod DX is a modular modernization solution for elevator control and electrical systems, based on the latest in control technology. This replaces outdated technology such as relays and older electronic systems, improving the levels of performance, reliability, safety and energy efficiency of your elevator. The modular structure of KONE HydroMod DX is designed to correctly interface with many types of existing elevator components, thus ensuring a swift, trouble-free installation for the building users. A new microprocessor-based control system shall be provided to perform the functions of safe elevator motion. Included shall be all of the hardware required to connect, transfer and interrupt power, and to protect the motor against overloading. Each controller cabinet containing memory equipment shall be properly shielded from line pollution. The microcomputer system shall be designed to accept reprogramming with minimum system down time. All high voltage (110V or above) contact points inside the controller cabinet shall be protected from accidental contact in a situation where the controller doors are open. The microprocessor-based control system shall utilize on-board diagnostics for servicing, troubleshooting, and adjusting without requiring the use of an outside service tool.

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Fixtures Custom Fixtures New signalization shall be provided as required. A mini swing car operating panel shall be manufactured with #4 brushed Stainless Steel face. Panel will contain a bank of mechanical illuminated buttons marked to correspond to the landings served, an emergency stop button, door open and door close buttons. The emergency call button shall be connected to a bell that serves as an emergency signal. Switches for lights and fan shall also be located in the car operating panel. Phase II fire instructions are to be engraved or silk screened (applied plates are not acceptable) on the car operating panel or behind the fire cabinet door. Elevator number, “No Smoking”, and capacity in pounds are to be engraved or silk screened (ap-plied plates are not acceptable) on the car operating panel. Car operating panel shall contain all necessary operating components, buttons, and switches as required by ASME A.17.1 2004 Handicap Markings Braille plates shall be furnished for car buttons, car controls, and hoistway entrance jambs in com-pliance with NEII and ADA handicap requirements. Car Braille plates are to be flush mounted and permanently attached. Audible Signal (to indicate stopping at a floor) An audible and voice annunciator shall sound in the car to tell a passenger that the car is stopping at the floor served by the elevator. Hall Buttons At each terminal landing a single push button shall be provided. When a call is registered by momentary pressure on a landing button, that button shall become illu-minated and remain illuminated until the call is answered. Buttons shall be open source, if serial link is provided, it shall be separate from button. The designated fire return floor shall include a fireman’s emergency key switch that meets state and local requirements. ADA Telephone An ADA approved telephone shall be provided and mounted behind the car operating panel. A pat-tern of holes for speaker shall be punched into the flush car operating panel faceplate or swing re-turn panel (applied speaker grilles are not acceptable). Necessary wires shall be included in the car traveling cable harness. Connections to the building service system shall be furnished by Owner

Shaft equipment Guide Shoes New roller guide assemblies shall be provided.

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Hydraulic equipment Field Pipe & Accessories New field pipe and or accessories shall be provided as required. Power Unit A hydraulic power unit, especially designed and manufactured for this service, will be furnished. The motor and pump will be submersed under the oil inside the tank in order to provide for sound isolation. A muffler, designed to reduce pulsation and noise which may be present in the flow of hydraulic oil, will be provided in the oil line at the top of the pump. Control valves, including safety check valve, up direction valve with high pressure relief including up leveling and soft stop features, lowering valve including down leveling and manual leveling feature, will be mounted in a compact unit assembly. A valve, designed to shut off the flow of oil between the cylinder and the Power Unit, will be provided in the oil line in the machine room. Automatic two-way leveling will be provided to automatically stop and maintain the car approximately level with the landing, regardless of change in load. An up traveling car will automatically descend to the lower terminal landing if the hydraulic system does not have a sufficient reservoir of oil. Power operated car and hoistway doors will automatically open at the lowest terminal landing permitting passenger egress. The doors will then automatically close and all control buttons, except the Door Open Button in the car operating panel, will be made ineffective.

Doors Door Panel(s) New Car door panel(s) shall be provided where applicable. KONE ReNova Door Operator A KONE ReNova closed loop permanent magnet PWM high-performance door operator shall be provided to open and close the car and hoistway doors simultaneously. Door movement shall be cushioned at both limits of travel. An electric contact shall be provided on the car at each car entrance to prevent the operation of the elevator unless the car door is closed. The door operator shall be arranged so that, in case of interruption or failure of electric power, the doors can be readily opened by hand from within the car, in accordance with applicable code. Emergency devices and keys for opening doors from the landing shall be provided as required by the local code. Doors shall open automatically when the car has arrived at or is leveling at the respective landings. Door shall close after a predetermined time interval or immediately upon pressing of a car button. A door open button shall be provided in the car. Momentary pressing of this button shall reopen the doors and reset the time interval. Door hangers and tracks shall be provided for each car door. Tracks shall be contoured to match the hanger sheaves. The hangers shall be designed for power operation with provisions for vertical and lateral adjustment. Hanger sheaves shall have polyurethane tires and pre-lubricated sealed-for-life bearings. Curtain of Light The elevator car shall be equipped with an electronic protective device extending the full height of the car. When activated, this sensor shall prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors shall remain open as long as the flow of traffic continues and shall close shortly after the last person passes through the door opening.

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Solution details Elevator / Pass 1 Electrification Product name KONE HydroMod DX Elevator group size Simplex Number of floors served 4 Code year 2004 Speed [FPM] 100 NEMA rating (HW) Hoistway rating is NEMA 1. NEMA rating (MR) Machine room rating is NEMA 1. Power supply voltage [v] 480 Type of power unit Submersible New motor size (hp) 40 Motor Starts per Hour 80 Standard Card reader provisions Controller will be equipped with card reader interface logic. Type of curtain of light This curtain of light is an electronic sensing device that operates across the car entrance. When activated, the curtain of light will prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors will remain open as long as the flow of traffic continues and will close shortly after the last person passes through the door opening. A 2-D type will be provided. Qty of COPs 1 Traveling cable(s) Existing traveling cable(s) will be removed and replaced with new traveling cable. In addition to our standard traveling cable, a second traveling cable be provided for security and/or card reader provisions. Battery backup Battery backup shall be provided. Battery backup allows passengers to safely exit an elevator in the event of a power outage. Voice annunciator Logic will be provided for factory-programmed speech synthesizer that issues spoken messages including floor arrivals, car departures and safe use of the elevator.

Fixtures Product name Custom Fixtures Number of floors served 4 Capacity [LBS] 3500 Card reader provisions Controller will be equipped with card reader interface logic. Qty of COPs 1 Qty of new hall stations 4 Qty of new hall lanterns 4 Qty of hoistway access switches 2

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Shaft equipment Product name Guide Shoes Capacity [LBS] 3500 Speed [FPM] 100 Car guide dust covers Yes Car guide seismic retainers Yes Car guide shoes adapters Yes Car guide shoe type Elsco B (Roller) New car guide shoes New spring dampened roller guide shoes will be provided.

Hydraulic equipment Product name Field Pipe & Accessories Capacity [LBS] 3500 Speed [FPM] 100 Field Pipe Length (in) 600 Field Pipe Size 2" Isolation Coupling (Pair) Two (2) sound isolation couplings will be provided in the oil line between the power unit and the hydraulic cylinder(s). Each coupling will consist of flanges separated by a neoprene seal to absorb vibration. Mainline Shutoff Valves Two manual safety valves will be supplied in the oil line at the jack unit (pit) and in the machine room. Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.

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Low Oil Switch An Up traveling car will automatically descend to the lower terminal landing if the hydraulic system does not have a sufficient reservoir of oil. Power operated car and hoistway doors will automatically open at the lowest terminal landing permitting passenger egress. The doors will then automatically close and all control buttons, except the Door Open Button in the car operating panel, will be made ineffective Qty Jacks per Car 1 Retain and Reuse Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.

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Elevator / Pass 2 Electrification Product name KONE HydroMod DX Elevator group size Simplex Number of floors served 4 Code year 2004 Speed [FPM] 100 NEMA rating (HW) Hoistway rating is NEMA 1. NEMA rating (MR) Machine room rating is NEMA 1. Power supply voltage [v] 480 Type of power unit Submersible New motor size (hp) 40 Motor Starts per Hour 80 Standard Card reader provisions Controller will be equipped with card reader interface logic. Type of curtain of light This curtain of light is an electronic sensing device that operates across the car entrance. When activated, the curtain of light will prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors will remain open as long as the flow of traffic continues and will close shortly after the last person passes through the door opening. A 2-D type will be provided. Qty of COPs 1 Traveling cable(s) Existing traveling cable(s) will be removed and replaced with new traveling cable. In addition to our standard traveling cable, a second traveling cable be provided for security and/or card reader provisions. Battery backup Battery backup shall be provided. Battery backup allows passengers to safely exit an elevator in the event of a power outage. Voice annunciator Logic will be provided for factory-programmed speech synthesizer that issues spoken messages including floor arrivals, car departures and safe use of the elevator.

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Doors Product name Door Panel(s) Number of floors served 4 Car panel finishing material New car door panel(s) shall be provided where applicable. New door(s) shall be UL fire rated 1 ½ hour. Finish will be #4 stainless steel. Door type Single speed side opening.

Product name KONE ReNova Door Operator Number of floors served 4 NEMA rating (HW) Hoistway rating is NEMA 1. Door type Single speed side opening. Door package type KONE ReNova M3 door package includes a new door operator, restrictive clutch, car and hoistway door track, car gate switch, car and hoistway hangers, car and hoistway door panel adapters, hoistway door interlocks and closers, and hoistway pick up rollers. Hatch headers New hatch headers will be provided for the specified number of openings.

Product name Curtain of Light Number of floors served 4 Code year 2004 NEMA rating (HW) Hoistway rating is NEMA 1. Type of curtain of light This curtain of light is an electronic sensing device that operates across the car entrance. When activated, the curtain of light will prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors will remain open as long as the flow of traffic continues and will close shortly after the last person passes through the door opening. A 2-D type will be provided.

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Shaft equipment Product name Guide Shoes Capacity [LBS] 3500 Speed [FPM] 100 Car guide dust covers Yes Car guide seismic retainers Yes Car guide shoes adapters Yes Car guide shoe type Elsco B (Roller) New car guide shoes New spring dampened roller guide shoes will be provided.

Hydraulic equipment Product name Field Pipe & Accessories Capacity [LBS] 3500 Speed [FPM] 100 Field Pipe Length (in) 1200 Field Pipe Size 2" Isolation Coupling (Pair) Two (2) sound isolation couplings will be provided in the oil line between the power unit and the hydraulic cylinder(s). Each coupling will consist of flanges separated by a neoprene seal to absorb vibration. Mainline Shutoff Valves Two manual safety valves will be supplied in the oil line at the jack unit (pit) and in the machine room. Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.

Product name Power Unit Capacity [LBS] 3500 Speed [FPM] 100 Type of power unit Submersible New motor size (hp) 40 Motor Starts per Hour 80 Standard Control Valve OEM Maxton Field Pipe Length (in) 1200 Field Pipe Size 2" Jack location Inground Jack type Single Stage Load class Passenger Low Oil Switch An Up traveling car will automatically descend to the lower terminal landing if the hydraulic system does not have a sufficient reservoir of oil. Power operated car and hoistway doors will automatically open at the lowest terminal landing permitting passenger egress. The doors will then automatically close and all control buttons, except the Door Open Button in the car operating panel, will be made ineffective Qty Jacks per Car 1 Retain and Reuse

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Seismic Rupture Valve A rupture valve will be provided which provides protection against supply line failure that causes overspeed in the down direction.

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4. Commercial Offer Project notes All work to be performed during normal trade hours, Monday through Friday excluding holidays that fall on any of these days. Customer to provide two parking spots and spot for storage container on site at no extra charge Handover date Mutually agreeable project schedule will be determined at time of proposal acceptance. Current delivery lead time is 15 weeks from when order receipt, deposit and approval of drawings have all been completed. The agreed delivery times for the project may need to be extended because of delays caused by measures undertaken to stop the spreading of the Coronavirus (2019-nCoV) epidemic, such as mandatory holiday extensions and transportation restrictions imposed by authorities in China and other countries, and the availability of personnel, logistics providers and supply chains, due to the epidemic. ESTIMATED TIME FRAMES (for information only) Contract processing/ technical reviews/ engineering/ submittals: 4-6 weeks. Manufacturing: 15 weeks. Material Consolidation & Delivery: 1 week. Modernization/Installation: Approximately 5 weeks* per elevator, plus inspection Downtime period 5 weeks per unit Warranty/maintenance Our Proposal includes 12 months of KONE standard maintenance with KONE 24/7 Connected Services, including regular time/overtime callback service. Under no circumstances shall indicators or predictions from KONE 24/7 Connected Services be cause for immediate services. They shall be addressed upon the next scheduled maintenance visit, or otherwise at the sole discretion of KONE. The remote monitoring devices are provided to the Customer as part of the Services. Customer gives KONE the right to utilize 24/7 Connected Services to collect, export and use data generated by the use and operation of the equipment. Customer has no ownership or proprietary rights to such data, nor the device or software that monitors, analyzes, translates, reports or compiles such data. KONE 24/7 Connected Services, including any data collected, the device(s) to perform the service, and any software related thereto shall be the exclusive property of KONE. KONE MAKES NO WARRANTY THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KONE IS NOT LIABLE FOR ANY DAMAGES RELATING TO LACK OF NETWORK COVERAGE AT THE SITE OF THE EQUIPMENT, DUE TO TAMPERING WITH THE REMOTE MONITORING DEVICE, INTEROPERABILITY , SERVICE DEFECTS, SERVICE LEVELS, DELAYS, SERVICE ERRORS, INTERRUPTIONS OR ANY OTHER REASON OUTSIDE OF KONE’S REASONABLE CONTROL. KONE DISCLAIMS ANY LIABILITY FOR DAMAGES OR INJURIES (INCLUDING DEATH) ARISING FROM OR IN CONNECTION WITH THE OPERATION OR USE OF THE SERVICES SET FORTH HEREIN. The Product Warranty is specified in Bid Attachment A. Installation by KONE of any parts covered under the Product Warranty on parts will only occur while KONE maintains an active maintenance contract. The Product Warranty and Warranty Maintenance commences on the date of acceptance set forth in the Uniform Final Acceptance Form. For long-term reliability, a continuing maintenance agreement is necessary. This Proposal is conditioned upon KONE receiving a ten (10) year KONE Extended Warranty maintenance contract from ownership prior to the date of acceptance set forth in the Uniform Final Acceptance Form.

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Pricing Equipment Price ($) Elevator: Pass 1 $ 126,568.00 Elevator: Pass 2 $ 167,332.00 Total Sales Price, net including TAX $ 293,900.00 Additional Options for your Consideration Alternates Price excl. tax Alternate 1 Budget for new standard elevator cab interior finishes and vinyl flooring $80,000.00 Alternate 2 $0.00 Alternate 3 $0.00 Alternate 4 $0.00 Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to the purchaser with recommendations and cost for corrective action. 5. Services included KONE 24/7 Connected Services KONE 24/7 Connected Services is a round-the-clock diagnostics service that gathers data on your equipment’s condition. We analyze this data and use it to make intelligent and proactive decisions on how to solve any potential problems – even before they occur. KONE 24/7 Connected Services helps you to optimize the lifetime value of your assets from day one and gives you peace of mind by keeping you fully informed about the condition of your equipment and any maintenance activities we carry out.

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6. Tender Approval KONE Don Sterling 1540 Scenic Avenue, Suite 100 Costa Mesa, California, 92626 [email protected] Owner/Representative CATHEDRAL CITY CIVIC CENTER 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY , California, 92234-1208 Submitted by: Don Sterling Sales Executive - Modernization 05/15/2024 We accept the offer constituted by this proposal (total sales price of $ 293,900.00, incl. use tax) and agree to the conditions contained therein. Approved by Customer ___________________________________________ Printed name: Title: Company name: Date:

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Appendix 1: KONE 24/7 Connected Services KONE 24/7 Connected Services – improved safety, full transparency, and peace of mind In addition to a quality modernization project, we would be excited to discuss KONE 24/7 Connected Services with you and the continuing benefits KONE could bring to your business. KONE is leading the industry with KONE 24/7 Connected Services using the latest intelligent elevator technology allowing us to predict issues and take action before a shutdown occurs. Predictive maintenance allows fewer shutdowns, less call-outs, and improved up-time of equipment - all leading to a better user experience! Read more at kone.us/connected

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Appendix 2: Clarifications 1. Contract terms between KONE Inc. and Purchaser shall be based on our Proposal and Attachments “A” and “B”. 2. All new elevator equipment provided shall meet applicable ASME A17.1 code requirements. Any provisions of codes applicable to out-of-scope items shall be the Purchaser’s responsibility. Cost of any future code changes adopted prior to permitting and completion are excluded. 3. Existing cab and entrance dimensions, which may not meet current ADA or stretcher access rules, will be retained as is. 4. Our proposal includes inspections and testing as required by the AHJ. However, any re-testing required due to other trades’ failures to complete their work or tests in a timely manner will be billed at our regular billing rates. 5. The ASME code limits changes to the empty car weight + capacity of each elevator to 5% of the originally installed value. If past or proposed changes result in a change to the weight or system pressure (for hydraulic) greater than 5% above the original design values, the cost of any engineering and of any required modifications to the elevator system or structure shall be extra to this proposal scope and pricing. If this situation is discovered during the engineering process, KONE will notify purchaser and recommend an alternate design or other changes. 6. In order to provide best pricing, proposal excludes any extra demobilizations and remobilizations. If we must demobilize from the jobsite for any reason outside our control, we shall be compensated at our regular billing rates. 7. Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon Purchaser’s approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to purchaser with recommendations and cost for corrective action. 8. Asbestos: Notwithstanding anything contained to the contrary within this bid or contract, KONE’s work shall not include any abatement or disturbance of asbestos containing material (ACM) or presumed asbestos containing materials (PACM). Any work in a regulated area as defined by Section 1910 or 1926 of the Federal OSHA regulations is excluded from KONE’s scope of work without an applicable change order to reflect the additional costs and time. In accordance with OSHA requirements, the Customer shall inform KONE and its employees who will perform work activities in areas which contain ACM and/ or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during work before entering the area. Other than as expressly disclosed in writing, Customer warrants that KONE’s work area at all times meets applicable OSHA permissible exposure limits (PELs). KONE shall have the right to discontinue its work in any location where suspected ACM or PACM is encountered or disturbed. Any asbestos removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be the Customer’s sole responsibility and expense. After any removal or abatement, customer shall provide documentation that the asbestos has been abated from the KONE work area and air clearance reports shall be made available upon request prior to the start of KONE’s work. 9. Purchaser shall provide any security, escort or other building service support personnel required during demolition, installation, testing, and inspections. 10. For hydraulic elevators, we can assume no responsibility for unusual conditions such as hole cave in and complete hydraulic cylinder assembly embedded in concrete. The excavation of the hole to accommodate the new hydraulic cylinder assembly is based on encountering soil free of oil, rocks, boulders, building construction members, sand, water, quicksand, underground caves and/or any other obstructions or unusual conditions. Should such obstructions or unusual conditions be encountered, additional time above or beyond the working days estimated to complete this project may be required. We will proceed with this portion of the project on a time and material basis, based on our normal billing rates. 11. Proposed solution is subject to a complete engineering review by KONE engineering team to confirm feasibility of products proposed. Additional charges may apply for work not included, but required to meet system requirements. Additional charges for this work (if applicable) shall be mutually agreed upon.

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Appendix 3: Bid Attachment “A” / KONE Inc. General Terms and Conditions (Modernization) 1. APPLICATION OF THESE TERMS The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the “Proposal”). 2. SPECIAL PURCHASING REQUIREMENTS This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws. Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal. 3. PROPOSAL CONDITIONS The Proposal shall be open for acceptance within the period stated in the Bid Letter or, when no period is stated, for a period of 30 days from the date of the Bid Letter. Prior to commencing manufacture of the equipment described in the Bid Letter (“Equipment”), KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE’s letter specifying the ship date (“Ship Date Letter”) signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts. 4. PAYMENT TERMS Payment of the total Price is due within 30 days from invoice date, as follows: ● 30% of the Price for engineering, site management, and overhead, billable and due upon execution of this Proposal or receipt of the subcontract; ● 50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center; ● 20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation. KONE imposes a surcharge for payments made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the Customer at the payment portal. KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non-payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due. Payments to KONE are not contingent on any third-party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys’ fees. Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance or Equipment turnover, whichever occurs first. If certified payroll reporting is required, KONE will submit the requested reporting in the format of the U.S. Department of Labor form WH 347 & WH 348. The Price does not include Textura or any other special billing requirements, which can be added via change order at a rate of 0.3% of the Price.

5. INSTALLATION Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. Where KONE’s scope of work or other responsibilities include the obligation to utilize materials and/or finishes resembling or identical to those pre-existing in the building, KONE shall use reasonable efforts to procure such materials and Customer acknowledges and accepts that the materials and/or finishes reasonably available may not be in all respects identical to those pre- existing in the building. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements (“Site Requirements”), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE’s materials, KONE shall conduct a standard visual site survey to verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation. KONE’s site survey may include, but is not limited to, inspection of site access, working and safety conditions on site, wear and tear of any existing structures or surfaces, and planning of any dismantling or removal of existing equipment, components and materials, where applicable. KONE shall not be deemed to have surveyed any hidden structures, latent defects, subsurface conditions, or other non-visible matters, including but not limited to searching for hazardous substances and/or materials, which shall be subject to Section 16. If KONE’s site survey reveals any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance. Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material, if applicable. KONE’s work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE’s standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization. KONE shall not be required to perform overtime or any Customer directed change to its work (“Extra Work”) without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE’s right to seek payment for Extra Work performed. KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work. KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance, which is incorporated by reference herein. Should damage occur to KONE property, material or work-in- place by fire, water, theft or vandalism, Customer shall compensate KONE for said damages.

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Additionally, the Customer is solely responsible for ensuring that the equipment maintenance contractor, if not KONE, does not disturb, delay or interfere with KONE’s work. KONE shall abide by Customer’s safety policies and procedures to the extent such policies and procedures are not in conflict with KONE’s Safety Policy. Testing and/or security features of Equipment must be completed before Equipment turnover. KONE is not responsible for damages, either to Equipment or the building, or for any personal injury or death, arising out of or resulting from any code required safety tests performed on Equipment or hoistway access granted by Customer to other trades. 6. TEMPORARY USE Temporary use of certain types of Equipment may be permitted, provided the use period allows adequate time for Equipment restoration for final turnover and Customer executes KONE’s Temporary Use Agreement. Temporary use shall be invoiced separately and subject to payment terms in Section 4 herein. At the end of temporary use, Customer shall return the Equipment to KONE in "like new" condition. 7. HAZARDOUS MATERIALS KONE’s work shall not include any abatement or disturbance of asbestos-containing material (ACM), presumed asbestos-containing materials (PACM) or other hazardous materials (i.e., lead, PCBs) (collectively “HazMat”). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required for KONE to perform its work shall be the customer’s sole responsibility and expense. Prior to the execution of the contract, the owner and/or the general contractor are responsible for providing written notification to KONE of the existence of HazMat in any location where KONE’s work will be performed. Should the customer require elevator personnel to position/reposition the elevator equipment to allow the customer’s abatement company to perform abatement work, KONE will present a separate proposal for additional work to the customer. 8. TITLE AND RISK TO EQUIPMENT Title to and ownership of all Equipment intended for incorporation in KONE’s work, whether installed or stored on or off site, shall remain with KONE until final payment is made. Risk of loss in KONE’s work and Equipment passes to Customer upon delivery to the site or off-site storage. Any tools, devices, or other equipment that KONE uses to perform its work or monitor the Equipment remains the sole property of KONE. If this Proposal terminates or expires for any reason, Customer will give KONE access to the premises to remove such tools, devices or equipment at KONE’s expense. 9. TURNOVER Prior to turnover, KONE must receive a final punch list. Upon turnover, KONE requires a signed Uniform Final Acceptance. KONE shall provide its standard electronic O&M manuals with CD-ROMs in electronic format, if applicable, upon execution of the Uniform Final Acceptance. Standard KONE samples shall be provided upon request. No mock-ups or video training are included in the Price. 10. DELAY KONE shall not be liable for any loss, damage, claim, or delay due to any cause beyond KONE's control, including, but not limited to, acts of domestic or foreign government (including a change in law), strikes, lockouts, work interruption or other labor disturbance, delays caused by others, fire, explosion, theft, floods, inclement weather, riot, civil commotion, war, malicious mischief, infectious diseases, epidemic, In the event of such delays, KONE shall be entitled to an extension in time equal to the length of such delay affecting KONE and an equitable adjustment in the Price. Customer shall compensate KONE for labor and material cost escalations resulting from Project delays not caused by KONE, which extend completion of KONE’s work beyond the end of the current calendar year. Customer is on notice that IUEC labor rates increase annually. 11. LIMITED WARRANTY For one (1) year after the acceptance date set forth in the signed Uniform Final Acceptance, date of Equipment turnover, or date of Customer’s use of Equipment (unless such use is pursuant to the Temporary Use Agreement), whichever occurs first, KONE warrants Equipment against defect in workmanship and material. The warranty excludes remedy for damage or defect caused by abuse, misuse, vandalism, neglect; repairs, alteration or modifications not executed by KONE; improper or insufficient maintenance, improper operation, characteristics of the building such as electrical power or security features, natural or other catastrophe such as flood, fire, or storm, or normal wear and tear and normal usage. The warranty excludes training or instruction in the proper operation or maintenance of Equipment. Specific noise ratings and energy efficiencies cannot be guaranteed due to different building characteristics and ambient noise levels. Customer’s remedy is limited to repair or replacement of a defective part, in KONE’s sole discretion, and excludes labor. 12. INDEMNIFICATION KONE shall only indemnify and hold Customer harmless for claims, damages, losses or expenses, but excluding loss of use (“Claims”) due to bodily injury, including death, or tangible property damage (other than the Project or KONE’s work itself) to the extent caused by KONE’s negligent acts or omissions. KONE shall not indemnify Customer for any other Claims. Customer agrees to indemnify and hold KONE harmless from any Claim for bodily injury, including death, or tangible property damage in connection with the use or operation of the Equipment. Each party shall defend itself in the event of a Claim. 13. INTELLECTUAL PROPERTY KONE shall retain title and ownership of all intellectual property rights relating (directly or indirectly) to the Equipment provided by KONE, including but not limited to software or firmware (whether in the form of source code, object code or other), drawings, technical documentation, or other technical information delivered under the Proposal. KONE grants Customer a non-exclusive and non-transferable license and right to use the software and firmware in connection with the use and maintenance of the Equipment. Customer shall not use any drawings, technical documentation or other technical information supplied by or on behalf of KONE for any purposes other than those directly related to the Proposal or to the use and maintenance of the Equipment. Customer shall not in any form copy, modify or reverse engineer the software, or give access to the software for such use to any third party without KONE’s prior written consent.

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pandemic, quarantine, border or port of entry and exit restrictions or acts of God. 14. INSURANCE In lieu of any Customer insurance requirements, KONE shall provide its standard certificate of insurance, which shall be deemed to satisfy all insurance requirements for this Project. KONE shall not provide loss runs, insurance rate information, copies of its insurance policies or any other information which KONE considers confidential. KONE shall not provide coverage for professional (E&O) liability, pollution liability, data privacy/security, or no-fault medical payments. If the Project is covered by a Wrap Up Insurance Program, KONE agrees to participate provided there is no cost to KONE, no reduction in the Price, and subject to KONE’s review of the proposed program. If KONE’s primary limits are sufficient to satisfy insurance coverage requirements, excess/umbrella liability will not be required or if excess/umbrella is required, KONE’s excess coverage does not follow form although typically provides broader coverage than KONE’s primary policies. The excess coverage is not AM Best Rated nor licensed to do business within the jurisdiction although the carrier has strong Standard & Poor’s and Moody’s financial ratings that may be evidenced upon request. 15. LIMITATION OF LIABILITY In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, liquidated, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to this Proposal even if such party has been advised of the possibility of such Consequential Damages. The limitation set forth in this section shall apply whether the claim is based on contract, tort or other theory. 16. CONCEALED OR UNKNOWN CONDITIONS If during the course of its work, KONE encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or otherwise concealed physical conditions, KONE shall be entitled to an extension of time and additional costs for the performance of its work, which shall not be subject to any payment conditions or contingencies. 17. TECHNICAL SURVEY KONE’s Price and obligations under this Proposal are subject to a technical survey to be performed on Customer’s existing units within 90-days of the effective contract start date. If a safety hazard or code violation is identified during KONE’s technical survey, Customer shall immediately remove the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the unit. If additional work is necessary, KONE shall provide a separate proposal or recommendation for such work. Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE’s proposal or recommendation, KONE reserves the right to terminate this Proposal/contract without penalty.

18. TERMINATION If a party materially breaches this Proposal, the other party shall provide written notice of the breach and a reasonable time to cure the breach, but in no event less than 30 days. If the breaching party fails to cure the breach within the specified time period, the non-breaching party may terminate the Proposal upon 15 days written notice to the other party. If KONE notifies Customer of a material breach pursuant to this paragraph, KONE may temporarily suspend its work without liability. 19. GOVERNING LAW AND DISPUTE RESOLUTION The parties agree that this Proposal shall be governed by the laws of the state where the Project is located, and venue for disputes shall be located in that state. KONE does not agree to participate in arbitration proceedings. 20. PRICE ADJUSTMENT If the materials are manufactured more than twelve months after the Contract date, KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping. Further, KONE shall be entitled to an equitable adjustment in the Price for any increase in costs resulting from any change in law or tariffs. 21. 24/7 EMERGENCY VIDEO COMMUNICATIONS Applicable only for projects where KONE 24/7 Emergency Video Communications is included: The KONE 24/7 Emergency Video Communications contract addendum and General Terms and Conditions for KONE Digital Services must be signed by the Building Owner. This contract addendum requires the Building Owner to pay a fee for audio, video, and data connectivity. This payment obligation, among other provisions, survives termination of any maintenance agreement. 22. MISCELLANEOUS This Proposal, including the documents incorporated herein by reference, constitutes the entire agreement of the parties and supersedes all prior negotiations, understandings, and representations whether written or oral in relation to the subject matter hereof. Where a conflict or ambiguity exists between this Proposal and any other contract document (including but not limited to, Customer’s drawings and specifications), the terms and conditions of this Proposal shall control. This Proposal may be amended only in writing by the duly authorized representative of both parties. This Proposal may be executed in one or more counterparts. Each counterpart shall be considered an original and all of the counterparts shall constitute a single agreement binding all the parties as if all had signed a single document. For purposes of executing this Proposal, a document signed by electronic means is to be treated as an original document. The failure of either party to insist upon performance or strict performance of any of the terms or conditions of this Proposal shall not be deemed a waiver of any rights or remedies that such party may have or a waiver of any subsequent breach or default under this Proposal. Neither party may assign or transfer the benefit or burden of this Proposal without prior written consent of the other party.

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Appendix 4: Bid Attachment “B” / Site Requirements & Work by Other Trades The work described below is a summary of work to be performed by others (“Work by Other Trades”) that may be required in conjunction with the elevator modernization performed by KONE (the “Work”). Purchaser shall provide any and all building electrical, structural and mechanical system upgrades required for code compliance, life safety, and proper equipment installation and operation. The Authorities Having Jurisdiction (AHJ) may require additional remedial or preparatory work. All required remedial or preparatory work shall be performed by properly licensed trade contractors in compliance with applicable codes and based on a schedule of performance that allows for uninterrupted progress of the Work. Under no circumstances shall KONE be responsible for any cost associated with the performance of remedial work by others. Purchaser shall provide the following unless specifically included in KONE’s Work: 1. ELECTRICAL ● A properly rated three phase fused disconnect switch, externally operable and lockable in the open position, located as required by code. Accommodate any increases in motor size or feeder loads. ● A dedicated 110 VAC fused disconnect switch, externally operable and lockable in the open position adjacent to the machine room door for cab lighting and ventilation, located as required by code. ● Shunt-trip disconnect if fire sprinklers are present in machine room or hoistway. ● GFI 120 VAC convenience outlets in machine room and pit. ● Separate outlet in the pit area if a sump pump is installed. ● Telephone line service brought to the elevator machine room for emergency communication device. ● Any required RF shielding of TV or radio transmitters, antennae and/or wave-guides. ● Conduit with pull boxes from each elevator bank to any remote fire control or communication panels specified. ● Provide a separate 15-amp, 115 VAC fused service with ground (powered by building emergency power system, when available) for KONE 24/7 Emergency Communications, when specified. Must include the means to disconnect each service and lock-off in the “open” position (NFPA 70 article 620.22 and 620.53 or CEC article 38.22 and 38.53). If required by building code: standby/emergency power, sufficiently sized to provide power of permanent characteristics to each elevator’s disconnect, simultaneously, upon loss of regular power, including feeders, transfer switches and auxiliary contact signal outputs to elevator controllers.

2. MACHINE ROOM ● A code-compliant machine room. Provide or maintain fire rating as required by building code. ● Fire-rated door for access into the machine room. Door shall be self-closing and self-locking, operable from inside the room without the use of a key. ● Independent ventilation or an air conditioning system for the elevator machine room, to assure temperature is maintained between 65 degrees and 95 degrees Fahrenheit. ● Fire extinguisher inside machine room. ● Minimum clear machine room height of 7’-0”. ● Suitable lighting that provides a minimum of 19 ftc at floor. ● Removal of any non-elevator related equipment and materials from within the machine room and proper disposal of oil and other hazardous or non-hazardous substances and materials. 3. HOISTWAY ● A code-compliant hoistway, constructed in accordance with KONE's requirements and specifications. Provide or maintain fire rating as required by building code. ● Patching of all holes in hoistway walls with fire rated material. ● Beveling all ledges within hoistway measuring over 4”. ● Removal of any non-elevator related equipment and materials from within the hoistway and proper disposal of oil and other hazardous or non-hazardous substances and materials. ● A guarded light fixture and light switch in pit. Switch must be located 42” above the lowest landing floor level. ● A means of displacing water located in the pit and containing and disposing of oil, chemicals, and other substances in compliance with environmental laws and regulations (KONE assumes no responsibility for discharge of oil, chemicals, and other substances into storm water systems, sanitary sewer systems, retention ponds, etc.). Elevator hoistway ventilation to the outside atmosphere as required by building code. 4. FIRE SERVICE ● Fire alarm smoke detectors with wiring and relays in the machine room terminating at elevator controller. ● Fire alarm initiating devices must be located in front of each elevator entrance as well as in the machine room and at the top of the hoistway. ● Where sprinklers exist in the machine room and/or hoistway, a fire alarm initiating device within 12” of each sprinkler head.

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5. ACCESS INTEGRATION/SECURITY ● Our proposal includes KONE logic and provisions for the specified Touchscreen(s), Keypad Destination Operating Panel(s), Monitoring System(s) and Multi-Media Equipment. ● Card Readers and/or any additional required hardware & software for proper functionality of access control/security system(s) shall be furnished and installed by others. ● Any required software to ensure proper communication between KONE control system(s) and building system(s) shall be the responsibility of others. ● A designated 115V 15A circuit is required at each of the remote monitoring stations. ● KONE recommends a minimum 100 Mbit/s Ethernet for each of the following application(s): Integrated Touchscreen/Keypad Destination Operating Panels, Monitoring System, Multi-Media Equipment, and Card Readers. 6. COUNTERWEIGHTING ● Pricing is based upon the existing car to counterweight weight ratio being consistent with elevator industry standards. This is defined as the counterweight weight being equal to the empty car weight plus 40%. The actual assemblies will be weighed during the modernization process. If modifications are required to correct the existing weight balance, these modifications will be provided at additional cost. 7. RK1 FUSES AND CIRCUIT BREAKERS ● Fuses are to be current limiting class RK1 or equivalent. Circuit breakers are to have current limiting characteristics equivalent to RK1 fuses. Provisions of these fuses are the responsibility of others, not KONE.

8. GENERAL ● Access to the building to perform the Work and for deliveries with dry, protected storage adjacent to the hoistway. ● Cutting of existing walls, floors and finishes, together with all repairs made necessary by such cutting or changes, e.g. cutting of lobby walls for flush hall fixtures and removal of encroaching lobby features such as wall-mounted ashtrays. Removal, replacement, and/or repair of any mirrors, millwork, plaster, stone or other special hall finishes. ● All work of other trades must be complete and ready at time of first elevator inspection, or elevator will not be released for operation by the AHJ. If the AHJ does allow temporary operation under a Temporary Operating Inspection (TOI), any associated costs shall be Purchaser’s responsibility. ● Our tender is based on suitable site conditions, material and tooling storage space, and bathroom access being available on site. ● Safe working environment must be provided and supported by provision for adequate entrance protection, means of hoisting, hoistway dividing screens, and protection of floors walls and doors etc. ● Emergency evacuation procedures to be clearly defined where required. Subject to site survey and actions agreed. ● Any portion of the Work that is subject to the permissions of local authorities beyond the elevator permits must be identified to KONE. Responsibility for permits to be agreed. Permits and appropriate signage indicating any changes to pedestrian access routes for building users must be in place prior to start of the Work. ● Elevator installation methods requires the integrity of the existing Safety Gear and Overspeed protection devices, and are therefore subject to verification of suitability prior to commencement of the work. Any remedial work required or alternative solution is not included in this tender. ● If KONE 24/7 Emergency Video Communications: For units with travel greater or equal to 60 ft (18 m), or if located in a seismic zone and the code year is 2016 or later (regardless the travel): Customer will provide a dedicated Windows-based PC or laptop with Chrome browser and 24-hour/day Internet access. This computer must be accessible by emergency personnel to communicate through voice and text with people in the elevator and to have a video display of the cab interior. 05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 1 of 21 Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 2 of 21 Otis HydroFit™ MOD
Hydraulic Control System
8/1/2024

CUSTOMER NAME
CIty of Cathedral City
Attn: Patrick Bumstead
Otis Elevator Company
4949 Viewridge Ave
San Diego, CA 92123

PROJECT LOCATION
68700 Avenida Lalo Guerrero
Cathedral City, California, 92234

PROPOSAL NUMBER
F7SD1015/01
We propose to furnish labor and material to provide a microprocessor based HydroFit MOD control system.

It is a digital closed-loop microprocessor-based control system specifically designed to meet the particular needs of modernizing hydraulic elevators.

Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 3 of 21 Section 1
UNITS
DUTY
The present capacity and speed of the elevators will be retained as follows:

MACHINE # CAPACITY
(Pounds)
SPEED (Feet
per Minute)

LANDINGS OPENINGS
City Hall 3500 100 4 2 Front / 2 Rear
Police 3500 100 4 2 Front / 2 Rear
Attachment 1 to Exhibit A

OPERATION

NEW AUTOMATIC SELF-LEVELING
The elevator shall be provided with automatic self-leveling that shall typically bring the elevator car level with the floor landings + ¼” regardless of direction of travel. The automatic self-leveling shall correct for over travel or under travel and rope stretch.

NEW SPECIAL EMERGENCY SERVICE
Special Emergency Service operation shall be provided in compliance with the latest applicable revision of the ASME/ANSI A17.1 Code.

Special Emergency Service Phase I to return the elevator(s) non-stop to a designated floor shall be initiated by an elevator smoke detector system or a keyswitch provided in a lobby fixture.

The smoke detector system, if required, is to be furnished by others. The elevator contractor shall provide contacts on the elevator controller to receive signals from the smoke detector system.

A keyswitch in the car shall be provided for in-car control of each elevator when on Phase II of Special Emergency Service.

If an elevator is on independent service when the elevators are recalled on Phase I operation, a buzzer shall sound in the car and a jewel shall be illuminated, subject to applicable codes.

NEW INDEPENDENT SERVICE
When the Independent Service switch in the car operating panel is actuated; it shall cancel previously registered car calls, disconnect the elevator from the hall buttons, and allow operation from the car buttons only. Door operation shall occur only after actuation of the “DOOR CLOSE” button.

NEW INSPECTION OPERATION
For inspection purposes, an enabling keyswitch shall be provided in the car operating panel to permit operation of the elevator from on top of the car and to make car and hall buttons inoperative.

HOISTWAY ACCESS SWITCHES
An enabling keyswitch shall be provided in the car operating panel to render all car and hall buttons inoperative and to permit operation of the elevator by means of an access keyswitch adjacent to the hoistway entrance at the access landing.

OTIS ONE PLATFORM
Otis ONE is an internet of things (IoT) platform that enables advanced monitoring, big data analytics, and predictive maintenance to address potential issues before they occur, increasing elevator uptime and reducing service disruptions. Activation of these features is subject to execution of a separate Otis ONE license and subscription agreement and additional annual subscription fee which is not included in this Contract. Further, the Otis One hardware / equipment shall remain the property of Otis.

Attachment 1 to Exhibit A

Optional Otis ONE Subscription

Otis ONE Prime Subscription Features
 IoT connection with continuous elevator data collection  Monitoring by mechanics and OTISLINE
 Automated performance diagnostics and data analytics
 Over-the-air IoT software updates
 Otis Customer Portal access
 Real-time elevator status
 Performance & usage dashboards
 Service activity detail

Section 3

MACHINE ROOM EQUIPMENT

POWER SUPPLY
The power supply of 480V - 60HZ, alternating current will be retained with the new equipment arranged for this power supply.

NEW CONTROLLER
A microprocessor based HydroFit MOD control system shall be provided to perform all the functions of safe elevator motion and elevator door control. This shall include all the hardware required to connect, transfer and interrupt power, and protect the motor against overloading. The system shall also perform group operational control.

NEW SOFT STARTER
A new solid-state starter will be provided. It will be of the same power requirement and starting configuration as presently exists.

NEW PUMP MOTOR
The existing motor will be replaced with a motor that is of the same power characteristics and starting configuration as presently exists.

POWER UNIT

NEW SUBMERSIBLE
The existing power unit will be replaced with a new power unit. The new power unit consists of a positive displacement pump, motor, integral 4-coil control valve, oil tank and muffler. The pump and motor are submerged and are mounted to the tank with rubber isolators to reduce vibration and noise.

Attachment 1 to Exhibit A

NEW VALVE
A new integral 4-coil control valve will be installed to replace the existing valve. The valve consists of up, up leveling, down and down leveling controls along with manual lowering and a pressure relief valve.

Section 4

DOOR EQUIPMENT

NEW CLOSED LOOP DOOR OPERATOR
Install a new closed loop door operator. Car and hoist way doors shall be power operated by means of a closed loop door operator mounted on top of the car designed to give consistent door performance with changes in temperature, wind or minor obstruction in the door track. The system continually monitors door speed and position and adjusts it accordingly to match the pre- determined profile.

NEW DOOR-PROTECTION DEVICE
Install a new solid state, infrared passenger protection device on the car door. Elevator doors shall be provided with a reopening device that will stop and reopen the car door(s) and hoistway door(s) automatically should the door(s) become obstructed by an object or person.

NEW INTERLOCKS
New interlocks will be installed. The interlocks shall prevent operation of the elevator unless all doors for that elevator are closed and shall maintain the doors in their closed position while the elevator is away from the landing.

RETAIN CAR DOOR TRACKS AND HANGERS
The present car door tracks and hangers shall be retained and inspected for proper alignment.

Any adjustment required will be accomplished.

RETAIN HOISTWAY DOOR TRACKS AND HANGERS
The present hoistway door tracks and hangers shall be retained.

NEW HOISTWAY DOOR RESTRICTORS
Folding hoistway door restrictors shall be installed.

Section 5

HOISTWAY EQUIPMENT

Attachment 1 to Exhibit A

RETAIN CAR GUIDES
The existing car guides shall be retained.

RETAIN CAR INTERIOR
The present car interior shall be retained.

RETAIN FLOORING
The present flooring will be retained.

NEW PIT SWITCH
An emergency stop switch shall be located in the pit accessible from the pit access door.

NEW ACCESS ALERT HOISTWAY SAFETY DEVICE
We will furnish and install all the necessary components, circuitry and wiring for a new Access Alert system, which will operate on the elevator car top and pit.

Access Alert will be installed so the elevator can be controlled in a safe manner when an authorized person accesses the elevator hoistway. The Access Alert system meets all applicable safety codes.

This groundbreaking new product, Access Alert, is specifically designed to:
 Prevent work on top of the elevator without the top of car inspection station engaged properly.
 Prevents moving the elevator on inspection while personnel are in a potentially unsafe position.
 Prevent working in the elevator pit, while the pit stop switch is not engaged properly.  Meet applicable building and elevator codes.

Similar to the seatbelt alarm in your car, Access Alert provides a constant, noticeable reminder to anyone accessing the hoistway that they need to engage the stop switch before starting work. We believe the simplicity, ease of installation, and cost-effectiveness of this product will be an important way for you to invest in improving safety inside your facility.

Section 6

CAR FIXTURES

NEW APPLIED CAR OPERATING PANEL
An applied car operating panel shall be furnished. The panel shall contain a bank of mechanical illuminated buttons marked to correspond with the landings served, an emergency call button, emergency stop button, door open and door close buttons and a light switch. All buttons, when applicable, to be long life LED illumination. This panel shall be equipped with a button that shall initiate two-way communication between the car and a location inside the building, switching over to another location if call is unanswered.

Attachment 1 to Exhibit A

NEW EMERGENCY CAR LIGHTING
An emergency power unit employing a 6-volt sealed rechargeable battery and totally static circuit shall be provided. The power unit shall illuminate the elevator car and provide current to the alarm bell in the event of normal power failure. The equipment shall comply with the requirements of the latest applicable revision of the ASME/ANSI A17.1 Code.

NEW CAR POSITION INDICATOR
A car position indicator shall be installed. The position of the car in the hoistway shall be shown by illumination of the indication corresponding to the landing at which the car is stopped or passing.

NEW AUDIBLE SIGNAL (INDICATES PASSING OR STOPPING AT A LANDING) An audible signal shall sound in the car to tell passengers that the car is either stopping or passing a landing served by the elevator.

NEW AUDIBLE SIGNAL
Equipment shall be furnished to allow an audible announcement in each car of the name of the next selected landing at which the elevator will stop and the committed direction of travel. Several advisory messages shall also be available to indicate the need for elevator on special service or passenger delay of elevator.

NEW "IN-CAR" DIRECTION LANTERNS
Direction lantern(s) shall be mounted in car entrance jamb(s), visible from the corridor, which when the car stops and the doors are opening shall indicate the direction the car is traveling. A chime shall also be furnished on the car that will sound once for the “UP” direction and twice for the “DOWN” direction as the doors are opening.

Section 7

HALL FIXTURES

NEW HALL BUTTONS
New hall buttons shall be installed at each landing. An up button and a down button at each intermediate landing and a single button at each terminal landing shall be installed. All buttons, when applicable, shall be long-life LED illumination.

NEW HALL LANTERNS
Direction lanterns shall be provided at all hoistway entrances, with “UP” and “DOWN” indicators at intermediate landings and single indicators at terminal landings. A chime shall sound once for the “UP” direction and twice for the “DOWN” direction to announce the impending arrival of the associated elevator car.

Attachment 1 to Exhibit A

HEALTH PRODUCTS

No Health Products Specified

Section 9

WORK BY OTHERS –

NOT IN CONTRACT

The following items must be performed by others and you agree to provide this work in accordance with the applicable codes and enforcing authorities:

WORK BY OTHERS SCHEDULING
All “Work by Others” must either be completed prior to our manning the job or be properly scheduled as to not obstruct the progress of the project.

AIR CONDITIONING
Provide suitable ventilation and cooling equipment, if required, to maintain the machine-room temperature between 60°F and 100°F. The relative humidity should not exceed 95 percent non- condensing.

BUILDING POWER
Provide electrical power for light, tools, hoists, etc. during installation as well as electric current for starting, testing, and adjusting the elevator. Power of permanent characteristics to be provided to properly operate all the elevators concurrently scheduled to be modernized. Power must be a 3-phase 4 wire system with ground and bonded disconnects. Grounded leg delta systems are not acceptable.

SMOKE AND HEAT SYSTEM
Provide elevator lobby, machine room and hoistway smoke detecting devices located as required and wired from the fire control center to a controller in the machine room. Hoistway devices are required to be made accessible from outside the elevator hoistway. Coordinate signal connections and necessary testing with the Elevator Contractor. Provide the following zones and locate signal circuits in a properly labeled junction box in the machine room:

Main Floor Recall: Provide one set of normally closed contacts that will open when any smoke sensor related to the elevators at the designated main landing senses smoke. This excludes other devices located in the machine room, hoistway or main egress floor.

Attachment 1 to Exhibit A

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 10 of 21 Alternate Floor Recall: Provide one set of normally closed contacts that will open when the smoke sensor at the main egress floor senses smoke.

Machine Room/Hoistway Recall: Provide one set of normally closed contacts that will open when any smoke sensor located in the machine room or hoistway/pit senses smoke.

SPRINKLERS
Provide code compliant sprinkler system, as required, in the hoistway, pit and machine room. If sprinklers are being installed or altered in the hoistway(s), pit or the machine rooms, a means must be provided to disconnect three-phase power before water is applied. This is usually accomplished with a shunt trip breaker that must be located outside the elevator machine room. The shunt trip breaker may be activated by heat detectors located within 24” of the sprinkler heads and arranged to trip at a lower temperature than the sprinkler heads. A heat detector is not required in the pit if the sprinkler head is within 24” of the pit floor. Heat and smoke devices in elevator hoistways must be installed with UL rated and lockable panels that are accessible for servicing from outside the hoistway. The panel interiors are to be guarded using a minimum 13 gauge metal with a pattern of maximum ¾ inch holes.

CUTTING AND PATCHING
Do any cutting, (including cutouts to accommodate hall signal fixtures, entrances and/or machine room access) patching and painting of walls, floors or partitions.

MAIN DISCONNECT
Provide a fused lockable disconnect switch or circuit breaker for each elevator per the National Electrical Code with feeder or branch wiring to the transformer. Size to suit elevator contractor.

Provide a SHUNT TRIP disconnect, as required, if sprinklers are being provided. Provide suitable connections from the main disconnect to the elevator control equipment.

Electrical Feeder system to limit available short circuit to not more than 10k amps at the load side of the elevator main line disconnect.

GROUND WIRE
Provide a properly sized ground wire from the elevator controller(s) to the primary building ground.

EMERGENCY COMMUNICATIONS – Phone Only
Provide a continuously monitored phone line terminating at Otis controller.

EMERGENCY COMMUNICATIONS – Voice / Video / Text
Provide a dedicated 125 volt, 15 ampere single-phase power supply with a fused SPST disconnect switch or circuit breaker, per group of elevators in the same location as the 3-phase elevator disconnect. This disconnect or breaker shall be capable of being locked in the open position per National Electrical Code or Canadian Electrical Code, as applicable. If Emergency (standby) power system is supplied this disconnect must be arranged to be feed from the same emergency (standby) power transfer switch as the elevator group. Provide a dedicated RJ45 internet network connection in each control room, minimum download speed 5Mbps per elevator, minimum upload speed 1Mbps per elevator.

Number of Elevators Min. Download Bandwidth (Mbps) Min. Upload Bandwidth (Mbps) 1 - 3 5 1
4 10 2
Attachment 1 to Exhibit A

GFCI OUTLETS
Provide 120volt GFCI type convenience outlets in the machine room and in each pit. . Provide additional non-GFCI outlet in each pit for use by sump pump. Pits subject to sprinklers shall have NEMA 4 rated fixtures if located below 48” above pit floor.

CAR LIGHT POWER SUPPLY AND DISCONNECT
For each car provide a 120 volt AC, 15 amp, single-phase power supply with fused disconnect switch (or circuit breaker) capable of being locked in the open (off) position with feeder wiring to each controller located in the machine room.

VIDEO DISPLAY POWER SUPPLY AND DISCONNECT
For each car provide a 120 volt AC, 15 amp, single-phase power supply with fused disconnect switch (or circuit breaker) capable of being locked in the open (off) position and with GFCI outlet located in the machine room.

REMOTE PANELS
Provide required conduit, with adequate pull boxes and ells from the elevator hoistway(s) to the location or locations required to facilitate the installation of Lobby Panels, Fire Control Room Panels or Elevator Monitoring Systems. Size and number as specified by Otis. Leave a measured pull tape in the conduit. Otis to furnish and pull required conductors.

EMERGENCY (STANDBY) POWER
If emergency power is available, verify and provide the following:

a. Power that meets the load characteristic requirements of the new control system. Power that is capable of operating and providing sufficient power to non-linear elevator loads and that is capable of absorbing regenerated power resulting from running elevators with overhauling loads.

b. Two conductors to the machine room from a normally closed auxiliary contact on the Owner’s EP transfer switch. Contacts to open when power transfers to the emergency source.

c. Two additional conductors to the machine room from an adjustable timed relay on the Owner’s EP transfer switch to indicate “request to transfer” from standby to normal power.

d. Power for 115VAC circuits that supply elevator cab lights, cab fan, communication means, EMS, Lobby Panels, and Compass dispatching systems (if applicable).

e. Power for machine room lighting, ventilation and cooling means.

ROOF LIGHTING
Lighting is required to illuminate machine room access paths on the roof.

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 12 of 21 ladder and a minimum of 24” above the threshold level. Lighting must have code compliant guards of either grounded metal, plastic or comparable. Pits subject to sprinklers shall have NEMA 4 rated fixtures.

PROJECT BEING “DRIED-IN”
Work, as required, to keep the elevator lobbies, hoistway, machine room and storage area “dried-in” for the entire length of the project.

MACHINE ROOM ACCESS
Provide a self-locking and self-closing door for the elevator machine room. Access door to be adequately sized to accept our equipment. Modify machine room access, as required, to comply with code and facilitate safe egress of all equipment.

FIRE EXTINGUISHER
Provide fire extinguisher in elevator machine room.

NON-ELEVATOR MATERIAL IN HOISTWAY
Remove or encapsulate, as required, any non-elevator related pipes or wiring located in the elevator machine room or hoistway.

HOISTWAY VENTILATION
Provide code compliant hoistway ventilation. Code requires a means to prevent the accumulation of hot air and gasses at the top of the hoistway. Pressurizing the hoistways, or providing vents from the top of the hoistway to the outside of the building usually accomplishes this. Vents shall not be less than 3 1/2% of the area of the hoistway nor less than 3 sq. ft. for each elevator car, whichever is greater. You may not vent the hoistway to the machine room. If the hoistway vents must run through the machine room, they must be enclosed in a fire rated structure and not violate clearances around our equipment.

HOISTWAY LEDGES
Provide a 75o angle constructed of a non-combustible material on all ledges that are 2” greater in the hoistway, excluding multi-hatch divider beams.

SUMP HOLE GRATING
Provide a flush grating over the sump hole located in the elevator pit.

STORAGE
Provide dry, protected and secure storage space adjacent to the hoistway(s). Otis shall be compensated for material delivered that is stolen or removed from the jobsite.

DISPOSAL
The disposal of removed elevator components; machines, controllers, ropes, hydraulic fluid, oils, buffers and packing materials from the new equipment and any and all related materials shall be the sole responsibility of the Customer or owner. If a dumpster is provided on site, we will deposit waste materials in the dumpster or at an agreed upon on-site location for removal by the Customer or owner.

PIT LADDERS
Provide a pit ladder, as required, in each pit that does not have walk-in access doors. Ladder shall extend 48” above first landing access door.

OPERATING ELEVATORS FOR OTHER TRADES
Attachment 1 to Exhibit A

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 13 of 21 If we are required to operate an elevator to facilitate the work of other trades (e.g., sprinklers, smoke sensors, ledges, etc.) then we shall be compensated for this lost time and the project schedule shall also be modified.

EMERGENCY RETURN UNIT (ERU)
If an ERU battery-operated lowering device is being provided with your hydraulic elevator modernization than others are to provide an auxiliary contact in either the existing lockable disconnect (if currently code compliant) or in a new code compliant lockable disconnect.

ASBESTOS
Should any asbestos be found to be present in the building which is related to any of our work, it shall be the responsibility of others to monitor, abate, contain or prepare the workplace as safe for our employees to work within or about. Otis will not be responsible for working with asbestos which may be disturbed or uncontained. Otis will not be responsible for any costs associated with delay of the job should asbestos be detected or require addressing by others for us to proceed. This includes but is not limited to re- mobilization charges which may be applied.

HAZARDOUS MATERIALS
You agree to notify Otis if you are aware or become aware prior to the completion of the work of the existence of asbestos or other hazardous material in any elevator hoistway, machine room, hallway or other place in the building where Otis’ personnel are or may be required to perform their work. In the event it should become necessary to abate, encapsulate or remove asbestos or other hazardous material from the building, you agree to be responsible for such abatement, encapsulation or removal, and any governmental reporting, and in such event Otis shall be entitled to (i) delay its work until it is determined to Otis’ satisfaction that no hazard exists and (ii) compensation for delays encountered.

MATERIAL RESPONSIBILITY
Otis maintains no responsibility for material delivered to the jobsite. The Customer is financially responsible for all cost to replace any damaged, stolen or missing material or equipment. Otis will not be responsible for deductibles on “Builder’s Risk” insurance policies. Otis will provide a change order, police report and affidavits as needed to substantiate the claim. Otis will not procure replacement equipment until a signed change order is received.

LOCKOUT TAG OUT
In furtherance of OSHA’s directive contained in 29 C.F.R. § 1910.147(f)(2)(i), which requires that a service provider (an “outside employer”) and its customer (an “on-site employer”) must inform each other of their respective lock out/tag out (“LOTO”) procedures whenever outside servicing personnel are to be engaged in control of hazardous energy activities on the customer’s site, Otis incorporates by reference its mechanical LOTO procedures and its electrical LOTO procedures. These procedures can be obtained at www.otis.com by (1) clicking on “The Americas” tab on the left side of the website; (2) choosing “US/English” to take you to the “USA” web page; (3) clicking on the “Otis Safety” link on the left side of the page; and (4) downloading the “Lockout Tagout Policy Otis 6.0” and “Mechanical Energy Policy Otis 7.0,”, or the then most current version, both of which are in .pdf format on the right side of the website page.

Customer agrees that it will disseminate these procedures throughout its organization to the appropriate personnel who may interact with Otis personnel while Otis personnel are working on site at Customer’s facility.

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 14 of 21 classify such Elevator Spaces as non-permit required confined spaces. In the event that the Customer, others, or unique site conditions or hazards (such as chemical manufacturing sites) require Otis to handle such Elevator Spaces as Permit-Required Confined Spaces, the Customer or owner will be responsible for supplying, at its expense, all resources, including monitoring, permitting, attendants and rescue planning associated with handling such Elevator Spaces as Permit-Required Confined Spaces. The Customer or owner is required to inform Otis of all known or potential hazards related to Elevator Spaces that Otis may be required to access prior to Otis performing any work in such spaces. Further, the Customer or owner is required to communicate any changes in the conditions associated with such Elevator Spaces or activities in or around such spaces that could introduce a hazard into such spaces.

Section 10

GENERAL REQUIREMENTS

EXAMINATION OF EQUIPMENT
Except insofar as your equipment may be covered by an Otis maintenance or service contract, it is agreed that we will make no examination of your equipment other than that necessary to do the work described in this Contract and assume no responsibility for any part of your equipment except that upon which work has been done under this contract.

RE-MOBILIZATION
You agree to pursue and schedule the work by other trades in a timely manner so as to not interrupt our work. Should our crew(s) have to suspend work on the job to await the conclusion of work by others not party to this contract, we shall be entitled to a re-mobilization charge of two thousand ($2,000) dollars. We shall also extend the stated durations to the extent that we are delayed.

INSURANCE
OTIS
Otis agrees to maintain General Liability coverage in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, Automobile Liability in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, Worker’s Compensation in statutory limits. Employer’s Liability in the amount of $1,000,000 for Each Accident, Each Employee – Disease. We shall maintain worker’s compensation and employers’ liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance.

CUSTOMER
You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us.

CERTIFICATES
If either party so requires, in writing, the other party shall furnish a copy of the certificates of insurance evidencing the above insurance coverages.

Attachment 1 to Exhibit A

PRE-EXISTING CONDITIONS HYDRAULIC
We have not included for any additional costs associated with identifying or correcting car weights previously increased or decreased more than the ASME code allowance of 5% of original design.

 Our quoted price is based on the “Initial Payment” equaling 50% of Contract award. This amount PLUS a fully executed subcontract must be received prior to releasing equipment for manufacturing or scheduling any other work. Refer to the “Schedule of Values” below.  Otis will mobilize after the “Material Delivery Payment” is received. See “Schedule of Values” below.
 If Otis is directed by you to furnish any labor, service, or material that is outside of the mutually agreed upon scope of work of this Contract(“Out of Scope Work”), Otis may agree to perform such Out of Scope Work (1) subject to receipt of a written notice to proceed prior to commencement of any such Out of Scope Work; and (2) contingent upon receipt of a mutually agreed upon and executed change order within thirty (30) calendar days of such written notice to proceed. If the parties are unable to agree to terms that lead to the issuance of a mutually agreed upon and executed change order within such thirty (30) day period, Otis may suspend the Out of Scope Work. Notwithstanding any other provision, language, term or condition to the contrary, Otis shall not be liable for any project delays and/or damages, including but not limited to liquidated damages, associated with a delay in the issuance of a mutually agreed upon and executed change order.

SUBSTANTIAL COMPLETION/“LABOR PROGRESS PAYMENTS”
 This payment is due upon substantial completion of each modernized elevator. The “Labor Progress Payment” amount shown on the SOV is divided by the total number of elevators being modernized as a part of this Contract. Substantial completion is defined as a functional elevator that is acceptable by the authority having jurisdiction as useable for temporary or general use. Any agreed upon punch-list items will be corrected within a mutually agreeable timeframe. This payment, however, is still due upon substantial completion of each elevator.
 Final retention payment shall be due within thirty (30) days after acceptance of each elevator installation. Otherwise, warranties shall be suspended or terminated at Otis’ absolute discretion.
 All change orders must be executed and paid prior to scheduling a final inspection and turnover of each elevator to customer.
 Otis will not agree to any language referencing or implying “pay when paid.” This Contract is between Otis Elevator and referenced entity. The attached payment schedule (“Schedule of Values”) is not contingent upon said entity’s ability to be paid by others or any other factor or event not described above.

Attachment 1 to Exhibit A

SCHEDULE OF VALUES:

SCHEDULE OF VALUES
Base Contract Amount: $275,877
DUE DATE DESCRIPTION % VALUE
Due within 30 days
from date of invoice
or prior to release of
factory orders,
whichever occurs
first.

Engineering/Drawings/Mobilization
“Initial Payment”
50% $137,939
Due within 30 days
from date of invoice
or prior to installation,
whichever occurs
first. Installation will
not commence until
this material
payment is made.

Materials for project
“Material Delivery Payment”
25% $68,969
Due within 30 Days
from substantial
completion of each
elevator.

Installation labor
“Labor Progress Payments”
25% $68,969

Otis may add a surcharge to the Purchase Price to compensate for changes to import tariffs implemented after the date hereof by the United States government. The surcharge will be in an amount as determined by Otis that either approximates the increase in cost to the actual products imported hereunder due to such tariff increases, or in an amount that allocates the overall increases in import tariffs across Otis’ United States business to this project in proportion to the amount of imported materials allocated to this project.

LEAD TIME AND DURATION
We anticipate approximately 12 weeks manufacturing time from receipt of approvals and down payment.

Attachment 1 to Exhibit A

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 17 of 21 Thereafter, we expect the modernization to take approximately 5 weeks per car . All work will be performed during our regular working hours of our regular working days.

SCHEDULE
Our proposal is based on a delivery date of March 2025. If the delivery date is delayed 90 calendar days or greater, customer agrees to pay applicable factory material price increases. A fully executed change order and full payment of the price increase, in addition to full payment of the required down payment by Customer is required prior to the factory material being ordered and released. Additionally, if your project schedule changes and extends installation or completion of labor into a future year or year(s), Customer agrees to pay applicable labor escalation price increases. A fully executed change order regarding the labor escalation price increase must be executed prior to mobilization and the start of any work.

Due to current market conditions the availability of elevator installation labor is limited. If this proposal is not accepted within 30 days, prior to acceptance of any award Otis reserves the unilateral right to decline the award based on a review of the project schedule and our labor availability/commitments.

CODE CLARIFICATIONS
ASME A17.1 / CSA B44 (2016 or earlier): It is our understanding the International Building Code (IBC), 2018 Edition is NOT applicable to this project. Otis has included an emergency communication system that conforms to ASME A17.1 / CSA B44 (2016 or earlier), Requirement 2.27.1.1. It should be noted that at the present time there is a potential conflict concerning the emergency communication system requirements between IBC 2018 and ASME A17.1 / CSA B44 (Safety Code for Elevators and Escalators) and you agree to to hold Otis harmless for any claim, loss, cost, or damage in connection with any such conflict.

Work By Others
Customer or owner will provide one (1) dedicated outside telephone line to the elevator machine room as described in the “Work by Others” section.

Section 11

ALTERNATES

Alternate 1:

ADD: $8,000.00 for Otis One PRO Emergency Communication System

Please indicate your intention to choose this option by initialing here: ______

The extent of the work to be performed is either described above or in the attached specification which is incorporated into and made a part of this document.

PRICE $275,877 “Cost w/Tax” Or “Cost w/o Tax”
DollarsType Dollar Amount

This price is based on a fifty percent (50%) downpayment in the amount of $137,939 Attachment 1 to Exhibit A

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 18 of 21 This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified below for whom you are authorized to contract, and us when accepted by you and our authorized representative through execution of this proposal; or by your authorizing us to perform work for the project and our commencing such work. This quotation is valid for thirty (30) days from the date of submission unless changed by us prior to a fully executed contract.

Accepted in Duplicated Submitted by:

Jessica Williams

CUSTOMER OTIS ELEVATOR COMPANY
Approved by Authorized Representative Approved by Authorized Representative
Date: Date:

Signed: X Signed: X
Print Name: Print Name:

Title: Title:

Name of Company:

Attachment 1 to Exhibit A

TERMS AND CONDITIONS

This Contract constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or any other document and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Contract shall not be binding upon either party unless agreed to in writing by an authorized representative of each party. Both parties agree that any form issued by you that contains any terms that are inconsistent with those contained herein shall not modify this Contract, nor shall it constitute an acceptance of any additional terms.

The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described.

This quotation is subject to change or withdrawal by us prior to written acceptance.

We warrant to you that the work performed by us hereunder shall be free from defects, not inherent in the quality required or permitted, in material and workmanship for one (1) year from the date of substantial completion. Our duty and your remedy under this warranty are limited to our correcting any such defect you report to us within the warranty period by, at our opinion, repair or replacement, provided all payments due under the terms of this Contract have been made in full. All parts used for repair or replacement under this warranty shall be good quality and furnished on an exchange basis. Printed circuit boards used for replacement parts under this warranty may be refurbished boards. Exchanged parts become our property. This warranty excludes any damage due to ordinary wear and tear and any damage due to any reason beyond our reasonable control including but not limited to vandalism, abuse, misuse, neglect, modifications not performed by us, or improper or insufficient maintenance by others.

THE EXPRESS WARRANTIES SET FORTH IN THIS CONTRACT ARE THE EXCLUSIVE WARRANTIES GIVEN: WE MAKE NO OTHER WARRANTIES EXPRESS OR IMPLIED, AND SPECIFICALLY MAKE NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE;

AND THE EXPRESS WARRANTIES SET FORTH IN THIS CONTRACT ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART.

We shall perform the work during our regular working hours of our regular working days unless otherwise agreed in writing. You shall be responsible for providing suitable storage space at the site for our material.

You shall obtain title to the equipment furnished hereunder when final payment for such equipment is received by us. In addition, you shall be granted a license to use software incorporated into such equipment solely for operating such equipment and in accordance with the terms regarding licensing further below. Further, Customer shall not have the right to take title or possession of any of Otis’ tools or machinery used by Otis in providing its services or work.

Any drawings, illustrations or descriptive matter furnished with the proposal are submitted only to show the general style, arrangement and dimensions of the equipment.

Payments shall be made pursuant to the payment schedule above and on the following terms: If the work is not completed within a thirty day period, monthly progress payments shall be made based on the value of any equipment ready or delivered, if any, and labor performed through the end of the month less the agreed upon retainage and the aggregate of previous payments. We shall be paid in full for all change orders and no less than the percentage base contract amount stated above prior to scheduling an inspection and/or turnover of the elevators to you for use. The retainage shall be paid when the work is completed. We reserve the right to discontinue our work at any time until payments shall have been made as agreed and we have assurance satisfactory to us that subsequent payments will be made when due. Payments not received within thirty (30) days of the date of invoice shall be subject to interest accrued at the rate of eighteen percent (18%) per annum or at the maximum rate allowed by applicable law, whichever is less. We shall also be entitled to reimbursement from you of the expenses, including attorney’s fees, incurred in collecting any overdue payments.

Any material removed by us in the performance of the work shall become our property.

Our performance is conditioned upon your securing any required governmental approvals for the installation of any equipment provided hereunder and your providing our workmen with adequate electrical power at no cost to us with a safe place in which to work, and we reserve the right to discontinue our work in the building whenever in our opinion working conditions are unsafe. If overtime work is mutually agreed upon and performed, an additional charge thereof, at our usual rates for such work, shall be added to the Contract price. The performance of our work hereunder is conditioned on your performing the preparatory work and supplying the necessary data specified on the front of this proposal or in the attached specification, if any. Should we be required to make an unscheduled return to your site to begin or complete the work due to your request, acts or omissions, then such return visits shall be subject to additional charges at our current labor rates. We disclaim any responsibility for claims or damages associated with elevator service interruptions caused by or resulting from work performed by you or others retained by you to perform work.

We shall retain a security interest in all material furnished hereunder and not paid for in full. You agree that a copy of this Contract may be used by us as a financing statement for the purpose of placing upon public record our interest in any material furnished hereunder, and you agree to execute a UCC-1 form or any other document reasonably requested by us for that purpose.

Except insofar as your equipment may be covered by an Otis maintenance or service contract, it is agreed that we will make no examination of your equipment other than that necessary to do the work described in this Contract and assume no responsibility for any part of your equipment except that upon which work has been done under this Contract.

Attachment 1 to Exhibit A

We do not agree under our warranty to bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not performed by us, improper or insufficient maintenance by others, or any cause beyond our control.

We shall conduct, at our own expense, the defense of any claim, suit or action alleging that, without further combination, the use by you of any equipment provided hereunder directly infringes any patent, but only on the conditions that (a) we receive prompt written notice of such claim, suit or action and full opportunity to assume the sole defense thereof, including settlement and appeals, and all information available to you for such defense; (b) said equipment is made according to a specification or design furnished by us; and (c) the claim, suit or action is brought against you. Provided all of the foregoing conditions have been met, we shall, at our own expense, either settle said claim, suit or action or shall pay all damages excluding consequential damages and costs awarded by the court therein and, if the use or resale of such equipment is finally enjoined, we shall at our option, (i) procure for you the right use of the equipment, (ii) replace the equipment with equivalent noninfringing equipment, (iii) modify the equipment so it becomes noninfringing but equivalent, or (iv) remove the equipment and refund the purchase price (if any) less a reasonable allowance for use, damage or obsolescence.

Otis shall not be liable for any loss, damage, or delay nor be found to be in default or breach due to any cause beyond it’s reasonable control including, but not limited to acts of God or nature: fire: explosion; theft; floods; water; weather; traffic conditions; epidemic, pandemic, quarantine or other local, state, or federal government action in response thereto; sabotage; national emergency; act of terrorism; earthquake; riot; civil commotion; war; vandalism; national or local labor strikes, lockouts, other labor disputes; misuse, abuse, neglect, mischief, or work by others (collectively “Causes Beyond Otis’ Reasonable Control”). Otis shall be allowed a reasonable amount of additional time for the performance of the Work due to Causes Beyond Otis’ Reasonable Control. Otis’ ability to maintain scheduled job progress is further conditioned upon the timely furnishing to Otis by Customer of completed and code compliant hoistway(s) (wellway) and machine rooms, necessary approvals and power of proper characteristics for Otis’ uninterrupted use.

The products and/or services being provided may result in the collection of Personal Information. The Parties will comply with applicable Data Privacy Laws as they pertain to personal information processed in connection with activity under this Contract. “Personal Information” shall mean information and data exchanged under this Contract related to an identifiable natural person. “Processing” of Personal Information shall mean the operation or set of operations whether automated or not, performed on Personal Information such as collecting, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing, sharing or erasing. “Controller” shall mean the party that determines the purposes and means of processing Personal Information. With respect to any Personal Information provided by you to Otis, you shall be the Controller and you warrant that you have the legal right to share such Personal Information with Otis and you shall be responsible for all obligations relating to that data, including without limitation providing notice or obtaining consent as may be required by law. Once you have lawfully provided Personal Information to Otis, you and Otis shall become co-Controllers. Otis may share such Personal Information internally, across borders and with service providers in accordance with applicable Data Privacy Laws. Otis transfers information subject to the corporate rules of its parent company. Otis may store Personal Information provided by you on servers located and accessible globally by Otis and its parent and their services providers. The parties agree to cooperate and to take reasonable commercial and legal steps to protect Personal Information against undue disclosure. In this regard each party shall notify the other in the event of a data breach, which shall include the actual or unauthorized access to or possession of, or the loss or destruction of, Personal Information, whether intentional or accidental. The party whose system was compromised in the data breach incident shall be responsible for any notifications and associated costs. Should either party receive in any form, (i) a complaint or allegation indicating a violation of applicable data privacy law, (ii) a request seeking access to correct or delete Personal Information or (iii) an inquiry or complaint related to the processing of personal information, said party shall take reasonable commercial steps to immediately notify the other party.

Your remedies set forth herein are exclusive and our liability with respect to any contract, or anything done in connection therewith such as performance or breach thereof, or from the manufacture, sale, delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, in tort, in warranty or otherwise, shall not exceed the price for the equipment or services rendered.

It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment furnished hereunder is periodically inspected.

05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 21 of 21 except as a part of a transfer of ownership of the equipment in which such part is installed, provided that you inform us in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms prior to any such transfer.

Our work shall not include the identification, detection, abatement, encapsulation or removal of asbestos, polychlorinated biphenyl (PCB), or products or materials containing asbestos, PCB’s or other hazardous substances. In the event we encounter any such product or materials in the course of performing work, we shall have the right to discontinue our work and remove our employees from the project until you have taken the appropriate action to abate, encapsulate or remove such products or materials, and any hazards connected therewith, or until it is determined that no hazard exists (as the case may require). We shall receive an extension of time to complete the work hereunder and compensation for delays encountered as a result of such situation.

Attachment 1 to Exhibit A
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1 AGREEMENT FOR MINOR CONSTRUCTION SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

OTIS ELEVATOR COMPANY
This Agreement for Minor Construction Services (“ Agreement”) is entered into as of December, 20 24 (“Effective Date ”) between the City of Cathedral City , a municipal corporation (“ City”) and OTIS Elevator Company (“Contractor”) (collectively the “ Parties”). 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. SCOPE OF SERVICES

1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 9 months commencing on the Effective Date (“Term”).

1.2 Contractor Services . Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work . Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“ Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance ”). Modifications to the Schedule of Performance must be

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2 agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

1.5 General Warranty . Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non -conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects . Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non -conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require verifying that any corrective actions are adequate to remedy the defective condition. In the event th e Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative . Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made

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3 part of this Agreement by reference:

Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required

The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non -disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for S ervices performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor .

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control.

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4 Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor 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. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights.

Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services . Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses . Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

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5 3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts . To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work . Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records . In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws . Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant , in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of,

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6 or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non -binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances . For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq .; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq .; the Insecticide,

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7 Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq .; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq .; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying . Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records 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 Contractor’s address indicated for receipt of notices in this Agreement.

5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing

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

SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance . Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not -to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions . Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30)

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9 days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California -admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non -disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty -five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void,

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10 and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage . Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages . The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non -performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, repr esent a reasonable estimate of the monetary damages that reasonably could be anticipated, and that proof of actual damages would be costly or impractical. The Parties sp ecifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. 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.

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6 Governing Law. 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. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

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11 9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, 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 Contractor 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.

9.8 Severability. If a 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).

9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and 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 amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

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

9.12 Delivery Of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

4848-7813-0734 v2
12 9.14 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 or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s Fees, Costs and Expenses . In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

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

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

9.19 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 9.10 [Amendment] and the City Manager’s contracting authority under the Cathedral City Municipal Code.

4848-7813-0734 v2
13 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF CATHEDRAL CITY CONTRACTOR:

________________________________ ______________________________ Charles P. McClendon, City Manager By: Brian Kegler
Its: ___________________________
ATTEST:
______________________________
By: __________________________
Its: __________________________
________________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

________________________________
Eric S. Vail, City Attorney

4848-7813-0734 v2
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 )

COUNTY OF RIVERSIDE )
On ____________________, 2024, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , 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 of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

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:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

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:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
4848-7813-0734 v2
EXHIBIT “A”

SCOPE OF SERVICES
Contractor shall replace elevators in the Civic Center complex for City Hall and Police Department based on the following minimum requirements and as more specifically described in the contractor’s proposal, incorporated herein as attachment 1 to Exhibit A.

Operations
New automatic Self-Leveling, New Special Emergency Service, New Independent Service, New Inspection Operation, Hoistway Access Switches, OTIS One Platform.

Machine Room Equipment
Power Supply, New Controller, New Soft Starter, New Pump Motor, Power Unit, New Valve.

Door Equipment
New Closed Loop Door Operator, New Door-Protected Device, New Interlocks, Retain Car Door Tracks and Hangers, Retain Hoistway Door Tracks and Hangers, New Hoistway Door Restrictors.

Hoistway Equipment
Retain Car Guides, Retain Car Interior, Retain Flooring, New Pit Switch, New Access Alert Hoistway Safety Device.

Car Fixtures
New Applied Car Operating Panel, New Emergency Car Lighting, New Car Position Indicator, New Audible Signal, New In-Car Direction Lanterns.

Hall Fixtures
New Hall Buttons, New Hall Lanterns
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 1 of 21 Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 2 of 21 Otis HydroFit™ MOD
Hydraulic Control System
8/1/2024

CUSTOMER NAME
CIty of Cathedral City
Attn: Patrick Bumstead
Otis Elevator Company
4949 Viewridge Ave
San Diego, CA 92123

PROJECT LOCATION
68700 Avenida Lalo Guerrero
Cathedral City, California, 92234

PROPOSAL NUMBER
F7SD1015/01
We propose to furnish labor and material to provide a microprocessor based HydroFit MOD control system.

It is a digital closed-loop microprocessor-based control system specifically designed to meet the particular needs of modernizing hydraulic elevators.

MACHINE # CAPACITY
(Pounds)
SPEED (Feet
per Minute)

LANDINGS OPENINGS
City Hall 3500 100 4 2 Front / 2 Rear
Police 3500 100 4 2 Front / 2 Rear
Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 4 of 21 Section 2

OPERATION

NEW SPECIAL EMERGENCY SERVICE
Special Emergency Service operation shall be provided in compliance with the latest applicable revision of the ASME/ANSI A17.1 Code.

Special Emergency Service Phase I to return the elevator(s) non-stop to a designated floor shall be initiated by an elevator smoke detector system or a keyswitch provided in a lobby fixture.

The smoke detector system, if required, is to be furnished by others. The elevator contractor shall provide contacts on the elevator controller to receive signals from the smoke detector system.

A keyswitch in the car shall be provided for in-car control of each elevator when on Phase II of Special Emergency Service.

If an elevator is on independent service when the elevators are recalled on Phase I operation, a buzzer shall sound in the car and a jewel shall be illuminated, subject to applicable codes.

Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 5 of 21 Optional Otis ONE Subscription
Otis ONE Prime Subscription Features
 IoT connection with continuous elevator data collection  Monitoring by mechanics and OTISLINE
 Automated performance diagnostics and data analytics
 Over-the-air IoT software updates
 Otis Customer Portal access
 Real-time elevator status
 Performance & usage dashboards
 Service activity detail
Section 3

MACHINE ROOM EQUIPMENT

POWER SUPPLY
The power supply of 480V - 60HZ, alternating current will be retained with the new equipment arranged for this power supply.

NEW SOFT STARTER
A new solid-state starter will be provided. It will be of the same power requirement and starting configuration as presently exists.

NEW PUMP MOTOR
The existing motor will be replaced with a motor that is of the same power characteristics and starting configuration as presently exists.

POWER UNIT

Section 4

DOOR EQUIPMENT

RETAIN CAR DOOR TRACKS AND HANGERS
The present car door tracks and hangers shall be retained and inspected for proper alignment.

Any adjustment required will be accomplished.

RETAIN HOISTWAY DOOR TRACKS AND HANGERS
The present hoistway door tracks and hangers shall be retained.

NEW HOISTWAY DOOR RESTRICTORS
Folding hoistway door restrictors shall be installed.

Section 5

RETAIN CAR GUIDES
The existing car guides shall be retained.

RETAIN CAR INTERIOR
The present car interior shall be retained.

RETAIN FLOORING
The present flooring will be retained.

NEW PIT SWITCH
An emergency stop switch shall be located in the pit accessible from the pit access door.

Access Alert will be installed so the elevator can be controlled in a safe manner when an authorized person accesses the elevator hoistway. The Access Alert system meets all applicable safety codes.

Section 6

CAR FIXTURES

Section 7

HALL FIXTURES

Attachment 1 to Exhibit A

HEALTH PRODUCTS

No Health Products Specified

Section 9

WORK BY OTHERS –

NOT IN CONTRACT

The following items must be performed by others and you agree to provide this work in accordance with the applicable codes and enforcing authorities:

WORK BY OTHERS SCHEDULING
All “Work by Others” must either be completed prior to our manning the job or be properly scheduled as to not obstruct the progress of the project.

Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 10 of 21 Alternate Floor Recall: Provide one set of normally closed contacts that will open when the smoke sensor at the main egress floor senses smoke.

Machine Room/Hoistway Recall: Provide one set of normally closed contacts that will open when any smoke sensor located in the machine room or hoistway/pit senses smoke.

CUTTING AND PATCHING
Do any cutting, (including cutouts to accommodate hall signal fixtures, entrances and/or machine room access) patching and painting of walls, floors or partitions.

Provide a SHUNT TRIP disconnect, as required, if sprinklers are being provided. Provide suitable connections from the main disconnect to the elevator control equipment.

Electrical Feeder system to limit available short circuit to not more than 10k amps at the load side of the elevator main line disconnect.

GROUND WIRE
Provide a properly sized ground wire from the elevator controller(s) to the primary building ground.

EMERGENCY COMMUNICATIONS – Phone Only
Provide a continuously monitored phone line terminating at Otis controller.

Number of Elevators Min. Download Bandwidth (Mbps) Min. Upload Bandwidth (Mbps) 1 - 3 5 1
4 10 2
Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 11 of 21

EMERGENCY (STANDBY) POWER
If emergency power is available, verify and provide the following:
a. Power that meets the load characteristic requirements of the new control system. Power that is capable of operating and providing sufficient power to non-linear elevator loads and that is capable of absorbing regenerated power resulting from running elevators with overhauling loads. b. Two conductors to the machine room from a normally closed auxiliary contact on the Owner’s EP transfer switch. Contacts to open when power transfers to the emergency source. c. Two additional conductors to the machine room from an adjustable timed relay on the Owner’s EP transfer switch to indicate “request to transfer” from standby to normal power. d. Power for 115VAC circuits that supply elevator cab lights, cab fan, communication means, EMS, Lobby Panels, and Compass dispatching systems (if applicable). e. Power for machine room lighting, ventilation and cooling means.

ROOF LIGHTING
Lighting is required to illuminate machine room access paths on the roof.

LIGHTING
Provide sufficient lighting in the buildings common areas to facilitate a safe working environment. Provide new or modify machine room lighting to provide a minimum of 19 ft. candles of illumination and new pit lighting to provide a minimum of 10ft. candles of illumination. The machine room light switch shall be located within 18” of the lock-set side of the entry door. Pit light switches shall be adjacent to the pit Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 12 of 21 ladder and a minimum of 24” above the threshold level. Lighting must have code compliant guards of either grounded metal, plastic or comparable. Pits subject to sprinklers shall have NEMA 4 rated fixtures.

PROJECT BEING “DRIED-IN”
Work, as required, to keep the elevator lobbies, hoistway, machine room and storage area “dried-in” for the entire length of the project.

FIRE EXTINGUISHER
Provide fire extinguisher in elevator machine room.

NON-ELEVATOR MATERIAL IN HOISTWAY
Remove or encapsulate, as required, any non-elevator related pipes or wiring located in the elevator machine room or hoistway.

HOISTWAY LEDGES
Provide a 75o angle constructed of a non-combustible material on all ledges that are 2” greater in the hoistway, excluding multi-hatch divider beams.

SUMP HOLE GRATING
Provide a flush grating over the sump hole located in the elevator pit.

STORAGE
Provide dry, protected and secure storage space adjacent to the hoistway(s). Otis shall be compensated for material delivered that is stolen or removed from the jobsite.

PIT LADDERS
Provide a pit ladder, as required, in each pit that does not have walk-in access doors. Ladder shall extend 48” above first landing access door.

OPERATING ELEVATORS FOR OTHER TRADES
Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 13 of 21 If we are required to operate an elevator to facilitate the work of other trades (e.g., sprinklers, smoke sensors, ledges, etc.) then we shall be compensated for this lost time and the project schedule shall also be modified.

CONFINED SPACES
The machine room, hoistway, pit and mezzanine (“Elevator Spaces”) may be considered Permit- Required Confined Spaces as defined by the Occupational Safety and Health Organization (“OSHA”), 29 C.F.R. § 1910.146(b) and § 1926 Subpart AA. Otis has a documented process to control or eliminate hazards and Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 14 of 21 classify such Elevator Spaces as non-permit required confined spaces. In the event that the Customer, others, or unique site conditions or hazards (such as chemical manufacturing sites) require Otis to handle such Elevator Spaces as Permit-Required Confined Spaces, the Customer or owner will be responsible for supplying, at its expense, all resources, including monitoring, permitting, attendants and rescue planning associated with handling such Elevator Spaces as Permit-Required Confined Spaces. The Customer or owner is required to inform Otis of all known or potential hazards related to Elevator Spaces that Otis may be required to access prior to Otis performing any work in such spaces. Further, the Customer or owner is required to communicate any changes in the conditions associated with such Elevator Spaces or activities in or around such spaces that could introduce a hazard into such spaces.

Section 10

GENERAL REQUIREMENTS

CUSTOMER
You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us.

CERTIFICATES
If either party so requires, in writing, the other party shall furnish a copy of the certificates of insurance evidencing the above insurance coverages.

PAYMENT AND SCHEDULE OF VALUES
You agree to be bound and pay in accordance with the supplied schedule of values. We shall be paid for our material delivery invoice prior to starting installation work. We shall be paid in full for all change orders and the base Contract amount no less than 95%prior to scheduling an inspection and/or turnover of the elevators to you for use. Otis reserves the right at its absolute discretion to discontinue work or not turn over elevators unless payments are current.  Our quoted price is based on the “Initial Payment” equaling 50% of Contract award. This amount PLUS a fully executed subcontract must be received prior to releasing equipment for manufacturing or scheduling any other work. Refer to the “Schedule of Values” below.  Otis will mobilize after the “Material Delivery Payment” is received. See “Schedule of Values” below.
 If Otis is directed by you to furnish any labor, service, or material that is outside of the mutually agreed upon scope of work of this Contract(“Out of Scope Work”), Otis may agree to perform such Out of Scope Work (1) subject to receipt of a written notice to proceed prior to commencement of any such Out of Scope Work; and (2) contingent upon receipt of a mutually agreed upon and executed change order within thirty (30) calendar days of such written notice to proceed. If the parties are unable to agree to terms that lead to the issuance of a mutually agreed upon and executed change order within such thirty (30) day period, Otis may suspend the Out of Scope Work. Notwithstanding any other provision, language, term or condition to the contrary, Otis shall not be liable for any project delays and/or damages, including but not limited to liquidated damages, associated with a delay in the issuance of a mutually agreed upon and executed change order.

SCHEDULE OF VALUES:

SCHEDULE OF VALUES
Base Contract Amount: $275,877
DUE DATE DESCRIPTION % VALUE
Due within 30 days
from date of invoice
or prior to release of
factory orders,
whichever occurs
first.

Materials for project
“Material Delivery Payment”
25% $68,969
Due within 30 Days
from substantial
completion of each
elevator.

Installation labor
“Labor Progress Payments”
25% $68,969

DOWN PAYMENT (OPTION)
☐ DISCOUNT SCHEDULE
 Pre-Payment Discount - Otis will offer the below discount schedule for larger pre-payment amounts:
o 75% Pre-Payment 2% discount off base bid
o 90% Pre-Payment 3% discount off base bid
Otis may add a surcharge to the Purchase Price to compensate for changes to import tariffs implemented after the date hereof by the United States government. The surcharge will be in an amount as determined by Otis that either approximates the increase in cost to the actual products imported hereunder due to such tariff increases, or in an amount that allocates the overall increases in import tariffs across Otis’ United States business to this project in proportion to the amount of imported materials allocated to this project.

LEAD TIME AND DURATION
We anticipate approximately 12 weeks manufacturing time from receipt of approvals and down payment.

Attachment 1 to Exhibit A
Attachment 1 to Exhibit A
Modernization OTIS
Thereafter, we expect the modernization to take approximately 5 weeks per car. All work will be performed during our regular working hours of our regular working days.

CODE CLARIFICATIONS
ASME A 17.1 / CSA 844 (2016 or earlier): It is our understanding the International Building Code (IBC), 2018 Edition is NOT applicable to this project. Otis has included an emergency communication system that conforms to ASME A 17. l / CSA B44 (2016 or earlier), Requirement 2.27. l. l. It should be noted that at the present time there is a potential conflict concerning the emergency communication system requirements between IBC 2018 and ASME A 17. l / CSA B44 (Safety Code for Elevators and Escalators) and you agree to to hold Otis harmless for any claim, loss, cost, or damage in connection with any such conflict.

Work By Others
Customer or owner will provide one ( l ) dedicated outside telephone line to the elevator machine room as described in the "Work by Others" section.

Section 11
■ ALTERNATES
Alternate 1:

ADD: $8,000.00 for Otis One PRO Emergency Communication System Please Indicate your Intention to choose this option by Initialing here: __ The extent of the work to be performed is either described above or in the attached specification which is incorporated into and made a part of this document.

PRICE $275,877 "Cost w/Tax" Or "Cost w/o Tax"
DollarsType [)ollar Amount
This price is based on o fifty percent (50%) down payment in the amount of $137,939 © OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 17 of 21 05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 18 of 21 This proposal, including the provisions printed on the pages following, shall be a binding contract between you, or the party identified below for whom you are authorized to contract, and us when accepted by you and our authorized representative through execution of this proposal; or by your authorizing us to perform work for the project and our commencing such work. This quotation is valid for thirty (30) days from the date of submission unless changed by us prior to a fully executed contract.

Accepted in Duplicated Submitted by:

Jessica Williams

CUSTOMER OTIS ELEVATOR COMPANY
Approved by Authorized Representative Approved by Authorized Representative
Date: Date:

Signed: X Signed: X
Print Name: Print Name:

Title: Title:

Name of Company:

TERMS AND CONDITIONS
This Contract constitutes the entire understanding between the parties regarding the subject matter hereof and may not be modified by any terms on your order form or any other document and supersedes any prior written or oral communication relating to the same subject. Any amendment or modifications to this Contract shall not be binding upon either party unless agreed to in writing by an authorized representative of each party. Both parties agree that any form issued by you that contains any terms that are inconsistent with those contained herein shall not modify this Contract, nor shall it constitute an acceptance of any additional terms.

This quotation is subject to change or withdrawal by us prior to written acceptance.

AND THE EXPRESS WARRANTIES SET FORTH IN THIS CONTRACT ARE IN LIEU OF ANY SUCH WARRANTIES AND ANY OTHER OBLIGATION OR LIABILITY ON OUR PART.

Any drawings, illustrations or descriptive matter furnished with the proposal are submitted only to show the general style, arrangement and dimensions of the equipment.

Any material removed by us in the performance of the work shall become our property.

Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 20 of 21 We do not agree under our warranty to bear the cost of repairs or replacements due to vandalism, abuse, misuse, neglect, normal wear and tear, modifications not performed by us, improper or insufficient maintenance by others, or any cause beyond our control.

Under no circumstances shall either party be liable for special, indirect, liquidated, or consequential damages or losses of any kind including, but not limited to, loss of revenues, loss of profits, loss of rents, loss of good will, loss to business opportunity, or harm to business reputation, in contract, tort, including negligence, warranty or otherwise, notwithstanding any indemnity provision to the contrary. We will use commercially reasonable efforts to complete the work set forth herein with minimal disruption to elevator service for you and your tenants (as applicable). Notwithstanding the foregoing, the parties acknowledge that delays and disruptions in service are a normal result of the type of work described herein, and notwithstanding any other representations, warranties or indemnity obligations hereunder, we will have no liability for any direct or indirect damages resulting from interruptions in elevator service during the performance of our obligations. Neither party’s liability to the other for any reason arising from this Contract shall exceed the value of the Contract Otis shall not be liable for any loss, damage, or delay nor be found to be in default or breach due to any cause beyond it’s reasonable control including, but not limited to acts of God or nature: fire: explosion; theft; floods; water; weather; traffic conditions; epidemic, pandemic, quarantine or other local, state, or federal government action in response thereto; sabotage; national emergency; act of terrorism; earthquake; riot; civil commotion; war; vandalism; national or local labor strikes, lockouts, other labor disputes; misuse, abuse, neglect, mischief, or work by others (collectively “Causes Beyond Otis’ Reasonable Control”). Otis shall be allowed a reasonable amount of additional time for the performance of the Work due to Causes Beyond Otis’ Reasonable Control. Otis’ ability to maintain scheduled job progress is further conditioned upon the timely furnishing to Otis by Customer of completed and code compliant hoistway(s) (wellway) and machine rooms, necessary approvals and power of proper characteristics for Otis’ uninterrupted use.

It is agreed that after completion of our work, you shall be responsible for ensuring that the operation of any equipment furnished hereunder is periodically inspected.

By accepting delivery of parts incorporating software you agree that the transaction is not a sale of such software but merely a license to use such software solely for operating the unit(s) for which the part was provided, not to copy or let others copy such software for any purpose whatsoever, to keep such software in confidence as a trade secret, and not to transfer possession of such part to others Attachment 1 to Exhibit A
05/03/2024_CLC Version
© OTIS ELEVATOR COMPANY, 2024 All Rights Reserved Page 21 of 21 except as a part of a transfer of ownership of the equipment in which such part is installed, provided that you inform us in writing about such ownership transfer and the transferee agrees in writing to abide by the above license terms prior to any such transfer.

Attachment 1 to Exhibit A

Page 1 of 6 ends

Cathedral City City CouncilDecember 11, 2024

Cathedral City City Council
December 11, 2024