Agenda — Desert Hot Springs City Council, December 9, 2025

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City of Desert Hot Springs
AGENDA

SPECIAL MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, December 9, 2025
4:00 PM
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC COMMENTS
At Special Meetings, public comments are considered under the agenda item.

PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE
RECORD.

All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments

CONFLICT OF INTEREST & LEVINE ACT DISCLOSURES
ADMINISTRATIVE CALENDAR:

1. Approve a Contract Change Order No.1 for the John H. Furbee Aquatic Center Improvements, City Project No. 2013
Daniel Porras, Deputy City Manager
Recommendation:

Approve a contract change order with California Water Development, Inc. in the amount not to exceed $195,000 for additional work removing and replacing the pool floor for the John H. Furbee Aquatic Center Improvements, City Project No. 2013., to California Water Development, Inc. and appropriate $195,000.00 from Capital Improvement Fund to cover the cost of Contract Change Order No. 1, increasing the total construction budget to $2,115,410.00
Staff Report - SR-25-282 - Pdf
3 - 11

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2. Award Construction Agreement for the Eagles Sports Park Project 4000
Daniel Porras, Deputy City Manager
Recommendation:
1) Award the construction agreement for the Eagles Sports Park Project, City Project No. 4000, to the lowest responsive qualified bidder Three Peaks Corp.; and
2) Authorize the City Manager to draft and execute the construction agreement for Eagles Sports Park Project, City Project No. 4000, with Three Peaks Corp., in an amount not to exceed $8,560,000.00, with a 5% contingency of $428,000.00 bringing the total amount to $8,988,000.00.

And approve a total project budget in an amount of $8,988,000.00 for additional project expenses for construction management, inspection and materials testing.

Staff Report - SR-25-288 - Pdf
13 - 122

ADJOURN
________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

Disclosure of Campaign Contributions (Levine Act - Government Code Section 84308) Pursuant to Government Code section 84308, members of the City Council are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid contracts, labor contracts, or personal employment contracts with City employees), franchises, discretionary land use permits and other entitlements if the Councilmember received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item in the previous 12 months. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a Councilmember in the previous 12 months are required to disclose that fact for the official record of the subject agenda item and shall not make, participate in making, or in any way attempt to use their official position to influence the subject agenda item. Disclosures must include the amount of the campaign contribution and identify the recipient persons and may be made either in writing to the City Clerk prior to the subject hearing or by verbal disclosure at the time of the hearing.

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SR-25-282
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 9, 2025
Department: Public Works
Prepared by: Tim Jonasson, Consultant City Engineer
Subject: Approve a Contract Change Order No.1 for the John H. Furbee Aquatic Center Improvements, City Project No. 2013
RECOMMENDATION:

On September 2, 2025, the City Council awarded the Furbee Aquatics Center Improvements to California Water Development, Inc. (California Waters) in the amount of $1,723,100.00 plus a 10% contingency and authorized the City Manager to draft and execute a construction agreement with California Water Development, Inc. A preconstruction meeting was held on October 1, 2025, and construction commenced October 6, 2025.

DISCUSSION:

According to the plans and specifications, the pool bottom for the Furbee Aquatics Center was to have the existing tile and plaster finish removed down to sound concrete/shotcrete with any cracks chipped out and filled with non-shrink grout. Any exposed rebar was to be exposed, rust removed and zinc coated. Unfortunately, as the contractor removed the tile and plaster from the bottom of the pool it was discovered that much of the pool was originally poured at much less than the 6-inch thickness called for in the original construction plans. This led to virtually all of the rebar in the pool floor to be compromised from either coming into contact with the underlying soil or popping up through the pool bottom resulting in discoloration of the pool tile and generally making the pool bottom unstable. The removal and reinstallation of the pool bottom is considered additional work under the contract documents and therefore requires a contract change order to remedy.

The City’s pool designer for the current contract, Aquatic Design, prepared alternative repair solutions for the contractor to quote including limited repairs as well as replacing the entire pool floor. However, due to the extent of the damage to the pool bottom California Waters only recommended the City consider replacing the floor and submitted the attached contract change order request for $195,000.

Staff have reviewed this with Aquatic Design and recommend approving the request to keep the project moving forward and ensure the pool floor is not problematic in the future. Approving this Item Number: 1.

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SR-25-282
contract change order would also increase the contract time by 25 days resulting in an estimated completion date of late March.

FISCAL IMPACT:

John H Furbee Aquatic Center Original Budget Proposed Budget with CCO No. 1
Construction Costs Quantities Quantities
California Waters Development $ 1,723,100.00 $ 1,723,100.00 Add Alternate 1 - Timing
System $ 227,750.00 $ 227,750.00
Total Base Bid with no
Alternate $ 1,723,100.00 $ 1,723,100.00
Contingency 10% - Base Bid $ 172,310.00 $ 172,310.00
Contract Change Order No. 1 $ 195,000.00
Total Base Bid with
Contingency & CCOs $ 1,895,410.00 $ 2,090,410.00
Construction Management Quantities Quantities
Materials Testing $ 10,000.00 $ 10,000.00
Labor Compliance $ 15,000.00 $ 15,000.00
Sub-Total $ 25,000.00 $ 25,000.00
Quantities Quantities
Total Base Bid with CM,
Inspection & Testing $ 1,920,410.00 $ 2,115,410.00
John H Furbee Aquatic
Center
Available Fund Sources Amount Amount
CDBG $ 1,321,416.00 $ 1,321,416.00
Furbee Legacy Fund $ 362,854.00 $ 362,854.00
DIF Aquatic Center $ 236,140.00 $ 236,140.00
Capital Improvement Fund $ 0.00 $ 195,000.00
Total $ 1,920,410.00 $ 2,115,410.00
John H Furbee Aquatic
Center Budget $ 1,920,410.00 $ 2,115,410.00
Funding for this contract change order is available in the Capital Improvement Fund. Budget appropriations approval will be included in the Mid-Year Budget Adjustments for FY25-26. If approved the revised contract amount including the base bid and Contract Change Order No. 1 is $1,918,100.00, with a total construction budget of $2,115,410.00 including contingency, construction management, inspection and materials testing.

STRATEGIC ALIGNMENT:

Item Number: 1.

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SR-25-282
This initiative supports the following goals of the City's Strategic Plan:

Goal 7: Community Parks
Provide maintenance and strategic upgrades at existing parks while pursuing creative ways to expand park offerings via pocket parks and securing grant funding to plan for and build out parks in the Parks Master Plan.

Goal 8: Community Services, Engagement and Quality of Life Provide for high-quality programs, events and activities that promote and provide community engagement, pride, quality of life services and arts and culture in the City of Desert Hot Springs.

ATTACHMENTS:
1) John Furbee Aquatic Center Change Order - Pool Floor Replacement Item Number: 1.

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23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960

CHANGE ORDER REQUEST (COR)
DESCRIPTION OF WORK:

Complete Removal/ Replacement of the pool floor to include:

A. Saw cut and demo existing floor per attached plans to leave walls and radius transition to floor intact.

B. Dispose/ Recycle of concrete and rebar per original contract agreement.

C. Remove and replace main drains to include required water stops, required steel reinforcement per installation requirements and all code required bonding attachments.

D. Install water stops on all the existing floor returns.

E. Pressure test recirculation system.

F. Install #4 rebar 12” OCEW throughout the entire floor to include all dobies and tie wire.

G. Hilti Epoxy dowel the new floor rebar into the existing remaining concrete structure surround.

H. Pour minimum 6” thick 4500 psi concrete per previously approved submitted mix design.

THIS CHANGE ORDER TOTAL: $195,004.00
TIME EXTENSION: CONTRACT TIME WILL BE INCREASED BY THIS CHANGE ORDER 25 DAY(S).

THIS CHANGE ORDER REQUEST EXCLUDES THE FOLLOWING:
a. Permits, fees, inspections, plans, shop drawings, surveying, site fencing, swpps, barricades, traffic control, flagging, erosion control and dust control.
b. Bid, performance, labor, material, completion or other types of bonds, including cost(s) to obtain such bonds.
c. Liquidated damages of any kind.
d. Engineering or design work of any kind.
e. Shoring work of any kind.
f. Plumbing repair work outside of the addition of water stops. g. Removal of hazardous materials or existing soil contamination, or remediation thereof. h. Removal, relocation or replacement of any existing utility, power line, structures, sidewalks, curbs, gutters and/or landscaping either above or below ground which may interfere with the installation of our work, whether or not depicted on any contract documents.
i. Any additional items or services not explicitly delineated within “Pricing Includes” above, and/or any item beyond the “limits of the commercial pool”, as specified.

TO: Daniel Porras DATE: 11/24/25
COMPANY: City of Desert Hot Springs COR #: 003 REV1
EMAIL: [email protected] PROJECT: 24085
PHONE: 760-641-0057 PROJECT NAME: John Furbee Aquatic Center Item Number: 1.

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23311 E. La Palma Ave. | Yorba Linda, CA 92887 | 949.528.0900 | californiawaters.com | CA Lic#958960 j. Any plan check or permit fees issued by the City and paid by California Waters for plan revisions will be reimbursed by the client. NOTE: Revised plans will be required to be submitted to the County and are not included in the proposal.
k. Warranty of any kind to the surrounding work including the complete swimming pool already in place.

California Waters will only warranty the new concrete and rebar work being performed by California Waters. When commencing demolition of the pool floor, if the pool structure has any weakened areas, the vibration of the demolition equipment may cause additional cracking, spalling, etc. of the pool structure. This is an unforeseen condition, and additional charges will apply to remedy the issue. l. Provision for site construction water, power, and sanitation. If not provided, additional charges will be applied to provide these services.
m. Subgrade soil or aggregate base work of any kind.
n. Soil remediation work of any kind.
o. Over-excavation work of any kind.
p. Concrete Mockup work of any kind.
q. Electrical conduit or wiring work of any.

CAW WILL NOT PROCEED WITH THE ABOVE CHANGE ORDER REQUEST UNTIL DIRECTED IN WRITING TO DO SO.

Chris Bostrom
Project Manager | California Waters
o 949.528.0900 x 136 | f 949.528.0910
[email protected]
23311 E. La Palma Ave. | Yorba Linda, CA 92887
we bring water to life | californiawaters.com
Item Number: 1.

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CHANGE ORDER WORKSHEET
COMPANY: DATE: 11/24/2025
City of Desert Hot Springs COR #: 003 REV1
Daniel Porras PROJECT #: 24085
[email protected] PROJECT NAME:
760-641-0057

SUBCONTRACTOR
Subcontractor Net Price Total
KB Miramontes, Inc. $ 52.56 $ 11,037.60
Fleming & Sons $ 4,636.80 $ 4,636.80

SUBCONTRACTOR SUMMARY
SUBCONTRACTOR SUB-TOTAL $ 15,674.40

MATERIAL
Material Description Qty Net Price Total
4500PSI, 0.45W/C, 1" Max aggregate concrete CY 131 $ 177.00 $ 23,187.00 #4 Rebar 726 $ 9.70 $ 7,042.20
Tie Wire 1 $ 75.00 $ 75.00
3" Dobies with wire 361 $ 0.85 $ 306.85
Hilti HIT HY-200R V3 14 $ 93.25 $ 1,305.50
Waterstops- 1.5" Waterway 43 $ 14.50 $ 623.50
Pressure Test Plumbing 1 $ 850.00 $ 850.00
Daldorado Beast 24"x 24" Sump And Grates 2 $ 1,265.00 $ 2,530.00 10" Waterstop 2 $ 165.00 $ 330.00
Sch 40 10" Plumbing- 20', tee, 90's 1 $ 2,230.79 $ 2,230.79 Hydrostatic Valve & Collector Tube 2 $ 45.65 $ 91.30
Gravel- 350# 1 $ 50.00 $ 50.00
Glue Daubers- 10- 1", 4- 4" 1 $ 55.00 $ 55.00
Weld On P70 Primer 1 $ 214.99 $ 214.99
711 PVC Glue 1 $ 207.99 $ 207.99
$ -

MATERIAL SUMMARY
MATERIAL SUB-TOTAL $ 39,100.12
SALES TAX Tax 8.75% $ 3,421.26

EQUIPMENT RENTAL
Equipment Rental Description Qty Weeks Rate Misc. / Fuel Total Skid Steer 1 2 $ 1,840.00 $ 700.00 $ 4,380.00
Excavator 1 2 $ 1,480.00 $ 700.00 $ 3,660.00
Breaker 1 1 $ 820.00 $ - $ 820.00
Diesel Air Compressor 1 1 $ 1,735.00 $ 400.00 $ 2,135.00 Air Chipping Hammer 3 1 $ 296.00 $ - $ 888.00
18" Floor Saw 1 1 $ 1,040.00 $ 100.00 $ 1,140.00

EQUIPMENT RENTAL SUMMARY
EQUIPMENT RENTAL SUB-TOTAL $ 13,023.00
LABOR
Labor Classification Qty Labor Hours Labor Rate Other Total Labor Price Superintendent 1 160 $ 80.67 $ - $ 12,907.20
(Demo) Operator - Group 8 1 295 $ 142.29 $ - $ 41,975.55 (Demo) Laborer 1 32 $ 106.66 $ - $ 3,413.12
(Plumbing) Landscape Pipefitter 1 48 $ 101.36 $ - $ 4,865.28 (Soils Grading & Compaction) Operator - Group 8 1 16 $ 142.29 $ - $ 2,276.64 (Steel Installation) Ironworker- Area 4 1 200 $ 120.89 $ - $ 24,178.00 (Concrete Pour) Cement Mason 1 96 $ 108.54 $ - $ 10,419.84 (Concrete Pour, Strip Forms & Clean) Laborer 1 40 $ 106.66 $ - $ 4,266.40

LABOR SUMMARY
LABOR SUB-TOTAL $ 104,302.03

PCO PRICING SUMMARY
SUBCONTRACTOR TOTAL $ 15,674.40
SUBCONTRACTOR MARKUP $ -
MATERIAL TOTAL $ 42,521.38
MATERIAL MARKUP $ -
EQUIPMENT RENTAL TOTAL $ 13,023.00
EQUIPMENT RENTAL MARKUP $ -
LABOR TOTAL $ 104,302.03
LABOR MARKUP $ -
OVERHEAD & PROFIT 10.00% $ 17,552.08
PERFORMANCE BOND 1.00% $ 1,930.73
CHANGE ORDER GRAND TOTAL $ 195,004.00
NOTES:

Version 1.2
Main Drains- Chosen for
Capacity and Availability
Dowel Epoxy
20' Pieces
Floor Returns
John Furbee Aquatic Center
Notes
Scope of Services Performed
Removal/ Recycle 210 Tons/ per ton
61Meter Boom Pump, Operator, Oiler
California Waters | 23311 E. La Palma Avenue, Yorba Linda, CA 92887 | Office: (949) 528-0900 | Fax: (949) 528-0910 | www.californiawaters.com Item Number: 1.

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DEMO

POOLFLOOR ASSHWON

90.51 sf

Demo pool
floor 5'-0"

CONCRETE TOREMAIN
2'-8"
CONTRACTOR SHALL SAWCUTAND DEMO POOL FLOOR AFTERTHE POOL WALL FOOTING ANDREPAIR FLOOR BY DOWELING INNEW REINFORCEMENT AND NEWCONCRETE.

CONTRACTOR SHALL SAWCUTAND DEMO POOL FLOOR AFTERTHE POOL WALL FOOTING ANDREPAIR FLOOR BY DOWELING INNEW REINFORCEMENT AND NEWCONCRETE.

CONCRETE TOREMAIN
1'-0"
CONTRACTOR SHALL SAWCUTAND DEMO POOL FLOOR AFTERTHE POOL WALL FOOTING ANDREPAIR FLOOR BY DOWELING INNEW REINFORCEMENT AND NEWCONCRETE.

CONCRETE TOREMAIN

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SR-25-288
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 9, 2025
Department: Public Works
Prepared by: Tim Jonasson, Consultant City Engineer
Subject: Award Construction Agreement for the Eagles Sports Park Project 4000 RECOMMENDATION:
1) Award the construction agreement for the Eagles Sports Park Project, City Project No. 4000, to the lowest responsive qualified bidder Three Peaks Corp.; and 2) Authorize the City Manager to draft and execute the construction agreement for Eagles Sports Park Project, City Project No. 4000, with Three Peaks Corp., in an amount not to exceed $8,560,000.00, with a 5% contingency of $428,000.00 bringing the total amount to $8,988,000.00.

And approve a total project budget in an amount of $8,988,000.00 for additional project expenses for construction management, inspection and materials testing.

DISCUSSION:

The Eagles Sports Park Project (formerly Corporate Yard Park) includes constructing the sports park, football and baseball fields, playground area, shade structures, landscape, grading, asphalt, concrete, decomposed granite, storm drain, water, sewer, electrical, striping, restroom/concession building, storage buildings, fencing, signing and striping improvements. The improvements were designed by Hermann Design Group landscape architect professional services contract.

On October 23, 2025, the City of Desert Hot Springs issued a Notice of Inviting Bids for construction of the Eagles Sports Park Project, City Project No. 4000. The Notice of Inviting Bids was posted on the City’s website and with Planit Reprographics, a local valley clearing house for public bid solicitations. The Notice of Inviting Bids was released for 32 days, closing via addendum on November 24, 2025.

On November 24, 2025, City Staff received and publicly opened seven (7) bid packages. The following are the bid packets received with corresponding total bid amounts, the detailed bid tabulation is shown in the following table with Three Peaks Corp. as the lowest apparent bidder.

Company Total Bid Amount
1 Three Peaks Corp $8,560,000.00
2 MDB General Engineering, Inc. $8,849,955.50
3 Zeco, Inc. $8,900,224.00
4 Act 1 Construction $8,919,107.00
5 Urban Habitat $9,399,114.28
Item Number: 2.

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SR-25-288
Company Total Bid Amount
6 Desert Concepts $9,475,808.50
7 CSI Services $9,897,525.00
On November 24, 2025, after the bid opening, staff received a protest letter from Zeco, Inc., the apparent third lowest bidder, calling into question Three Peaks Corp.’s ability to perform the landscaping and fence construction without including a specialty contract license for each of these items of work. On December 1, 2025, Zeco submitted a supplemental bid protest stating that these items of work constituted sixteen percent of the project which Three Peaks Corp. could not perform under their Class A General Engineering contractor’s license. On December 1, 2025, staff received a bid protest from the apparent second lowest bidder, MDB General Engineering, Inc. stating that Three Peaks Corp. did not have the required certification from Interlocking Concrete Pavement Institute (ICPI) for installing pavers on the project, nor did Three Peaks Corp. list the Department of Industrial Relations (DIR) license numbers for their listed subcontractors. On December 2, 2025, the Center for Contract Compliance submitted a letter citing a number of irregularities in Three Peaks Corp.’s bid.

In accordance with the City’s bid protest procedures, staff reviewed the protests and found this project meets the definition of a “fixed work” meaning most of the project requires specialized engineering knowledge and skill that warrants a Class A General Engineering contractor’s license.

Under this determination Three Peaks Corp. is not required to list specialty subcontractors but must perform landscape and fence construction with its own staff since no subcontractor was listed. Staff also determined that not listing ICPI certification license or DIR numbers for subcontractors, as well as the issues raised by the Center for Contract Compliance, all to be minor deviations in Three Peaks Corp.’s bid proposal that should be waived in this case as all other bid requirements were met.

Additionally, staff verified all references and found Three Peaks Corp. to meet all experience requirements for having performed similar work satisfactorily for other agencies. While the City Council may hold an administrative hearing to review bid protests, it is not required to do so based on the recommendation of the City Engineer to reject these bid protests.

Therefore, after reviewing all bids, bid protests and all submittals, staff has determined the lowest responsible bidder to be Three Peaks Corp. with a total bid amount of $8,560,000.00, and recommends the following actions:

Award the construction contract to the lowest responsible bidder, Three Peaks Corp., and, Authorize the City Manager to draft and execute the construction agreement for Eagles Sports Park Project, City Project No. 4000, with Three Peaks Corp., in an amount not to exceed $8,560,000.00, with a 5% contingency of $428,000.00 bringing the total amount to $8,988,000.00; and approve a total project budget in an amount of $8,988,000.00 for additional project expenses for construction management, inspection and materials testing.

FISCAL IMPACT
Eagles Sports Park
Project
Construction Costs
Lowest Bid $ 8,560,000.00
Contingency 5% $ 428,000.00
Sub-Total $ 8,988,000.00
Item Number: 2.

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SR-25-288
Funding Sources
Quimby $1,500,000.00
Parks DIF $688,000.00
General Facilities
DIF $800,000.00
CIP Funding $500,000.00
CFD Fund 501 $ 500,000.00
CLEAN Grant $ 5,000,000.00
Total Project Budget $ 8,988,000.00
FISCAL IMPACT:

Contract amount is not to exceed $8,988,000.00, with a contingency of $428,000.00 (5%) for any additional work as approved by the City, which results in a construction budget of $8,988,000.00 and a total construction budget of $8,988,000.00
Funding for this project was approved as part of the FY2025-26 Capital Project Budget.

STRATEGIC ALIGNMENT:

This initiative supports the following goals of the City's Strategic Plan:

ATTACHMENTS:

Eagles Sports Park - Notice Inviting Bids
Three Peaks Corp.

PW26-058 THREE PEAKS CORP PDF DRAFT
Bid Protest Letter – Eagles Sports Park -11-24-2025
Supplemental Bid Protest – Eagles Sports Park Project -12-01-2025 Eagle Sports Park - MDB Protest of Three Peaks Bid
Email from Center for Contract Compliance
Bid Protest Letter Response from Zeco, Inc.

Item Number: 2.

Page 15 of 122 ends

CITY OF DESERT HOT SPRINGS

NOTICE INVITING SEALED BID PROPOSALS
for
CITY PROJECT NO. 4000

EAGLES SPORTS PARK
RECEIPT OF BID PROPOSALS: Sealed bids will be received by the City of Desert Hot Springs Department of Public Works, the work will include but is not limited to constructing the sports park, football and baseball fields, playground area, shade structures, landscape, grading, asphalt, concrete, decomposed granite, storm drain, water, sewer, electrical, striping, restroom/concession building, storage buildings, fencing, signing and striping improvements, and the performance of other appurtenant works as more particularly described in the specifications under City Project No. 4000, Eagles Sports Park, in the City of Desert Hot Springs.

The Sealed bids must be submitted on the Proposal Form at the Office of City Clerk, located at 11999 Palm Drive, Desert Hot Springs, CA 92240, before 2:00 p.m. on November 17, 2025 Public Works “Bid: Eagles Sports Park, City Project No. 4000” shall appear on the envelope of each sealed bid proposal and each bid proposal sealed envelope shall be addressed to the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, Ca 92240. The bids will then be publicly opened and read in the Office of the City Clerk, City Hall, 11999 Palm Drive, Desert Hot Springs, CA 92240 at 2:00 p.m. on November 17, 2025.

Each submitted bid proposal must be accompanied by a certified or cashier’s check, or a surety bond, payable to the City of Desert Hot Springs in the amount equivalent to at least 10% of the total aggregate bid price of such bid proposal, as a guaranty that the bidder, if its bid proposal be accepted, will enter into and execute the awarded contract, and furnish the required bonds in connection therewith, in accordance with the terms of the aforementioned Specifications.

No bid proposal will be accepted from a CONTRACTOR who has not been licensed in accordance with the provisions of the Business and Professions Code. The work requires a California Class “A” contractor's license.

The bids must be submitted on the proposal forms included in the bidder's package of the contract documents.

TIME OF COMPLETION AND LIQUIDATED DAMAGES: BIDDER must
agree to commence work on or before the date of the written “Notice to Proceed” (NTP) of the AGENCY and to fully complete the project in 260 consecutive working days. BIDDER must agree also to pay as liquidated damages, the sum of One Thousand Dollars ($1,000.00) for each working day thereafter as provided in these Specifications.

Item Number: 2.

Page 16 of 122 ends

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and Bid Package for the Eagles Sports Park are ONLY available to be ordered online at:
https://www.planitplanroom.com/. For orders by phone, contact: PlanIt Printworks at (760) 345-2500. Additional information regarding the purchase of contract Plans and Specifications may be obtained by telephoning (760) 329-6411 ext. 216.

The contract Specifications include by reference the “City of Desert Hot Springs Standard Specifications” (available online at www.cityofdhs.org); Mission Springs Water District (MSWD), “Developer / Contractor Handbook and Guidelines for Design and Construction of Water and Sewer Facilities,” Latest Manual; Southern California Edison, “Underground Structures Standard (USG),” Latest Manual; “Standard Specifications for Public Works Construction,” Latest Edition, as published by Building News, Inc.; and “Standard Specifications for State of California, Department of Transportation,” Latest Edition. The MSWD, on-line version of the manual is available at MSWD Web site, the SCE “Underground Structures Standard (USG) Manual,” on-line version of the manual is available at SCE’s Standards & Publications Web site, “Standard Specifications for Public Works Construction,” the latest edition is available at Building News, Inc., 990 Park Center Drive, Suite E, Vista, CA 92081-8352, Tel: (888) 264-2665-0970, www.bnibooks.com and “Standard Specifications for State of California, Department of Public Works,” may be obtained from: State of California, Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, CA 95815 (916) 651-6550 or Publication Unit Web site: https://dot.ca.gov/programs/procurementand-contracts/publications ADDITIONAL BID INFORMATION AND REQUIREMENTS: All Pre-bid inquiries and questions shall be directed to Jesus Lopez, via email at [email protected] and include “Pre-bid Questions for Eagle Sports Park, City Project No. 4000” in the “Subject Line”. Prebid questions will only be accepted from Tuesday October 28, 2025 through Friday November 7, 2025 (5:00PM). Pre-Bid questions only from General Contractors will be answered. Subcontractor questions will not be answered.

The successful CONTRACTOR and his subcontractors will be required to possess business licenses from the City of Desert Hot Springs.

The contract, if awarded, will be awarded to a responsible contractor with the lowest responsive bid; however, the City of Desert Hot Springs reserves the right to reject any and all bid proposals. The City reserves the right to find a Bid Proposal of a bidder who has been delinquent, is in current litigation with the City or has been within the preceding 12 months or was unfaithful in any former contract with the City nonresponsible. No BIDDER may withdraw his/her Bid Proposal for a period of sixty days after the date of the bid proposal opening.

A responsible contractor is one who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. It is the City’s policy to conduct business only with responsible contractors.

The successful bidder will be required to fully comply with all applicable State and Federal reporting requirements relating to employment reporting for its employees Item Number: 2.

Page 17 of 122 ends

and comply with all lawfully served Wage and Earnings Assignment Orders and Notice of Assignment and continue to maintain compliance throughout the duration of the contract. Failure to comply may be cause for termination of the contract or initiation of debarment proceedings.

All persons performing the work shall be paid not less than the General Prevailing Wage Determination prepared by the Director of Industrial Relations pursuant to the State Labor Code. Copies of these wage rates are available at the Department of Public Works.

The successful bidder must provide full disclosure of False Claims Act violations, labor law/payroll violations, debarments, and civil/criminal legal actions as provided in the Instructions to Bidders. Failure to complete these forms may result in a determination that the bidder is nonresponsive and/or not responsible.

The successful bidder, hereinafter called “the CONTRACTOR” to whom this contract is awarded will be required, before execution of the contract by the City of Desert Hot Springs, hereinafter “the AGENCY,” to file with said AGENCY surety bonds as follows:

A “Faithful Performance Bond” amounting to 100% of the total contract price is required for all contracts.

A “Payment Bond” (labor and material) amounting to 100% of the total contract price is required for all contracts.

A “Certificate of Liability Insurance,” naming the City of Desert Hot Springs and The County of Riverside as an additional insured. See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

A “Certificate of Worker’s Compensation Insurance”.

And a “Certificate of Commercial Vehicle Liability Insurance” (See “Insurance and Bonds” paragraphs within the Special Instructions to Bidders Section.

Surety bonds shall be subject to the condition that the surety thereon be approved by the AGENCY Attorney and AGENCY Council. Bonding forms are included in this document.

As provided for in Section 4590 of the California Government Code and in Section 22300 of the State Public Contract Code, the contractor may substitute securities for any monies withheld by the Agency to ensure performance under the contract, or enter into an escrow agreement for payment of such monies to an escrow agent.

Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required.

The City hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

Item Number: 2.

Page 18 of 122 ends

The City supports and encourages equal opportunity contracting.

PREVAILING WAGES
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations’ Internet web site at www.dir.ca.gov. Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates.

ENGINEER’S COST ESTIMATE
The engineer’s cost estimate for this project is $6.6 million

PROPOSED CONSTRUCTION SCHEDULE
The following schedule is to be required for the proposed project. The schedule may be extended by the City due to circumstances unforeseen at the time of advertisement.

October 23, 2025 Request For Proposal Advertised
November 7, 2025 Last day for bidder to submit questions November 17, 2025 Sealed Bids Submitted by 2:00PM
December 2, 2025 Anticipated award of construction contract January 5, 2026 Contracts fully executed / Notice to proceed issued January 5, 2026 Pre-Construction meeting
January 12, 2026 Construction begins
January 12, 2027 Construction completed

CITY OF DESERT HOT SPRINGS

JERRYL SORIANO, CMC, CITY CLERK
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
(760) 329-6411
Released: October 23, 2025
Item Number: 2.

Page 19 of 122 ends

Advertised: October 29, 2025 and November 12, 2025
Item Number: 2.

Page 20 of 122 ends

BIDDER’S PROPOSAL

FOR THE EAGLES SPORTS PARK IN THE CITY OF DESERT HOT SPRINGS,

CALIFORNIA
Date lkIw.I7 20 as
To the City Council of the
City of Desert Hot Springs:

The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as principals are the following:
+H¢€€ @443 L04? .
@ll— é/M/zmw? M .I/Se;.//—I—IO
€AS.
(Ifthe bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co—partnership does business, and the names and addresses of all co-partners.

If an individual, state the name under which the contract is to be drawn.) (b) That this bid proposal is made without collusion with any person, firm or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid proposal solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Desert Hot Springs to him at the address furnished by him to the City of Desert Hot Springs when this bid proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid proposal in accordance therewith.
(f) That, ifthis bid proposal is accepted he will enter into a written contract for the performance of the proposed work with the City of Desert Hot Springs.

Item Number: 2.

Page 21 of 122 ends

(g) That he proposes to enter into such contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are but estimates, and that the unit prices will apply to the actual quantities whatever they may be.

Accompanying this bid proposal is a certified or cashier’s check or bidder’s bond, payable to the order of the City of Desert Hot Springs in the sum of 4" '/° 01" K lb kMev/Al—F DOLLARS ($/DVODPEQAmmanf
) Said
bidder‘s bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state.

It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said cash, check, or bidder‘s bond, shall become the property of the City of Desert Hot Springs, but ifthis contract is entered into and said bonds are furnished, or if the bid is not accepted then said check or cash shall be returned to the undersigned, or the bidder will be released from the bidder’s bond.
647/477 (\MLAq?A ELM». 9-“???I 70‘?‘ 7af§r/W0
Address of Bidder Telephone of Bidder
gulf/MFA 7122'?‘7 @k
City Zip Code Signature of Bidder
lO
Item Number: 2.

Page 22 of 122 ends

BID PROPOSAL FORM

EAGLES SPORTS PARK

INTHE CITY OF DESERT HOT SPRINGS

TO THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA The undersigned as bidder declares that he has carefully examined the location of the proposed work, that he has examined the Special Provisions and read the accompanying instructions to bidders, and hereby proposes and agrees, if the bid proposal is accepted, to furnish all materials and do all work required to complete the said work in accordance with the said Standard Specifications, Special Provisions, Technical Speci?cations, and Project Plans in the time and manner therein prescribed forthe unit price set forth in the following schedule:

BASE AMOUNT:

ESTIMATED UNIT EXTENDED ITEM NO. DESCRIPTION UNIT QUANTITY PRICES AMOUNT Mobilization, Demobilization, , , 1- and ?nal clean up (including L3 1 450:0“ $ 45° .°°° construction trailer)

2. Traf?c control system L8 1 lg .“01°,. $ ”5,010.63
3, SWPPP and Erosion Control L8 1 86,004; $ 55’0“;

4. DustControl (PM -10) L8 1 ”6,009” $ ”€000,
Demolition/Clearing and ’
, 5' Grubbing L5 1 90,000 $ (70,4200
Gradin er recise radin ,
, 6' plan
gp p g 9 L8 1 Z?lmoc $ Z€>\.000
0 / 7. ExportSoil (F) CY 8,480 3; l0/ :5 ,7954—0

8. 3"AC Over4"Class|I SF 59,196 $ 4% $ 7154,1332“
Item Number: 2.

Page 23 of 122 ends

ITEM NO. DESCRIPTION UNIT 31%??? PEINC'ES 5:532?
9- 21:33:15,321;er or W.— wioor
Siif’?ii‘z?i'b‘pe’m‘ys‘d Lo wo Mam'
so W" 7791mm"
girs'rrgaz‘éiszsiper oo o mooo

13. ADA Opening in Fence EA 1 $ 500 ’ 500
—

14. Sgtigitlfccessible Parking (per EA 6 $ [.190 - 750°,

15. Paint Parking Striping L8 1
lo: .005
' [0, 0°C
’

16. II-nasrzzlslggzhplliargciosure per EA 1 44,060
, 4b.06o
,
17- é??sfsfta?zi‘i’??)?’ per LP 45 w;
' 5,176
’

18. Install Stop Sign EA 2 150 ' 600
’

19. Paint Stop Bar & Legend EA 2
I500
‘ $
3,000
,

20. garisstrrzfé?yps (per Detail 1 EA 2 27.We $ 54,,“ ’

21. Construct Stairs EA 20 $00, $ (N 00°
'
Ssré?zizti‘mgmmnamLo 214
~ ozsaooo'
Item Number: 2.

Page 24 of 122 ends

ESTIMATED UNIT EXTENDED ITEM NO. DESCRIPTION UNIT QUANTITY PRICES AMOUNT Construct Gutter Depression _ - 23'
per City Std 308 Case A
LF 30 55 5° $ 1,400

24. Install SDS HDPE Flared End EA 2 $ 6177;’ $ {370 '

25. Install "U" Channel per Detail LS 1 g 305’ 55 3’7, 00 "
Install Wedge Curb per Std ~ - 2s. Dwg M1202 EA 86 :1; CS 3 55am Install Transition per Std Dwg — —— 27‘ No. 204 LF 20 $ (04 33 M 6” Install International _ , 28' Accessibility Sign EA 6 $ 115° $ I500 29_ Install 18“ HDPE Corrugated LF 45 $ [60' $ (0,790
/ Drain Line
Install 12" HDPE Corrugated -
- 30‘ Drain Line LF 43 $ {04 5 +5 I 9

31. Install 2"X6"Redwood Header LF 446 $ 853 1774 I
—
Construct 3‘ Under the

32. Sidewalk Drain per Std Dwg EA 2 $ 4“In!“ 715‘”
—
No 307 ’
Install Turf in Base of 50 go 33‘ In?ltration Basin SF 2’355 $ l " 7),ng ’— Construct Type 1 Retaining ’ 34' Wall per DHS Std Dwg LF 544 $ 110 ll‘I - (‘50
Install 6" HDPE Storm Drain , .. 35' Pipe LF ”’41 5 1.6 ~ awn; Construct 0" Curb per Std Dwg — ~ 36' 201 (modified) LF 78 $ I05 6. °7° Install 15" HDPE Corrugated . , 37' Drain Line LF 100 $ IOU $ (0. II“
Install 4' Wide "V" Ditch per ’ , 38' Detail LF 264 $ 3% $ 1915i Item Number: 2.

Page 25 of 122 ends

ESTIMATED UNIT EXTENDED ITEM NO. DESCRIPTION UNIT QUANTITY PRICES AMOUNT

39. Install Rip Rap per plan EA 1 $ 714-0“-$ 7'44»
’
Construct Catch Basin per Riv 4 z 40' Co Std No. CB-108 (Type X) EA 2 $ 6'7"” $ “N440 41- Qpnstruct Curb Transmon from LF 20 $ “599’ $ [w “a
, O to 6
Install Detectable Warning ‘
- 42' Mats per Std Dwg No. 209/210 EA 9 $ 47‘; $ JhZ74
Install 6" Nyoplast drain w/ 4" . 43' inlet (or approved equal) EA 6 $ 1,2» $ 7/ ZOO— lnstall 2" Sch 40 PVC Water ’ - 44' Main Per MSWD Std w-09 LF 435 $ \9 $ (015443 Install 6" DIP ?re service per a , 45' MSWDStd '-F 153 3514° $ 7:73.I u

46. Install 6" DIP "T"w/ thrust EA 1 I 000
— $ I. ooa ’
block per MSWD Std W-08 '

47. Install 6" DIP Gate Valve per EA 1
, 1,500 ' 3 ,aoo
' MSWD Std Dwg No. W-02
Install 6" DIP elbow w/ thrust , _ 45‘ block Per MSWD Std W-08 EA 1 {95° 660 Install Fire Hydrant Assy per -
- , 49‘ MSWD Std w-o7 EA 1 lino“ I 2
.qu
Install 6" DIP Cap per MSWD _ _ 50. f Std EA 1 *7be 59° Install 1" Sch 40 Water Main ,_ 51' Per MSWD Std w-09 LF 248 it 1726 Install 1000 gal Grease

52. Interceptor per MSWD Std 8- EA 1 \‘L,1 m
’ [1,7cu
T
18 53. Install 6" PVC Sewer Line LF 234 30 " I 5.7””
54- Install 4' Manhole per MSWD EA 1 (9,160- (“750 -
Std 8—18
Item Number: 2.

Page 26 of 122 ends

ESTIMATED UNIT EXTENDED ITEM NO. DESCRIPTION UNIT QUANTITY PRICES AMOUNT Install 6" Sewer Clean Out per , 55- MSWD Std 8‘12 EA 1 $ '65‘L@$ V596 1360 ’
Install 6" PVC Sewer Lateral , . 56'
per MSWD Std 3-13 LF 24 $ 35 $ Z, 040
Install 6" PVC Cap per MSWD , - 57‘ Std EA 1 $ I774 3‘ 1%

SITE ELECTRICAL
Furnish and install cabinets, ,
¢ 58‘ switchgear, control sections L8 1 22‘! 00° $ ZZI.00° Furnish and install Sports
’ 59. Lighting (LED Light Source / EA 10 $ 3g, goo 5 8108.000” Footings)

60. Furnish and Install Conduit LS 1 $ (pl iooa’ $ (pl .ooo ’
Furnish and Install wiring and _ , 61' conductors L5 1 +7,,ooo 4'5, ooo Furnish and install Site and _ / 62' Parking Lot Lighting EA 35 $ ’5.80° $ 209”"
Furnish and install EV , , 63. Chargers EA 4 $ 20,000 $ 80,000 Furnish and Install Pullboxes , 64. and Conduit for Future EV EA 10 $ I,‘I 00‘ $ [41,009 Charges
Furnish and Install FX , 65‘ Luminaire System L8 1 28,000 $ 25")” Install UtilityTransformer Pad ‘ ..
66’ and Conduits L8 1 14,000 $
l 4"°ao
Furnish and Install pull boxes on
’ 67' and junction boxes per Plan LS 1 7,710“ $ 7’7 '0
Furnish and install Light Pole ,_
, 68' Ground Systems L8 1 4i°°° $ )0 we

69. Furnish, Erect, and Install LS 1 $ 45,005/ Standard Poles / Footings Item Number: 2.

Page 27 of 122 ends

ITEM NO. DESCRIPTION UNIT Engm?? PEINC'ES Emma}?
Furnish and install

70. foundations/pads/minor LS 1 alow' $ 15/one
'
concrete

OTHER CONSTRUCTION

71. 4" Thick Concrete Walk SF 28,076 $ 6,6,9 :5 71A“?7.7. "
72- 2':;:"SMOW Curb — Landscape LF 55 $ 44, $ 2,155
I
73‘ ggnfsre/EeRZI??ghers Pads and L8 1 3; +710“)- $ +1000,

74. 6' Ht. Tubular Steel Fence LF 1,443 $ 80‘ $ “5‘ Mo
75' Eggs“Steel Pedestrian EA 3 3 (M600
_ $ l1500’
LilitééifééXi‘léi'ileia‘es EA 2 new We»

77. ;:r'1:i:;Mow Curb — Under LF 1773 (pl - $ [051163

78. Chainlink Sideline Fence (18') LF 41 25:;
- $ [DA—55’

79. Chainlink Out?eld Fence (8') LF 641 an~ $ 67, b?o

80. Chainlink Outfield Fence (6') LF 617 64‘' $ 5\ .325

81. Chainlink Out?eld Fence (4‘) LF 296 75
’ $ 12,100 ’
Ls 1
.W Woo

83. Chainlink Backstop EA 1 $ {oZmoO’ $ (02/ 000’

84. Retaining Block Wall — 6’ H SF 525 $ 4,4’ $ 23/00 I Item Number: 2.

Page 28 of 122 ends

ESTIMATED UNIT EXTENDED ITEM NO. DESCRIPTION UNIT QUANTITY PRICES AMOUNT

85. Monument Sign EA 1 $ 14,005 $ 1“"°°°
,

86. 42" Ht. Guard Rail LF 886 $ 7;; ’ $ 59,446
Interlocking Pavers with 87' 5-D
Concrete Band SF 3’073 $ 77+’ $
INo.0'8 5'3
Poured in Place Concrete ,
, 88' Seat Wall - 18" H
LF 60 $ 92° $ 77‘1”“

89. Block Wall — 1' H (Field Area) SF 90 $ we;
' $ It.55o
’

90. In?eld Clay Mix (4") CY 125 $ 250
’ $ 72‘3150’
Connection for Water Meter — _ ’ 91. 1-1/2" Service (MSWD to EA 2 $ 7,50" $ IG,ooo Install Actual Meter)

SITE AMENITIES

92. Trash Receptacles EA 7 $ 2,4700' $ 20! goo’

93. Benches EA 6 $ 2,506’ $ MNSDD’

94. Rubberized Surfacing SF 1,330 $ 4 35 $ 55555253
Play Equipment with
Integrated Shade Sail -
a 95' (Including Drain Inlet and Line EA 1 $ l4’11”" $ ‘47:”‘3 per Detail E, Sheet L1.4)
Cantilever Shade Structures - , 96' w/ Fabric — Bleachers EA 2 S 440.105° $ ‘7'55600 Concrete Baseball/ Football — 97' ' Bollards EA 5 $ 585° $ 1‘3.Z40 Netting with Post (50’ H)/ ,
/ 98' Footings LF 300 $ 500 $ [so , DOB

99. Storage Building L8 1 m 000’ $ 4.441,909’
Item Number: 2.

Page 29 of 122 ends

ITEM NO. DESCRIPTION UNIT EQSJXVFLQI‘I'I'EYD PILRJI'EES Exhagrt?gr o
100. Restroom/Concession Building LS 1 894,000; $ god—’00.: ‘ 101. Scoreboard EA 2 $ gal/gay 74.560’
102. Baseball Foul Pole EA 2 $ 7, lson’ 7,900’
103. Football Goal Posts EA 2 $ 10,155 40.60:;
104. Aluminum Bleachers (5 Rows) EA 4 $ loféoo ’ gl lzoo ’ 105‘ llsllreigleRSotchLflEth-Bzv 12%] 80m EA 1 $ 00,140 100,215; 106. Picnic Tables EA 4 $ 1.,A—mn ’ 7/6I we
’
EA 2 Woo- mm
108. Bike Rack EA 1 $ 1,100‘ “700'
109. Baseball Bases — Set EA 1 39l ,\ on
‘ $ \.100
’
110. Homeplate EA 3 $ mo
’ 1”75°
'
111. BatRacks EA 2 $ 1.450, ’Z?oo’
112. Pitching Rubber EA 3 $ (050’ Ilq? o
’
113. Players Bench .21' L EA 2 $ 2,500“ 5.905
114‘ Dog Bag Dispenser EA 1 $ \fzo", l ,90‘3'
Prefab Metal Building
115. (40’ x 80’) including L8 1 ‘$ 3777,7906 %$7,';oo ' Foundation/Slab, Electrical
Item Number: 2.

Page 30 of 122 ends

ITEMNO. DESCRIPTION UNIT EQsJkMNé'TTI'EYD PglNCIESEflagr?iq?)

LANDSCAPE AND IRRIGATION
116. Landscape LS 1 47"10b $ 47,. 100’
117. Irrigation LS 1 775’, 000 35 “gm, ooo
'
118. 90-Day Maintenance Period LS 1 7)" 300" $ 79), 300 ‘
TOTAL BASE AMOUNT $1M no
TOTAL BID PRICE = BASE AMOUNT PLUS (+) ALLADDITIVEITEMS, MINUS(—)ALL DEDUCTIVE ITEMS TOTAL BID PRICE IN DIGITS: 5 8590.000:00
TOTAL BID PRICE IN WORDS: bu LUIN g.‘
?x (AD
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid proposal shall become the property of the City of Desert Hot Springs, and this bid proposal and the acceptance thereof maywwrednull and void.

Si9nature of bidder54?
(Ifan individual, so state. Ifa firm or c
fmrship, \
state the ?rm name and give the names ofall individual
co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer and manager thereof.)
’ Tire/<36"Pandas40W-
‘QLIIL‘WWMOIVCinn—es! see.‘/+mr>,
F0 Fpox /ol , 69914.44» , a»: agew
Business Address
?o?~ 796- “9‘70
Telephone Number
Dated: r/ / 24
(F) — Denotes Final Quantity
,2025
Item Number: 2.

Page 31 of 122 ends

WEI
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who willperform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor‘s total bid, and the portion of the work which will be done by each subcontractor.

Specific Description of SubName Under Which Sub- License Address of Office Contract Work and Portion of Contractor is Licensed Number Millor Shop the Work
19030% In
M1447“!50”” [44763 Mama» M
Pu?UC MTFODM Z937 Sum?s PM W ”9-PMM l‘
é?tw?o 822We “If/mogul Nu arm 8mg.

NEH” Com-P 5075 PHmm». Né‘f‘f’lwk
Net/4mg 7Wco 114%,.“ A1.

W Wes-ram e7; gerwelhgm PIP ha??L
[W518 ”TM‘IIZ Luau». 14+ QMK—Mue.

If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) Nov.l7, Zoze m PM awe/I.

Dated
h @% Bldd ,
faces.

Signature
bignature
21 Item Number: 2.

Page 32 of 122 ends

SHBEQHIBEEIQBIISIIEll" IS! 1
Specific Description of SubName Under Which Sub— License Address of Office Contract Work and Portion of Contractor is Licensed Number Millor Shop the Work
If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of the California Government Code.) NW.(7 7/07/9— W 17541:; W~
Dated Bidder
\ Ignature '
signature
22 Item Number: 2.

Page 33 of 122 ends

CONTRACTOR’S INDUSTRIAL SAFETY RECORD FORM
Bidder’s Name hues. V9110; Law.

This information must include all construction work undertaken in the State of California by the bidder and any j venture or corporation that any principal of the bidder participated in as a principal or owner for the last four cal en
dar
current calendar year prior to the date of bid submittal. Separate information shall be submitted for each partic ular
p
j
venture, corporation or individual bidder. The bidder may attach any additional information or explanation of d at
a
taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances all fatalities.

Current Year
of Record
2024 2023 2022 2021 2020
Number of contracts 6 (, g% ’5\ 5 Z, (06
Total dollar amount of
contracts (in thousands of
dollars) Ioi,€7(a 7,;5’3 5541
7,305— 17¢
Number of fatalities D q o o o 0
Number of lost workday
‘ cases 5 0 0 D o
Number of lost workday
cases involving permanent o D
o 0 D
0 transfer to anotherjob or
termination of employment
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Inj uri
es,
— Occupational Injuries and Illnesses, OSEA No. 102.

The above information was compiled from the records that are available to me at this time and I declare under p the information is true a d accurate within the limitations of these records.

Signature: C ? Signature:

Title: vpglxatiw Title:

Date: It In.
[v/ops‘ Date:
23 Item Number: 2.

Page 34 of 122 ends

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1- 4H“; 49F JNb/Q /00 C/UICWm ,lumo. Car
Name and Address of Owner '
bow UVSGNQ,mamewmocak , wac- 3%st
Primary Contact Name, Email, and Telephone Number
_I/
[mm ’f’Wbésl'v. MWIWQ. I.>(L(:+ 7 (‘0' 39” ~40/DO
Second Contact Name, Email, and Telephone Number
Lam—Moe r16,» VmL Lolli—
Contract Amount Type of Work Date Completed

2. arm-(”a cF ?tmmg— 44M") Momké 9. $4126. luau. CA
Name and Address of Owner
W [Zebpcaé-L, Ab-kbllWE‘Lcuv'Lo.ol-Lg .1 700 gas 253’!
Primary Contact Name, Email, and Telephone Number
Mm MLWI uMLWC?AVI—O.of_l_1 ?GI—?I—?g,527(94—
Second Contact Name, Email, and Telephone Number
61 lzl. lat/7 gem» Ynu— 7/03,-
Contract Amount Type of Work Date Completed

3. Cw”: we.“ Mme Wr82§ i-lwmii, MIA/lime. at}
Name and Address of Owner
W Nam-r, CWNQWWWC—A-mv 700 770 4,124, x92?
Primary Contact Name, Email, and Telephone Number
VMFN91’mbkL . MmSWle??-bodi 79047042241 x251—
Second Contact Name, Email, and Telephone Number
1,306. ”are me tumoumw L023
Contract Amount Type of Work Date Completed
24 Item Number: 2.

Page 35 of 122 ends

Name and Address of Owner
Primary Contact Name, Email, and Telephone Number
Second Contact Name, Email, and Telephone Number
Contract Amount Type of Work Date Completed
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance bonds:
die ONO(“IRMA—ehleng MFAN?
7% ‘hrecamhave sow», $w-né 200, wa€ CA 62m:
do bum—r 'M‘Iww‘végwwé’i, MANWMNOQL I158:~472—
15547
25 Item Number: 2.

Page 36 of 122 ends

AFFIDAVIT FOR CORPORATION BIDDER

STATE OF CALIFORNIA )
)ss
COUNTY OF WW0 )
Em; élmmom$ , being
first duly sworn, deposes and says:

Thatheis P 1, +
of,
+W Park: 44A".
a corporation which is the party making the foregoing bid proposal; that such bid proposal is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid proposal or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Desert Hot Springs or any person interested in the proposed contract, for himself or for any other person
[414%
signature
sworn (affirme
before me this
,20
minis erlng

OTARY PUBLIC)
aleSEEaT’YPvCA-‘(ED 43
Item Number: 2.

Page 37 of 122 ends

CALIFORNIA ACKNOWLEDGMENT CIVILCODE § 1189
Anotary publicor other officercompletingthis certificate verifies onlythe identityofthe individualwho signed the document to which this certificateis attached, and not the truthfulness.accuracy,or validity of that document.

State of California
County of Rwu‘s'i AC. }
On \\ \q 207—5 before me, Ca.'\\'\r\ Summer \l«.\\g| ?ax-arts ?»l¢\’;c_ Date Here Insert Name and Title of the Of?cer
personally appeared EVIK be. $1“ m0?$
Name{s} of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels) is/are subscribed to the within instrument and acknowledged to me that he/sVse/they executed the same in his/htgr/fheir authorized capacity(ies), and that by his/h‘edthEir 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
CAILIISUM“ VALLE
mm ,?ubmnwa paragraph is true and correct.
mm)" County ! Communion 11512836 ‘
» -
“cwmsmm m “I 2019 WITNESS my hand and offrcral seal.

Signature SW02
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer's Name:

El Corporate Officer — Title(s): El Corporate Officer —— Title(s):

El Partner— El Limited I] General CI Partner— [1 Limited II! General El Individual D Attorney in Fact [1 Individual El Attorney in Fact El Trustee El Guardianor Conservator E1 Trustee El Guardianor Conservator El Other: — D Other:

Signer is Representing: — Signer is Representing:
©2019 National Notary Association
Item Number: 2.

Page 38 of 122 ends

CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Desert Hot Springs, the firm listed below certifies that it does not discriminate in its employment with regards to race, religion, sex, or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding non-discrimination in employment; and that it will pursue an affirmative course of action as required by the affirmative action guidelines.

We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large

3. To take affirmative steps to hire minority employees within the company.

FIRM ‘I‘l’wee?% 4MPTITLEOFOFFICERSIGNING / 0M 3%-
SIGNATURE €94} /{ DATE 1i Illa/20:;
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
48 Item Number: 2.

Page 39 of 122 ends

BIDDER’S BOND
KNOWALLMENBYTHESE PRESENTS, THAT WE, Three Peaks Corp.
as principal, and
The Ohio Casualty Insurance Company as surety, are held and ?rmly bound unto the City of Desert Hot Springs, hereinafter “City”in the sum to ten percent (10%) of the total amount of the bid of the principal, to be paid to the said CITY or its certain attorney, its successors and assigns; for which payment willand truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, ?rmly by these presents.

In no case shall the liabilityof the surety hereunder exceed the sum of $ 10% Ten Percent of Amount Bid

THE CONDITIONOF THIS OBLIGATIONIS SUCH,
That whereas the principal has submitted the above mentioned bid to the City of Desert Hot Springs for certain construction speci?cally described as follows, for which bids are to be opened at Desert Hot Springs City Hall on November 17, 2025 for Eagles Sports Park.

NOW THEREFORE, ifthe aforesaid principal is awarded the contract, and within the time and manner required under the speci?cations, after the prescribed forms are presented to himfor signature, enters into a written contract, in the prescribed form in accordance with the bid proposal, and ?les the two bonds with the City of Desert Hot Springs, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required bylaw, then this obligation shall be null and void; otherwise itshall remain in full force and effect. In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be ?xed by the court. 46 Item Number: 2.

Page 40 of 122 ends

BIDDER'S BOND
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 13th day of November , 20 25
4, iM (seal)
Erik Simmons (3930
President (seal)
Three P ks Corp. (seal)

INCIPAL
(seal)
Lawrence F. McMahon, Attorney-in—Fact
The Ohio Casualty Insurance Company (seal)
SURETY
790 The City Drive South, Suite 200, Orange, CA 92868 (seal)

ADDRESS
NOTE: Signatures of those executing for the surety must be properly acknowledged.
47 Item Number: 2.

Page 41 of 122 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVILCODE § 1189
A notary public or other officer completing this certi?cate verifies only the identity of the individualwho signed the document to which this certi?cate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of SanDiego— )
On NOV13 2025 before me, N. Kirk-Smith.Notary Public , Date Here Insert Name and Title of the Officer personally appeared Lawrence F. McMahon
Name(s) 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.

WlTNESS my hand and official seal.

N.KllK-slmt
Maury Public- California
SanmmCounty 1 ' .I,’ commissionI 141759: ] A MyComm.Expires5.913, mg ‘E
S'gnatur‘;wwSign of Notary Public
Place Notary Seal Above

OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer‘s Name: Signer’s Name:

D Corporate Officer — Title(s): ‘3.Corporate Officer —— Titie(s):

D Partner — D Limited i3 General l_l Partner — i: Limited i: General [3 Individual lE Attorney in Fact i3 Individual D Attorney in Fact CITrustee Cl Guardian or Conservator El Trustee F] Guardian or Conservator : Other: 2 Other:

Signer is Representing: Surety Company Signer Is Representing:
"
’ ' ‘ '‘ ‘
’
, L
, WWMWWWW @2015National NotaryAssociation- www.NationalNotary org- 1-800 US NOTARY(1-800- 8766827) Item #5907 Item Number: 2.

Page 42 of 122 ends

berty POWER OF ATTORNEY
Mutual. Liberty Mutual Insurance Company cemmle No:WED”— SURETY The Ohio Casualty Insurance Company
West American Insurance Company
KNOWNALLPERSONSBYTHESEPRESENTS:ThatTheOhioCasualtyInsuranceCompanyis a corporau‘ondulyorganizedunderthe lawsofthe State of NewHampshire.that LibertyMutualInsuranceCompanyisa corporationdulyorganizedunderthe lawsoftheStateofMassachusetts. andWestAmericanInsuranceCompanyisa corporationdulyorganized underthelawsofthe StateofIndiana(hereincollectivelycalledthe“Companies‘). pursuantto andbyauthorityhereinset forth,doesherebyname.constituteand appoint Christopher Conic, Dale G. Hurshaw, Geoffrey Shelton, John R, Qualin, Lawrence F. McMahon, Lilia Do Loera, Maria Hallmark, Minna Huovila, Nata ru Kirk—Smith, Ryan Wamock.Sarah Myers, Tara Bacon
allofthe cityof San Diego state of CA eachindividuallyiftherebe morethanone named.itstrue andlawfulattomey—in-fact tomake. execute.seal.acknowledgeand deliver.forand onitsbehalfassurety andas itsact anddeed.anyandallundertakings.bonds.recognizancesandothersurety obligations,inpursuance ofthese presents and shallbe as bindingupon the Companiesas ifthey have been dulysigned by the presidentandattestedbythe secretary oftheCompaniesin theirown proper persons
INWITNESSWHEREOF,thisPowerofAttorneyhas beensubscribedbyanauthorizedof?ceror of?cialoftheCompaniesand the corporateseals oftheCompanieshavebeen af?xed theretothis 6th dayof May , 2025 .

LibertyMutualInsuranceCompany
TheOhioCasualtyInsuranceCompany
WestAmericanInsuranceCompany
W7A
Nathan.I.Zangerle,AssistantSecretary StateofPENNSYLVANIA 53 CountyofMONTGOMERY
Onthis 6th dayof May . 2025 beforeme personallyappeared NathanJ. Zartgerle.whoacknowledgedhimselftobe theAssistantSecretaryofLibertyMuhtalInsurance Company.TheOhioCasualtyCompany.and WestAmericanInsuranceCompany.and that he, as such.beingauthorizedso to do.executethe foregoinginstrumentforthe purposes 4 thereincontainedbysigningonbehalfofthecorporationsbyhimselfas a dulyauthorizedof?cer.

INWITNESSWHEREOF. Ihavehereuntosubscribedmynameandaf?xedmynotarialsealat PlymouthMeeting.Pennsylvania.onthe day and year?rstabovewritten.

Commonwealthof Pennsylvania- Notaryseal Teresa Pastella.NotaryPublic MontgomeryCounty b Mymmmisslon expires March25.2029 / By: Commissionnumber 1126044 . Member. Pennsytvanre Assocmlron of Notaries TeresaFasmila.NOiarYPUbiIC ThisPowerof Attorneyis made and executedpursuant to and by authorityof the followingBy—lawsand Authorizationsof The OhioCasualtyInsuranceCompany.LibertyMutual InsuranceCompany.andWestAmericanInsuranceCompanywhichresolutionsare nowinfullforceandeffectreadingasfollows:

ARTICLEIV—OFFICERS:Section12.PowerofAttemey.

Anyof?ceror otherofficialof the Corporationauthorizedforthat purposeinwritingby the Chairmanor the President.and subjed to such limitationas the Chairmanor the Presidentmay prescribe,shallappointsuchattomeysin-fact.as maybe necessaryto act inbehalfofthe Corporationto make.execute, seal.acknowledgeand deliveras surety anyand allundertakings.bonds.recognizancesandothersurety obligations.Suchattomeys—in-fact subjectto the limitationsset forthintheirrespectivepowersofattorney. shall have fullpowerto bindthe Corporationby theirsignatureand executionof any suchinstrumentsand to attach theretothe seal ofthe Corporation.Whenso executed.such instrumentsshallbe as bindingas ifsignedby thePresidentandattestedto bytheSecretary.Anypoweror authoritygrantedto any representativeorattomey-in-factunderthe provisionsofthisarticlemay be revokedat anytimebytheBoard.theChairman. thePresidentorbythe of?cerorof?cersgrantingsuchpowerorauthority.

ARTICLEXIII— ExecutionofContracts: Section5.SuretyBondsandUndertakings.

Anyof?ceroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthe president.andsubjectto suchlimitationsasthechairmanorthepresidentmayprescribe. shallappointsuch attomeys-in-fact.as maybe necessaryto act inbehalfofthe Companyto make.execute.seal.acknowledgeanddeliveras surety any andall undertakings. bonds.recognizancesand othersurety obligations.Suchattomeys-in-factsubjectto the limitationsset forthintheirrespectivepowers ofattorney.shallhavefullpowerto bindthe Companyby theirsignatureand executionofany suchinstrumentsand to attachtirerelothe sealoftheCompany.Whenso executedsuch instrumentsshallbe as bindingas it signedbythe presidentandattestedbythe secretary.

Certi?cate of Designation — The Presidentof the Company,acn‘ngpursuantto the Bylawsof the Company,authorizesNathanJ. Zangede.AssistantSecretaryto appointsuch attomeysin-factas maybe necessaryto act on behalfofthe Companyto make,execute.seal.acknowledgeand deliverassurety any and allundertakings.bonds.recognizances and othersurety obligations.

Authorization- ByunanimousconsentoftheCornpaan BoardofDirectors. theCompanyconsentsthatfacsimileormechanicallyreproducedsignatureofanyassistantseoretary ofthe Company.whereverappearingupona certi?edcopyofany powerofattorneyissuedbytheCompanyinoonneaionwithsurety bonds.shallbevalidandbindingupontheCompanywith thesame forceandeffectas thoughmanuallyaffixed
I.ReneeC. Llewellyn. the undersigned.AssistantSecretary.TheOhioCasualtyInsuranceCompany.LibertyMutualInsuranceCompany.and WestAmericanInsuranceCompanydo herebycertifythatthe originalpowerofattorney ofwhichtheforegoingisa full.true andcorrectcopyofthe PowerofAttorneyexecutedby saidCompanies.isinfullforceand effect and has not beenrevoked. ‘
INTESTIMONVWHEREOF. Ihavehereuntoset myhandandaf?xedthe sealsofsaidCornpanies this 13th dayof NOVembel’ , 2025 ReneeC.Llewellyn,AssistantSecretary
LMS-12873 LMICOCIC WAIC MulttCu 02/24
Item Number: 2.

Page 43 of 122 ends

NON-COLLUSION AFFIDAVIT
The undersigned in submitting a bid proposal for performing the following work by contract, being duly sworn, deposes and says:

That he has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

The furnishing of all labor and materials and equipment for the Eagles Sports Park, consisting of constructing the sports park, football and baseball fields, playground area, shade structures, landscape, grading, asphalt, concrete, decomposed granite, storm drain, water, sewer, electrical, striping, restroom/concession building, storage buildings, fencing, signing and striping improvements, and the performance of other appurtenant works. Removed material shall be legally disposed of off-site at the Contractor’s expense.

All project work and incidental items to complete the project shall be performed in accordance with the plans, specifications, and other provisions of the contract. All the above improvements are to be constructed in a workmanlike manner, leaving the entire project in a neat and presentable condition.

M P5414; COM.

RN éA?w/r‘/\ {was
Signature of Bidder
5+2?!“bum—umHUD”"Wu-ref.WWAFA
Business Address
69415A; A’bbué
Place of Business
Subscribed
20_
sworn (affirmed) to before me this d of ,
Notary Public in an the County of
, State of California
Ion expires , 20
%§EEprr‘rescrlED 49
Item Number: 2.

Page 44 of 122 ends

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotary publicor other officercompletingthiscertificateverifies only the identity ofthe individualwhosigned the document to which this certificateis attached, and not the truthfulness, accuracy,or validityof that document.

State of California
County of R'NtCSViK.

On p “q I’LO‘LS before me, Cocu‘vn SVMM \Icc\\€.. H?k-Cé’ Debt}; Date Here Insert Name and Title of the Officer
personally appeared ark“, Lo. S\~“H\o?$
Namels) of $igner(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/ltgrlthhirsignature(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 1%CMLINSUMEKVILLE E paragraph is true and correct. ~ Maury Pun: - (allianu
‘ Rivenm County g
(minim-n - 1mm ‘ WITNESS my hand and official seal. 1 ray(Immt Envrn Sou Il. 2019E Signature ( 5 W
Place Notary Seal and/or Stamp Above Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Capacity?es) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
[1 Corporate Officer — Title(s): El Corporate Officer — Title(s):

Ei Partner— I:i Limited El General El Partner— El Limited D General El Individual I] Attorney in Fact El Individual El Attorney in Fact El Trustee El Guardianor Conservator EJ Trustee D Guardian or Conservator El Other: El Other:

Signer is Representing: Signer is Representing:
©2019 National Notary Association
Item Number: 2.

Page 45 of 122 ends

MINUTES OF SPECIAL MEETING OF SHAREHOLDERS
OF
THREE PEAKS CORP.

January IS. 2010
Redlunds. ('u
The special meeting ol' the Shareholders oflhree Peaks Corp. (the “('orporution") was held on the date and time and at the place set forth in the written waiver of notice signed by the shareholders. ?xing such time and place. and pre?xed to the minutes of this meeting.

The meeting was called to order by Erik Simmons. the President ol‘the Corporation There were present at the meeting:

Erik Simmons
being all the Shareholders of the Corporation.

L’ponmotion duly made. seeonded and unanimously earned. it was Resolved. that the following oflieers ol‘Tliree Peaks Corp. be and they hereby are designated. empowered and authori‘led to sign and execute rue-quali?cations. bids, construction contracts. powers ol‘attorney and other miscellaneous legal documents that require such authority in lhe normal course ot‘business:

Erik Simmons President. Secretary. Treasurer
There being no further business to come before the meeting. upon motion duly made. seeonded and unanimously carried. the meeting was udjoumed.

Secretar
Item Number: 2.

Page 46 of 122 ends

CaliforniaEnvironmental Protection Agency
Air Resources Board
January 1, 2025

CERTIFICATE OF REPORTED COMPLIANCE

OFF-ROAD DIESEL VEHICLE REGULATION
is issued to
THREE PEAKS CORP.

ThIs cem?cate indicates that the fleet listedabove has Ieporied off—roadlesel vehicles to line California Air Resources Board and has certi?ed they are In compliancewith title 13 OCR, section 2449. Allapplicable vehicles owned by the individual, company, or agency must be reported and labeled, as speci?ed in Section 2449, withall possible completeness, else this certi?cate is null and VDId.Certi?cate expires 2 / 28 / 2026 X/:T/// Off-roadDleselFleetldentl?catlon
a 12560 ’ nu Kimws’u um, Mamie Scum (urinal nmlcn r v n m n lhi easement numberal t ummm Air?esourtrs mum ° e W ”mm“ ’ ° ' S ”m s http://vmw.am.ca.gov/doorslcompliance_cert1,hlml Item Number: 2.

Page 47 of 122 ends

Addendm?
W
RieauestifoLPrioposal
Eagles Sports Park Ere-Bid?esponsejo Que/5&5
November 13, 2025
The bid date has been changed to Thursday, November 20‘“, 2025 at 11:00 am. and are to be delivered to:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Substitute the attached bid sheets and schedule of values for the original bid sheets and schedules of values in the specifications.

The following questions were submitted and their corresponding responses follow:

1. Bid Item #42 calls out for 10‘ high Chain Link Sideline Fence. There is no 10‘ high Chain Link Fencing called out on the plans. Please advise.

Response: No 10’ chain linkfence. Referto revised bid schedule.

2. Bid Items #48 and #49 call out for 4' high and 6‘ high Tubular Steel Fencing. The plans only call out 5' high Tubular Steel Fencing. Please advise.

Response: All tubular steel fencing shall be 6’ ht. There is no 4’tubular steel fence.

There is 4’ chain link fence see sheet L1.3. Revised tubular steel fence detail will be provided. 6’ height also includes tubular steel gates vehicular and pedestrian.

3. Bid Item #50 calls out for Tubular Steel Vehicular Gates with Motors. I do not see specs for Gate Motors. Please advise.

Response: Contractor to provide shop drawings with submittal of materials for approval.

4. Please confirm what type of wire is to be used for the master valve and flow sensor.

Response: 2 Wire Maxi cable to be installed direct burial.

5. Per irrigation legend it states to use 14wire. However, per Schedule of valves on page 20 it states controlwire shall be #12 common and #14 pilot. Please confirm if Common wire shall be 12AWG
Item Number: 2.

Page 48 of 122 ends

Response: 2 Wire Maxi (14 I 12 )cable to be installed direct burial.

6. Per Sec 801-5.1 it states to use either epoxy-sealed packet or pin-tite connector. Per Irrigation legend it calls out for 3 dbr/y connectors. Please confirm which splice connectors are to be used for this job
Response: Use 3M DBR/Y at wire splices

7. Please confirm 3/8” minus mohave gold DG called out for on the planting plan is nonstabilized.

Response: Yes

8. Please confirm this is a state prevailing wage job
Response: Yes

9. Per irrigation legend on sheet L2.3 it states to use schedule 80 pipe for sleeving. Per specs and sleeving chart is says to use schedule 40. Please confirm which one to use.

Response: Use schedule 40.

10. Per irrigation legend on sheet L2.3 it states to use schedule 80 pipe for wire sleeves. Per spec 801-5.3.5 it state to use conduit. Per sleeving schedule it says to use schedule 40.

Please confirm which one to use.

Response: Use schedule 40.

11. Per irrigation legend it specifies mainline class 315 pipe with schedule 80 fittings for 2” - 4”. Spec says 3" and under to be schedule 40. Please confirm which one to use for the 2” mainline.

Response: 2” and smaller mainline to be sch 40 / 3” mainline to be Class 315 l 4” and larger Class 315 or Class 200 gasketjoint pipe.

12. Per irrigation legend it specifies mainline to be class 315 pipe with schedule 80 fittings with no mention of using solvent weld or ring tite pipe. The next sentence says to use right tite pipe with leemco fittings. Please confirm ifwe are to use ring tite pipe or solvent weld pipe for the 2” — 4” mainline.

Response: 4” gasketjoint pipe mainline use Leemco / 3” Mainline and smaller solvent weld.

13. Please confirm ifwe are to assume using Leemco fittings or schedule 80 solvent weld fittings for the 2” — 4” mainline.

Item Number: 2.

Page 49 of 122 ends

Response: 4” gasket joint pipe mainline use Leemco I 3” Mainline and smaller solvent weld.

14. Please confirm ifschedule 80 fittings are to be used for the irrigation mainline.

Response: Use Sch 80 fittings for pressured mainline 3” and smaller.

15. Please confirm ifschedule 40 fittings are to be used for the irrigation lateral lines.

Response: Use Sch 40 fittings for non-pressure lateral lines.

16. Please confirm iftwo wire 14 AWG maxi cable is to be installed in conduit? Ifso please provide size of conduit.

Response: 2 Wire Maxi cable to be installed direct burial.

17. Per section 801 -5.1 t calls out for an extra numbered wire to be installed from controller to each valve location. Please confirm this is not needed since the new irrigation system is going to be a 2 wire system that does not need spare wires.

Response: Provide 6’ coil of 2-wire in rectangular valve for future use.

18. Please confirm if extra valve control wire to be installed for every six remote control valves is to be installed due to the new irrigation system being a 2 wire system that does not need spare wires (Section 801—5.1).

Response: Provide 6’ coil of maxi-2wire in separate rectangular valve box for future.

19. If extra wire every 6 RCVsis to be installed per section 801-5.1 please confirm if every spare wire has to be a different color for each grouping of 6 valves (Section 801-5.1).

Response: Different color wire is not required.

20. Per section 801-5.3.5 it states to run conduit 5 feet beyond paving and curbs. Please advise if mainline sleeving it to run 5 feet beyond paving and curbs as well.

Response: Extend sleeve 6” min. beyond paving and curbs.

21. Per section 801-5.3.5 it states that each end of the irrigation sleeve shall be terminated, capped and a 1” x 24” iron pipe shall be embedded at the pipe end for future use. Since all sleeves will have pipe in it and there is no call out for spare sleeves, please confirm this will not be needed.

Response: Cap future sleeves. Note location on irrigation As-built.

22. Per section 801-6.1 it states the plant establishment period will not start until the project receives written acceptance by the city council. Since this job has a lot of Item Number: 2.

Page 50 of 122 ends

hydroseed and it is very expensive to maintain please advise how many calendar days we should assume to get final approval from the city council.

Response: City Council will be scheduled for acceptance approximately two weeks after completion of the punch list items by the contractor.

23. Per project maintenance tasks in section 801 -6.2 itstatesto rake dg areas weekly.

Please confirm the park will be closed until after the maintenance period has ended.

Response: Once the project is accepted the city may use the park during the maintenance period, however no activities will be scheduled that may affect grow in.

24. Per sheet L2.4 details E, F, G, it states to use a solvent weld SxSxTtee at the transition from the mainline to the valve. Please confirm leemco fittings are not to be used.

Response: Use Leemco fittings for mainline transitions to valve manifolds.

25. Per sheet L2.4 details E, F, G, it states to use a solvent weld SxSxTtee at the transition from the mainline to the valve. Please confirm if mainline size is reduced to the largest valve size on the manifold at the tee of the irrigation mainline supply (main main).

Response: For mainline under 2” solvent transition from mainline to the manifold valve is fine.

26. Please confirm gate valve size at each irrigation manifold Response: Line size.

27. Please provide make and model of irrigation ball valve to be used for the 4” mainline.

Response: Nibco Butterly valve Model LD-200 - Ductile Iron Lug Type

28. Please confirm mainline size at each irrigation valve manifold Response: Min. 21/2” at irrigation manifold.

29. Please confirm where the transition from Leemco fittings to solvent weld fittings for the irrigation manifolds are to be located.

Response: Refer to Leemco installation specification

30. Please provide detail for irrigation gate valves
Response: Refer attached detail “Y”.

31. Please confirm if conduit is to be used for the master valve wire.

Response: Direct burial no conduit. Install sweep at controller.

Item Number: 2.

Page 51 of 122 ends

32. Please confirm if conduit is to be used for the flow sensor.

Response: Direct burial no conduit. Install sweep at controller.

33. Per detail E on sheet L2.4 is calls out for schedule 40 elbows and street elbows. If mainline is to be schedule 8 fittings please confirm ifwe should assume these fittings to be schedule 80.

Response: All pressure mainline fittings shall be sch 80

34. Per rvc, master valve it calls out for schedule 40 fittings. Please confirm we are to use schedule 40 fittings.

Response: All pressure fitting to be sch 80.

35. Per irrigation equipment legend it states that backflow preventer is to be installed by MSWD. There is a bid item for this scope. Please advise ifthis item will be installed by the contractor.

Response: MSWD will install the backflow.

36. Ifbackflow preventer is to be installed, please confirm make and model of backflow enclosure to be installed if any.

Response: MSWD will install the backflow. Contractor to pay fees.

37. Please provide lateral line pipe sizing for the Rainbird XCZvalves.

Response: Refer to Sch 40 pipe sizing chart.

38. Please confirm ifthe fittings for the swingjoints on detail H of sheet L2.4 is schedule 40, schedule 80 or marlex.

Response: Sch 40

39. Please confirm make and model of brass ball valve located on the drip RCVdetail.

Response: Sch 80 Spears, Line size

40. Please confirm if 2 wire decoder wires at valve manifolds that are run valve to valve need to be in conduit
Response: No Conduit

41. Please provide make and model of wire splicers to use for the 2 wire system Response: 2-wire connections to be 3M DBR/Y at splices.

Item Number: 2.

Page 52 of 122 ends

42. Per detailV on sheet L2.7 note 2 it states that high lightning prone areas to use both a grounding road and grounding plate at each surge protector grounding. Please advise ifwe are to install both a surge protector and a grounding rod.

Response: Install grounding plate per manufacturer specifications.

44. Per detailV on sheet L2.7 note 2 it states you can use a grounding rod or a grounding plate as a surge protector. Please advise which one to use as a grounding plate is significantly more expensive.

Response: Install grounding plate per manufacturer specifications.

45. In reference to the general specification, section schedule of values (IRRIGATION ITEMS)which states that the irrigation controller shall be a Rainbird EXP-LXD125-station controller, while the legend of the controller on sheet L2.0 shows a Rainbird ESP-LXD controller with module ESPLXD-SM75.Additionally, the irrigation technical specs section 800-33 presents an irrigation controller having a maximum station capacity of 48 stations.

Please help us clarify.

Response: Disregard 48 station per BOO-3.3.Controller “A” Install Rainbird EXP-LXD 125-station. Controller “B” Install Rainbird EXP-LXMEIF12 station.

46. The section schedule of value (IRRIGATION ITEMS)not mention the gate valve items and backflow preventer, while irrigation plans and the legend show them. Please help us clarify.

Response: Irrigation is to be Bid as lump Sum.

47. Please help us provide the model of valve box for drip remote control valves, control valves, master valves, flow sensors, gate valves, ball valves, and quick coupler valves.

Response: All valves are to be install in rectangular valves and Gate, ball, Q.C.are to be installed in 10” round valves boxes.

48. Please help us provide the modelfor the irrigation water meter as mentioned in the legend.

Response: Refer to Mission Springs Water District approved list.

49. In reference to the general specification, section schedule of values (IRRIGATION ITEMS)which states that the pipe sleeve has schedule 40 and schedule 80, but the sleeve legend on sheet L2.0 shows schedule 80 only. Please help us clarify.

Response: Sch 4O sleeves are acceptable.

Item Number: 2.

Page 53 of 122 ends

50. In reference to the general specification, section schedule of values (IRRIGATION ITEMS)which states that the mainline item is 2" size, class 315 only, while the mainline legend and irrigation plans present 2" size and smaller shall be scheduled, and 2" to 4" shall be class 315. Please help us clarify.

Response: 2” and smaller mainline to be sch 40 I 3” mainline to Class 315 l 4” and larger Class 315 or Class 200 gasket joint pipe.

51. In reference to sheet L2.0, the legend of the pipe sleeve and wire sleeve shows schedule 80, but the sleeve chart presents schedule 40. Please help us clarify.

Response: Sch 40 sleeves are acceptable.

52. Please help us confirm whether the size of the lateral line follows the size charge or call-out on the plans.

Response: Refer to Sch 40 pipe sizing chart.

53. Please confirm that the correct unit of measurement for Bid Item 25 — Splash Pad/Rip Rap (Drainage Element) should be LS instead of EAas indicated in the bid proposalform.

Response: Rip Rap dissipation to be 1/4T @ 12” deep, total Bid Quantity should be 850 SF, locations shown on plans.

54. The legend of the Quercus Virginiana on sheet L3.2 indicates the size to be both 60B and 24B. Additionally, the plans do not clearly show the specific size. Please clarify.

Response: Tree located in round about is 60” box tree. All other trees shall be 24” box.

55. The soil report from Waypoint Analytical on Sheet L3.5 specifies composted green waste as the organic soil amendment, while Section 800-1 .2.4 of the Greenbook specifies Type 1 Organic SoilAmendment. Please clarify which material should be used forthis project.

Response: Use the Waypoint spec. Refer to plans.

56. Please provide the specific material for the infield clay mix.

Response: Pro Gold Infield Mix By Gail Materials

57. Please confirm that the 3/8" minus 'Mojave gold' decomposed granite on sheet L3.1 is un stabilized.

Response: Yes, un-stabilized.

Item Number: 2.

Page 54 of 122 ends

58. Please provide the specific material for the hydro mulch mix on sheet L3.5.

Response: No hydroseed required. Contractor to bid Bermuda turf sod “big role” tiff green 328. Rye overseeded wl Bermuda (October-May)

59. Kindly clarify whether the soil amendment rates for the turf and mass planting can be applied to hydroseed.

Response: Refer to soils report amendments for sod turf areas.

60. The maintenance period according to section 801-1 is 180 days. However, bid item 94 indicates 90-day maintenance. Kindly confirm the correct period.

Response: The City’s standard maintenance period for grow-in is 90 days.

61. According to the West Coast Turf, the Tifgreen 328 is sod. However, the legend on sheet L3.3 shows hydroseed. Please confirm that the project uses hydroseed.

Response: Contractor to bid Bermuda turf sod “big role” tiff green 328. Rye overseeded w/ Bermuda (October-May)

62. Mainline material legend shows 2" - 4" to use class 315, but the specs show all pipe 3” and smaller shall be Schedule 40 PVC. Please clarify which one to follow.

Response: 2” and smaller mainline to be sch 40 l 3” mainline to Class 315 / 4” and larger Class 315 or Class 200 gasketjoint pipe.

63. Please provide as built and or historic drawings for the existing park.

Response: There are no as-built drawings for the existing conditions of the project.

64. Please confirm thickness and reinforcement of concrete to be demolished Response: Unknown but can assumed to be 6 inches in depth with either steel mesh or rebar reinforcement.

65. Who will be responsible for the drain down of air conditioners to be removed.

Response: There are no air conditioners to be removed. The AC unit on the demolition plan is actually an abandoned CNG filling station.

66. How may tons AC are the air conditioners to be removed? Response: NA. See previous response.

67. What is the depth and material of the existing 4" water line to be removed? Item Number: 2.

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Response: Exact depth is unknown; however contractor can assume between 18 inches and 36 inches deep.

68. Please provide footing dimensions for the chain link fence to be removed.

Response: Unknown, however contractor can assume 18” deep x 12” diameter.

69. Please provide the thickness of existing asphalt to be removed.

Response: Unknown but contractor can assume 3-4 inches AC on native soil.

70. Please provide depth of base section for existing asphalt to be removed.

Response: Unknown but assume no base under existing asphalt. 71 .Is there any specific type of material for the 12" rip rap? Response: Rip Rap dissipation to be 1/4T @ 12” deep, total Bid Quantity should be 850 SF, locations shown on plans.

72. please provide a trench patch detailfor the new water line service asphalt patch on cholla drive as there is no way to know the thickness of the asphalt to be replaced based on drawings.

Response: Pavement replacement should be 4” AC over 8” Class IIBase.

73. Please provide the detail for graded earthen swale sheet 7 Response: Form 10’ wide by 6” deep swale in native material to create a flow line.

74. No bid item for Secondary storage building slope protection/rip rap bid item 35 sheet 7.

Where are we cost centering this work to?
Response: Rip Rap dissipation to be 1/4T @ 12” deep, total Bid Quantity should be 850 SF, locations shown on plans.

75. What is the on center staking spacing for the 2x6 asphalt retained redwood header? Response: Redwood header placed to hold/form edge of pavement per plan.

76. What are the operating hours of the existing city facility to receive the secondary storage building?
Response: Monday through Thursday 5:30 a.m. to 4:00 p.m.

77. Are there any specific security requirements and or badging requirements to access the , existing city yard to receive the secondary storage building? Item Number: 2.

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Response: No badge required, however the gate requires a code. City staff are available to coordinate 48 in advance.

78. Are there any specific public notification requirement for the local neighbor hood? Ifso what is the preferred method of notifying local residents of upcoming and or current construction?
Response: Contractor is responsible for door hangers to notify local residents.

79. Pavers require concrete perimeter and interiors bands. No bid item for this work. Please provide a bid item for this work.

Response: Bid as part of the paver installation.

80. Please confirm 1" ductile iron water service as noted in keynote 1 sheet 8 as the irrigation service benches to a 6" pipe per keynote 2.

Response: 1
” line for domestic water service (drinking fountains, restrooms & snack bar) to be separate from the 6” line for Fire service.

81. Keynote 1 drinking fountain service branches off of a keynote 2 6" fire service as shown on sheet 8. Please confirm the requirement for 6" ductile iron pipe to feed drinking fountains and the restroom water service. Please amend drawing accordingly.

Response: 1
” line for domestic water service (drinking fountains, restrooms & snack bar) to be separate from the 6” line for Fire service.

82. No bond form, affidavit form, corporation form, nondiscrimination form, or noncollusion form located in the proposal forms but in the full specifications, Please confirm these are required documents to submit.

Response: Yes, the documents in the full specifications are required.

83. Please provide the GeoCon soils report dated Mat 2021 as mentioned in the specifications.

Response: GEOCON’s soils report has been uploaded to Planet Bids. 10 Item Number: 2.

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84. Unit costs are required and quantities are provided in the bid schedule but Technical Specifications state that all work must be provided in Technical Specification although section 31.6 of Field Quality Control pavers will be paid by square foot. Please confirm whether all items are field measured or must be all inclusive to each line item and not field measured.

Response: Export soil is the only Final Pay item. The plans note this as F line item 7 of bid schedule.

85. Section 7-3.9 Final Pay Items and bid schedule state that only marked items will be final pay although the bid schedule has no marked items. This is in direct contradiction to section Technical Specifications which states full compensation will be in the bid item.

Please clarify field measurement/payment items for non lump sum bid items.

Response: Export soil is the only Final Pay item. The plans note this as F line item 7 of bid schedule. Follow the bid schedule on all other items.

86. Who is responsible the building warranty forthe prefabricated restroom and storage building? Itstates subcontractor but the building is prefabricated. Please clarify warranty requirements.

Response: The contractor is responsible for a one-year warranty for all contract items.

Additionally, the contractor will supply the city with any additional manufacturer’s warranties beyond one year.

87. Please provide specification for the Clear Span pre-engineered storage building such as finish, color, interior improvements, interior/exterior lighting requirements, water supply, sewer connection, etc. as nothing can be found in the provided documents.

Response: No specifications for the Clear Span or equal storage building are available other than those listed on the plans and specifications. The City will review details of the proposed building as part of the submittal approval and building permit processes.

88. The Clear Span pre-engineered storage building is a deferred submittal and per sheet L1.16 we are to provide a engineered concrete pad at bid time. Please provide a preliminary design for the foundation for bidding purposes.

Response: The contractor is responsible for the foundation design which will be reviewed by the City as part of the submittal approval and building permit processes.

89. Please provide specification for scope board flange beams.

Response: Refer to provided structural calculations.
11 Item Number: 2.

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90. Please provide a finish and or paint treatment spec for the scoreboard flange beams.

Response: Scoreboard beams to paint one coat primer and two acrylic black paint.

91. Please provide physical address for the project location to accurately price shipping costs.

Response: 65810 Hacienda Avenue, Desert Hot Springs, CA 2240

92. The specification call for interior and exterior wall coatings on the prefabricated restroom and storage building. Will these be field applied or provided by the manufacturer? Response: Provided by the manufacturer.

93. Please provide a manufacturer, model, and colorfor stone pavers.

Response: Refer to sheet L1.17

94. Will the pavers require joint sand? Ifso please provide a specification for this material.

Response: Yes. Install per manufacturer specifications

95. Retaining wall details mention waterproofing of retaining walls. Please provide e a specification for the material required.

Response: Contractor to provide submittal of material for approval.

96. Please provide a manufacturer for the 'Precast" entry monument.

Response: Contractor to provide submittal I shop drawings [materials for approval.

97. Please provide specification and attachment detailfor the Corten steel sign panel.

Response: Contractor to provide submittal of material for approval.

98. Please provide footing/reinforcement detail for the precast monument sign.

Response: Refer to revised detail CC I sheet L1.7 with concrete footing for bidding.

99. What is the finish for the handrails?
Response: One coat primer and two acrylic paint color TBD 100. Will the scoreboard flange beams require galvanization? Response: Scoreboard beams to paint one coat primer and two acrylic black paint. 12 Item Number: 2.

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101. Note 6 sheet L1.7 calls out for anti-graffiti coatings on all exposed concrete faces and block although there is no specification for the material to be found. Please provide manufacturer, model ,and application rate for this material.

Response:
102. What is the bid price guarantee period for this project? Response: Sixty (60)days.
103. Long lead items like restrooms and storage buildings are almost the duration of the project. There is no way to access these areas by crane if improvements are installed. Will the owner extend the duration so that these items can be installed prior to surrounding improvements?
Response: The City will work with the contractor should long lead time items require the schedule be extended.
104. Please provide alternate detailfor the trash enclosure as existing detail lacks structural information such as roof framing connections, transitions from metal posts to wood members, hardware schedules, wood species, wood finish, paint/stain finishes, gate details, roof material type and attachment, etc. Please amend detail and provide specification for construction and finishes at trash enclosure.

Response: See the City’s standard plan for trash enclosures at the following link:

Trash-EnclosureStanda rd Details :,D as ertHotSprjngs, 0A 105. Trash enclosure note states no precision block but does not provide a finish or type of block. Please provide a manufacturer, finish, and color for all decorative and or structural block.

Response: Refer to detail “X” for trash enclosure block finish to match block wall. 106. Please provide a specific detail for the trash enclosure gates and including material specifications
Response: Trash Enclosure Standard Details - Desert Hot Springs, CA 107. Confirm point of connection for domestic water service.

Response: Refer to water and sewer plans.
108. Specify approved backflow preventer per cityjurisdiction. 13 Item Number: 2.

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Response: Refer to Mission Springs Water District approved list and provide submittal for approval.
109. Clarify if recycled content documentation is required for concrete aggregate.

Response: No.
110. Will the city be providing construction water for dust control or is it the contractors responsibility?
Response: No.
111. Please provide location of the nearest fire hydrant for construction water purposes.

Response: Existing hydrants shown on off-site water plans (2 on Cholla and 2 on Hacienda).
112. Will the Prime contractor be required to provide a field office? Response: Yes. Provide Class “A” Field Office and area for conference table to accommodate min 8 people with air conditioning as well as a dedicated space for the City’s inspector.
113. Will a field office be required for City use on site? Ifso please provide dimensions and amenities required.

Response: Refer to Green Book for Class “A” Field Office. 114. What is the turnaround time for submittal review per contract in regards to the NTP? Response: All submittals will be reviewed and returned within five (5) working days. 115. Please confirm duration of NTPfor submittals and ifit is included in the 260 working day duration.

Response: Submittals are not part of the 260 working days as they may be submitted for review before the NTP.
116. Will a full time superintendent be required for this project? Ifso please confirm the non or working status and qualifications of this person.

Response: Yes.
117. Can alternate drainage structures replace those specified? Ifso please provide suitable manufactures and model numbers.

Response: Contractor to provide submittal for alternate (bubbler OK). 14 Item Number: 2.

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118. Drainage structure detail D-3 references a missing plan callout. Please provide location.

Response: Provide location for D-3 reference.
119. Confirm asphalt section thickness per city standard detail ST-20.

Response: Asphalt thickness shown on plans.
120. Are trench backfill materials required for drainage? Ifso please provide a specification if native backfill is not sufficient
Response: Native material OKfor backfill per inspector (1/4” minus). 121. Confirm point of connection for reclaimed water system per City Public Works standard.

Response: There is no reclaim water service on this project. 122. Please confirm detectable warning surface color and pattern. Please provide manufacture and model numberfor bidding purposes.

Response: Contractor to provide material submittal for review and approval. 123. Plan Page L1.0 Construction Legend Call out number 33 andDetailJJ on Plan Page L1.11 call for the Bike Racks to be Victor Stanley
Manufactured, however Specs call out Model Q-CIRQ-BRby QCP. please confirm Response: Bid detail 1] / Victor Stanley model not QCP. 124. Bid Item 72 and Site Furnishing Specs call for a Dog Bag Dispenser, however there is no Call out for this in the Construction Legend or
in the Plan Pages, please confirm location within job
Response: Bid one dog waste dispenser model depot-006-b/depot-022-b by dog waste depot (800) 678-1612 Location to be determined.
125. Plan Page L1.0 Construction Legend Call out numbers 13 and 14 Call for Daktronics Scoreboards, Model numbers 5000 SL-03991 and 1600 SL-04352, However the Specs call for BSN Models
Electronic Football Scoreboard — Model FB-1200 BSN Sports Electronic Baseball Scoreboard — Model BB-1101 BSN Sports, please confirm 15 Item Number: 2.

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Response: Disregard BSN model numbers have been discontinued. Refer to construction plan legend. Daktronics score board model numbers and controller. 126. Plan Page L1.0 Construction Legend Call out number 33 and DetailJJ on Plan Page L1.11 call for the Bike Racks to be Victor Stanley Manufactured, however Specs call out Model Q-ClRQ-BRby QCP, please confirm
Response: Bid detail JJ/ Victor Stanley model not QCP.
127. Bid Item 72 and Site Furnishing Specs call for a Dog Bag Dispenser, however there is no Call out for this in the Construction Legend or in the Plan Pages, please confirm location within job.

Response: Bid one dog waste dispenser model depot-006-b/depot-022-b by dog waste depot (800) 678-1612 Location to be determined.
128. Please provide detail for 6” Nyloplast called out on sheet 7 of 12.

Response: Manufacturer on-line with submittal to be provided by contractor. 129. Plans call for 1
” D.l. Water Main. Ductile Iron manufactures do not make pipe in 1". Bid form calls out water line as
Sch40 Class 350. Please advise.

Response: 1” water should be Schedule 40 Class 350 PVC. 130. Plans call out for 750 gallon Interceptor and the specification and bid form call out for a 1000 gallon Interceptor. Please advise.

Response: lnstall1 ,000 gallon grease interceptor.
131. Sheet 4 of 12 call out #25 states 12” HDPE Corrugated pipe, sheet 5 of 12 call out #25 states 3” HDPE Corrugated pipe.

Response: #25 Drainpipes to be 12” per plans.
132. Bidform item number 21 and 23 call out for 3” corrugated pipe. No 3” corrugated pipe show on the plans
Response: #25 Drainpipesto be 12” per plans.
133. Sheet 8 of 12 call out for 6” PVC Sewer line, Bid for calls out for 6” VCP Sewer line.

Response: Sewer line to be PVC.
16 Item Number: 2.

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134. Sheet 6 of 12 call out #33 states 15” HDPECorrugated Pipe. There is no item number bid for 15” HDPECorrugated Pipe. Please advise
Response: Add 100 LF15” HDPE drain line per plan.
135. Please provide depth of Tie in to existing 8” sewer mainline on Cholla Drive.

Response: Invert elevation shown on plans per As Built plans. Contractor to verify in the field before connection.
136. Bid Form item 61 calls for 15’ length Players Benches, and the plan page L1.5 Detail L calls for a 21’ long bench, and the Specs call for 21’ but are also incorrectly calling for a repeat of the Pitching Rubber from above
Response: Install 21’ player’s bench. See revised Bid schedule. 137. The planting page Legend calls for Turf to be ‘Tifgreen 328’ Hydroseed w/ Perennial Rye overseed. Isthere already existing grass/sod there? I don’t see mention of New Sod as well as the overseed.

Response: No hydroseed required. Contractor to bid Bermuda turf sod “big role” tiff green 328. Rye overseeded w/ Bermuda (October-May)
138. Trees in the planting Legend had mentions when they were a Standard Single Trunk, but no call out for Multi-Trunktrees, there is a detail for MultiTrunk Trees in the Detail Pages, but none of the trees in the Legend have been called out specifically as Multi Trunk, can we assume that all the Trees are Standard Single Trunk? Or are the Trees unmarked to be Multi?
Response: Trees are all standard single trunk.
140. The electrical plans reference the proposed utility electric route per requirements.

Please confirm whether this work is included in the project scope. Ifit is, please provide the utility plans.

Response: Contractor shall furnish and install all items as specified in the utility company final engineering plans.
141 .The electrical plans show conduit lines to each pole, along with an additional “home run” label. Should we interpret this asa separate conduit run, or is it intended to represent the same conduit already shown?
Response: Each pole shall have a home run as shown for the main sports lights. The 2'“1conduit that connects the poles together is for the security light fixture on the pole, which are all tied together to one circuit.
17 Item Number: 2.

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Addendum #2
Eagles Sports Park Pre-Bid Questions
l.The dddendum did not include detoils mention in the Q&A such as revised 6' high Tube Steel Fence detail per Q&A
Response: Refer to revised detail.

2. The Q&A also does not provide an answer for the onti«groftiti cooting specification
Response: Use Prosoco Blok-Guard and Graffiti Control W86

3. Line 83 of the Bid schedule calls out for 7 Sport lights. Plon showle.

Response: Correct number of Musco Lights is 10.

Item Number: 2.

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Addendum #3
Eagles Sports Park Pre-Bid Questions
The bid date has been changed to Monday, November 24'“ 0111:00 am. and are To be delivered To:

Ch‘y of Desert Ho’rSprings
11999 Palm Drive
Desert Hot Springs, CA 92240
Item Number: 2.

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Eagles Sports Park Pre-Bid Questions
Addendum No.4

1. Mandatory remedial over—excavation to depths of 5 feet minimum per the Geotechnical Report, which materially increases export beyond the listed Final Pay quantity of 8,480 CY.

Response: Page 13 ot the Geotechnical Report has the recommended methods necessary to construct the facilities including the requirement for 5‘ minimum over excavation for structural elements and 3' adequate compaction below the foundations. There is no mandatory remedial over-excavation required in nonstructural areas other than the site preparation measures listed under Grading, Section 8.3 which do not require export.

2. Drainage system revisions in Addendum #1 requiring 12" and l5" HDPE not included in the bid schedule. Should we get the revised bid schedule to show the correct information?
Response: Revised bid schedule has correct 12" HDPEnoted.

3. There are no details for offsite improvements by others.

Response: See attached plans tor Eagles Sports Park Street Improvements which was awarded on October 7, 2025.
5W% .

Item Number: 2.

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PUBLIC WORKS CONSTRUCTION AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS
AND
___________________
THIS PUBLIC WORKS CONSTRUCTION AGREEMENT (“Agreement”) is made and entered into this 2nd day of December, 2025, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as "City," and _______________, a corporation, hereinafter referred to as "Contractor."

RECITALS
WHEREAS, the City desires to retain Contractor, on an independent contractor basis, to perform [INSERT BRIEF DESCRIPTION OF SERVICES] as more particularly described below; and
WHEREAS, Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND

RELEASES CONTAINED HEREIN, AND FOR OTHER GOOD AND VALUABLE

CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. Incorporation by Reference
The foregoing recitals are hereby expressly made a part of this Agreement as though fully set forth herein.

2. Project Information.
 Location: Eagles Sports Park, 65810 Hacienda Avenue, Desert Hot Springs, CA 92240, as depicted in Contractor’s proposal dated ___________, 20___, and attached hereto and incorporated herein as Exhibit “A” (“Scope of Services” or sometimes “Project”). In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.

Item Number: 2.

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 Project description, including significant materials to be used and equipment to be installed: constructing the sports park, football and baseball fields, playground area, shade structures, landscape, grading, asphalt, concrete, decomposed granite, storm drain, sewer, electrical, striping improvements, in the City of Desert Hot Springs, California, as set forth in the Scope of Services.  License classification applicable to Project: _______________  Approximate start date: ___________________
 Approximate completion date: _______________
 Substantial completion of work evidenced by: Inspection and approval by City Staff.
 It is expressly agreed that except for extensions of time duly granted by the City, in writing, time shall be of the essence.

3. Contractor Information
 Address: _________________
 License Number: ____________

4. Insurance Coverage
a. Contractor shall procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial general liability insurance of not less than One Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss or damage resulting from the wrongful or negligent acts by the Contractor or its officers, employees, servants, volunteers and agents and independent contractors. Contractor shall provide insurance on an occurrence, not claims-made basis. Contractor acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess insurance, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. b. Contractor shall further procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability insurance covering personal injury and property damage, of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, and Two Million Dollars in the aggregate ($2,000,000), covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers and agents and independent contractors in performing the services required by this Agreement.

Item Number: 2.

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c. Unless Contractor has no employees and is exempt from worker’s compensation requirements, Contractor shall further procure and maintain at its expense, until completion of performance and acceptance by the City, workers' compensation insurance providing coverage as required by the California State Workers' Compensation Law. If any class of employees employed by the Contractor pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City. Contractor agrees to waive its statutory immunity under any workers’ compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Project to do the same.

Worker’s Compensation Insurance:
 Contractor has no employees and is exempt from workers’ compensation requirements.

 Contractor carries workers’ compensation insurance for all employees. d. All policies required by this section shall be secured from insurers authorized to do business in the State of California with an “A” policyholder’s rating or better and a financial rating of at least Class VII, in accordance with the current Best’s Ratings.
e. Contractor agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Contractor enters into contracts or whom Contractor hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement. 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.
f. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Contractor agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Contractor agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the Project, Contractor shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature Item Number: 2.

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attributable to the City, and/or their officers, employees, servants, volunteers, agents and independent contractors.

5. Insurance Documentation
a. Contractor shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Contractor shall ensure that the most current certification of insurance shall be delivered to the City at all times until completion of performance and acceptance by the City.
b. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the comprehensive general liability and commercial vehicle liability policies shall bear endorsements whereby it is provided that the City, and its officers, employees, servants, volunteers, agents and independent contractors are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
c. Contractor shall require the carriers of all required insurance policies to waive all rights of subrogation against the City, and their officers, employees, servants, volunteers, agents and independent contractors.

d. Each policy required herein must be endorsed to provide that the policy shall not be cancelled or non-renewed by either party, or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with at least thirty (30) days prior written notice of said cancellation, non-renewal, or reduction, with the exception that only ten (10) days prior written notice shall be required in the event of cancellation for nonpayment of premium.
e. All insurance policies required to be provided by Contractor or any other party must be endorsed to provide that the policies shall apply on a primary and noncontributing basis in relation to any insurance or self-insurance, primary or excess, maintained or available to the City, and their officers, employees, servants, volunteers, agents and independent contractors.

6. Security
a. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a payment bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “B,” in an amount equal to _________________Dollars and No Cents ($_________), as security of the payment of all persons performing labor and furnishing materials in connection with this Item Number: 2.

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Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating. b. Contractor shall, concurrently with the execution hereof and to the extent not already completed, furnish a performance bond at no expense to the City, in substantially the same form as that attached hereto and made part hereof as Exhibit “C,” or deposit an amount with the City equal to _____________________Dollars and No Cents ($_________), as security for the faithful performance of this Agreement. To be acceptable, the surety company must be authorized to do business and have an agent for service of process in California, be on the accredited list of the United States Treasury Department, and have an "A" policyholder's rating and a financial rating of Class V, or better, in accordance with the current Best's Rating.
c. The surety on any and all bonds and the form thereof shall be satisfactory to the City Attorney.

7. Compensation; Payments
a. Contractor shall be paid compensation not to exceed _________________ Dollars and No Cents ($_________) for the services rendered by Contractor pursuant to this Agreement, including profit, labor and materials.
b. Contractor shall invoice the City for the performance of the services under this Agreement in the amount agreed upon by the parties herein. Subject to the retention provisions below, Contractor shall be paid the amount specified in the invoice within 30 days of receipt by the City, provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement.
c. Pursuant to Public Contract Code section 9203, the City shall retain no less than five percent of the compensation to be paid to Contractor which shall be released to the Contractor no later than sixty (60) days from the date of the City's acceptance of the work pursuant to this Agreement.

8. Extra Work and Change Orders
Extra work and change orders shall become a part of this Agreement once the extra work or change order is approved in writing and signed by the City and Contractor, prior to the commencement of any extra work or change in work covered by the change order. The City’s form change order shall be used for both extra work and a change in work. The change order must describe the scope of the extra work or change in work, and the cost to be added or subtracted from this Agreement. The City shall not require Contractor to perform any extra work or a change in work without written authorization.

Item Number: 2.

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A change order shall not be enforceable against the City unless the change order complies with this provision.

9. Term
Contractor will perform the services set forth in the Scope of Services and in any approved change orders pursuant to section 1 of this Agreement, the term of which shall commence as of December 2, 2025, and shall expire one year following the City's acceptance of the work pursuant to this Agreement.

10. Independent Contractor
Contractor shall at all times during the term of this Agreement perform the services described in this Agreement as an independent contractor, and hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors.

11. Civil Code Section 1542 Waiver
a. Contractor expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
b. This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (CalPERS) that are only afforded to employees and not independent contractors. Contractor further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
_____
Initials

12. Acceptance of Work
Acceptance of the work shall be by action of the City Council or its designee.

Neither the acceptance nor prior inspections or failure to inspect shall constitute a waiver by the City of any defects in the work. From and after acceptance, the work shall be owned and operated by the City. As a condition to acceptance, Contractor shall certify to Item Number: 2.

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the City in writing that all of the work has been performed in strict conformity with this Agreement and that all costs have been paid, satisfactory to the City, guaranteeing such performance.

13. Warranty
a. In addition to Contractor's other obligations under this Agreement, Contractor warrants all work and materials to be of good quality and fit for the purpose and intended use. Contractor shall also repair, replace and restore any other work which is displaced in correcting defective work as well as other portions of the work which the City by reason of such defects reasonably suspects may also be defective. In the event of a failure to commence with the compliance of above-mentioned conditions within seven calendar days after being notified in writing or failure to diligently pursue such compliance to completion, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of Contractor who hereby agrees to pay the cost and charges therefor immediately on demand.
b. If, in the opinion of the City, nonconforming work creates a dangerous condition or requires immediate correction or repair to prevent further loss to the City or to prevent interruption of operations, the City shall attempt to give the Contractor notice.

If Contractor cannot be contacted or does not comply with the City’s request for correction within a reasonable time as determined by the City, the City may proceed to make such correction or provide such repair. The costs of such correction or repair shall be charged against Contractor, who agrees to make payment for said costs upon demand. Corrective action by the City will not relieve Contractor or Contractor's sureties or insurers of the guarantees and indemnities of this Agreement.
c. This section does not in any way limit the City’s remedies available under the law, or the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer or supplier gives a longer guarantee period. Contractor agrees to act as a co-guarantor with such manufacturer or supplier and shall furnish the City all appropriate guarantees or warranty certificates upon completion of the project. No manufacturer's guarantee period shall in any way limit the liability of Contractor or Contractor's sureties and insurers under the indemnity or insurance provisions of this Agreement.

14. Indemnification
a. To the furthest extent allowed by law including California Civil Code section 2782, Contractor shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time and property damage) incurred by City, Contractor, or any other person, and from any and all claims, demands Item Number: 2.

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and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this Contract.

Contractor’s obligations under the preceding sentence shall apply regardless of whether City or any of its officers, officials, employees, agents or volunteers are passively negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused by the active or sole negligence, or the willful misconduct, of City or any of its officers, officials, employees, agents or volunteers.

If Contractor should subcontract all or any portion of the work to be performed under this Contract, Contractor shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Contract.

15. Default
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.

b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings.

16. Licenses, Certifications and Permits
Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement.

Item Number: 2.

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17. Labor Laws, Prevailing Wages
a. All work or services performed within the State of California pursuant to this Agreement by Contractor, Contractor’s employees and independent contractors, or Contractor’s subcontractors and its subcontractors’ employees and independent contractors shall be performed by individuals lawfully permitted to perform such work or services in the State of California and/or the United States of America pursuant to all applicable State and/or Federal labor laws, rules and regulations including, but not limited to, any State or Federal law, rule or regulation prohibiting the employment of undocumented workers or any other person not lawfully permitted to perform said work or services in the State of California or the United States of America. b. Contractor represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Contractor shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
c. Contractor and all of Contractor’s subcontractors, if any, shall pay each employee engaged in all applicable trades or occupation not less than the prevailing hourly wage rate for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In accordance with the provisions of Section 1770 of the California Labor Code (“Labor Code”), the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Labor Code Section 1773.8, apprenticeship or other training programs authorized by Labor Code Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the California Department of Industrial Relations’ Internet website at http://www.dir.ca.gov/dlsr/PWD/index.htm and are on file at City Hall, as provided in Section 1773.2 of the Labor Code. Said rates shall be posted at the Project site where work is to be performed, in accordance with Labor Code Section 1773.2. Contractor shall access a copy of the wage rate determination and shall make all subcontractors, if any, aware of the determination. As the wage determination for each craft reflects an expiration date, it shall be the Contractor’s responsibility to ensure that the prevailing wage rates of concern are current and paid. Subject to the safe harbor provisions of Labor Code Section 1775, Contractor shall forfeit to the City an amount not to exceed two hundred dollars ($200) for each calendar day or portion thereof, as set by the Labor Commissioner in accordance with the terms of Labor Code section 1775, for each laborer, workmen or mechanics employed that is paid less than the general Item Number: 2.

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prevailing rate of wages herein referred to and stipulated for any work done under the proposed contract, by him, or by any subcontractor under him, in violation of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 inclusive.

Contractor and any and all or its subcontractors shall forfeit to the City twenty-five dollars ($25) for each worker employed in the performance of this Agreement for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Section 1813 of the Labor Code.
d. Contractor and all subcontractors hired to perform any work under the Project shall keep accurate payroll records, including the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker, in accordance with Section 1776 of the Labor Code. Payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) or in a manner containing the same information as the forms provided by the DLSE. Failure to comply with the above may result in monetary penalties to the Contractor or affected subcontractor. Payroll records shall be verified by written declaration made under penalty of perjury, that the information contained in the records is true and correct. Contractor and any and all subcontractors shall make a certified copy of all payroll records available for inspection by DLSE, the City or any member of the public and otherwise provide certified copies of such records to any of the foregoing within ten (10) days of Contractor’s and subcontractor’s receipt of written request therefor. Failure to comply with the above may result in monetary penalties, in accordance with Labor Code Section 1776(d) and (h).
e. Notwithstanding anything else to the contrary, Contractor hereby acknowledges that all contractors must be registered with the Department of Industrial Relations (“Department”) pursuant to Labor Code Section 1725.5 in order to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract, including this Agreement, that is subject to the payment of prevailing wages. Contractor represents and warrants that Contractor is registered with the Department in the manner prescribed by the Department and has paid the requisite application fee, as required by Labor Code Section 1725.5. Moreover, prior to Contractor entering into any contracts with any subcontractor, Contractor shall obtain proof that all such subcontractors have also registered with the Department in accordance with Section 1725.5.

18. Notices
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

Item Number: 2.

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To the City: Daniel Porras, Deputy City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: 760-329-6411 x109
E-Mail: [email protected]
To Contractor: ____________________
____________________
____________________
____________________
____________________
____________________
____________________
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

19. General Conditions
a. Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
b. Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law. c. Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party. d. Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California. e. Litigation Expenses and Attorneys Fees. In the event any action, suit or Item Number: 2.

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proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
g. Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Contractor. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding. h. Conflicts of Interest. Contractor covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Contractor’s services under this Agreement. In the event the City officially determines that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Contractor shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City.
i. Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 2.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS
_____________________________
Daniel Porras, Deputy City Manager
_____________________________
Doria Wilms, City Manager

ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
_____________________________
Jennifer Mizrahi, City Attorney
_____________________________
_____________________________
Name, Title
Item Number: 2.

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EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED PROPOSAL
DATED _____________
Item Number: 2.

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EXHIBIT “B”

PAYMENT BOND
We, , as Principal, and
, as Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) and those for whose benefit this bond insures in the sum of ___________________________ U.S. Dollars and No Cents ($_________). CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal. If Principal or any of Principal's contractors or subcontractors, fails to pay any of the persons named in Section 9000 et seq. of the California Civil Code employed in the performance of the agreement for materials furnished or for labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then Surety shall pay the same in an amount not exceeding the sum specified above, and also shall pay, in case suit is brought upon this bond, such reasonable attorneys' fees as shall be fixed by the court.

Surety agrees that it shall pay the amounts due the persons above named and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement.

If Surety fails to perform within the times specified in the agreement, Surety shall promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement. Principal and Surety agree that any payment by Surety pursuant to this paragraph should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligation herein and shall be deemed proper payment as between Principal and Surety.

This bond shall insure to the benefit of any and all of the persons named in Section 9000 et seq. of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder, or the plans and specifications, or any matters unknown to Surety which might affect Surety's risk, shall in any way affect its obligation on this bond, and it does hereby waive notice thereof.

Principal and Surety agree that should CITY become a party to any action on this bond, that each will also pay CITY'S reasonable attorneys' fees incurred therein in addition to the above sums.

Item Number: 2.

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Executed this _____________ day of __________________, 20___.

Seal of Corporation By______________________________
Authorized Representative of Principal
Title_____________________________
(ATTACH ACKNOWLEDGEMENT) By______________________________ Authorized Representative of Principal
Title_____________________________
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( ) _____________________________ Surety Company
_________________________ _____________________________ Name Street Number
_________________________ _____________________________ Street Number City and State
_________________________ _____________________________ City and State Telephone Number
_________________________ _____________________________ Telephone Number
By_____________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
( ) _____________________________
Company Agent
______________________________
Street Number
APPROVED AS TO FORM: ______________________________
City and State
________________________ ______________________________ City Attorney
Furnish the name, address and phone number of the company agent as well as the surety company.

Sureties must be authorized to do business in and have an agent for service of process in California and be on the accredited list of the United States Treasury Department (their bonds will be limited to such amounts as would be acceptable to the Treasury Department), and otherwise meet the requirements of the agreement.

Item Number: 2.

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EXHIBIT “C”

PERFORMANCE BOND
We, , as
Principal, and , as
Surety, jointly and severally, firmly bind ourselves, our heirs, representatives, successors and assigns, as set forth herein, to the City of Desert Hot Springs (“CITY”) for payment of the penal sum of _________________________________ U.S. Dollars and No Cents ($________). CITY and Principal have entered into an agreement, or are about to enter into the agreement attached hereto and incorporated by reference, for the construction of improvements for the property referenced in said agreement. Surety herein approves of the terms and conditions of said agreement and binds itself to faithfully perform the obligations of Principal therein if Principal fails to so perform. Surety acknowledges that the agreement herein referenced shall be that document as executed by CITY and Principal.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall in all things stand to and abide by, and well and truly keep and perform all of the covenants, conditions, and provisions in said agreement, and any alteration thereof made as therein provided, on Principal's part to be kept and performed at the time and in the manner therein specified, and shall indemnify and save harmless the CITY, CITY’S engineer, and their consultants, and each of their officials, directors, officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

Surety agrees that should it fail to take over and diligently perform the agreement upon Principal's default after notice and within the time specified in the agreement, Surety will promptly on demand deposit with CITY such amount as CITY may reasonably estimate as the cost of completing all of Principal's obligations. Surety's obligation for payment herein shall extend, notwithstanding any controversy between Principal and CITY regarding Principal's failure under the agreement should be conclusively presumed between the parties herein to relieve, as demanded, Surety's obligations herein and shall be deemed proper payment as between Principal and Surety.

Surety agrees that no change, extension of time, alteration, or addition to the terms of the agreement, or the work to be performed thereunder or the plans and specifications, or any matters unknown to Surety which may affect Surety's risk shall in any wise affect its obligation on this bond, and it does thereby waive notice thereof.

Principal and Surety agree that if the CITY is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay CITY'S reasonable attorneys' fees incurred, with or without suit, in addition to the above sum.

Item Number: 2.

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Executed this day of , 20___.

Seal of Corporation
By____________________________________
Authorized Representative of Principal
Title__________________________________
By____________________________________
Authorized Representative of Principal
Title__________________________________
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVES)
Any claims under this bond may be addressed to: (check one) Surety's agent for service
of process in California: ( )____________________________________ Surety Company
_________________________ ____________________________________ Name Street Number
_________________________ ____________________________________ Street Number City and State
_________________________ ____________________________________ City and State Telephone Number
_________________________ ____________________________________ Telephone Number
By____________________________________
Attorney in Fact or other
Representative
(ATTACH ACKNOWLEDGEMENT OF AUTHORIZED REPRESENTATIVE)
()____________________________________
Company Agent
____________________________________
Street Number
APPROVED AS TO FORM: ____________________________________ City and State
________________________ ____________________________________ City Attorney Telephone
Furnish the name, address and phone number of the company agent as well as the surety company.

Item Number: 2.

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Item Number: 2.

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Item Number: 2.

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Item Number: 2.

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Date: December 1, 2025
To: City Clerk / Public Works Department City of Desert Hot Springs 11999 Palm Drive Desert Hot Springs, CA 92240
Re: Supplemental Bid Protest – Eagles Sports Park Project Subject: Supplemental Protest Regarding Bids Submitted by Three Peaks Corp. (1st Low) and MDB General Engineering, Inc. (2nd Low)
ZECO, INC.

22765 SAVI RANCH PKWY, UNIT F
YORBA LINDA, CA 92887
844-932-6462
www.Zeco-inc.com
[email protected]
Union Signatory | Member of Southern
California Contractors Association
CSLB:1031463
A | B| D21| C13 | C27
DIR: 2000004820
To the Awarding Authority:

Zeco, Inc. submits this supplemental protest to our formal protest dated November 24, 2025. After further review of Three Peaks Corp.’s (“Three Peaks”) Bidder’s Proposal and bid schedule line items, it is clear that the scopes of work they did not properly sublet represent approximately sixteen percent of their total bid amount.

These are major, stand-alone specialty trades that cannot legally be self-performed under a Class A license. This additional information is submitted to ensure the City has a complete and accurate record regarding Three Peaks’ licensing deficiencies and resulting nonresponsiveness under Public Contract Code (“PCC”) §§ 4104–4106.

Three Peaks’ bid schedule shows approximately $853,000 in landscaping and irrigation work (about ten percent of their $8,560,000 bid) and approximately $495,226 in fencing (about six percent). These scopes include extensive planting, sod installation, irrigation networks, and over 1,200 linear feet of fencing. They are separately specified in the project’s Technical Specifications and are fundamental elements of the project. A combined value of roughly $1.38 million—more than sixteen percent of the entire contract— cannot reasonably be considered incidental to Class A engineering work. By failing to list subcontractors for these substantial portions of work, Three Peaks represents—under PCC § 4106—that it intends to self-perform these portions. Because Three Peaks does not hold the C-27 Landscaping or C-13 Fencing classifications, it cannot lawfully self-perform these scopes, rendering the bid non-responsive.

Three Peaks’ CSLB license (No. 941528) includes Class A (General Engineering), Class B (General Building), C-10 (Electrical), and C33 (Painting), but not the classifications required for landscaping or fencing.

Item Number: 2.

Page 89 of 122 ends

While Business & Professions Code (“BPC”) § 7056 references “parks, playgrounds, and other recreational works,” CSLB’s licensing scheme distinguishes engineering work from specialty trades. Under BPC §§ 7058–7059 and 16 CCR § 831, a
contractor may only self-perform work outside its classification when that work is incidental and supplemental to its licensed operations.

The landscaping and fencing work reflected in bid schedule are not engineering tasks, are not essential to completing engineering scope, and are instead large, distinct specialty trades defined by CSLB’s C27 and C-13 classifications. Because these trades comprise sixteen percent of the bid, they fall well outside the incidental exception and must be subcontracted to properly licensed contractors. Three Peaks’ failure to list such subcontractors for any portion of this work therefore violates PCC §§ 4104–4106 and creates the potential for post-bid subcontractor shopping, which the Subletting and Subcontracting Fair Practices Act was enacted to prevent.

In addition, all other arguments set forth in our original November 24, 2025 bid protest remain unchanged. The issues identified regarding MDB General Engineering, Inc.’s defective bid package—including its omission of the required Affidavit for Corporate Bidder—remain fully asserted and are incorporated herein without modification.

Zeco respectfully maintains its position in the original protest and supplemental filing.

Sincerely,
Amin Nazarinia
Item Number: 2.

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lllllllil
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Certified Mail: 9589 0710 5270 2101 678918
Via [email protected], [email protected], dporras©cityofdhs.org Attn: Jesus Lopez
CC: Three Peaks Corp
34247 Yucaipa Blvd, Ste 1
Yucaipa, CA 92399
Attn: Erik Simmons
Certified Mail: 7021 0350 0001 6805 6110
Via email to erik©threepeakscorpcom
CC: Zeco, Inc.
22765 Savi Ranch Pkwy, Unit F
Yorba Linda, CA 92887
Attn: Amin Nazarinia
Certified Mail: 9589 0710 5270 2101 6789 49
RE: Bid Protest for Eagle Sports Park Project — Bid Date November 24, 2025 Protesting Bid Submitted by Three Peaks Corp
December 1, 2025
Mr. Lopez,
MDBGeneral Engineering, Inc. (“MDB") is submitting this bid protest for the bid submitted by Three Peaks Corp (“TPC") for the Eagle Sports Park Project which bid on November 24, 2025. TPC is not a qualified bidder, nor is their bid responsive, based on the facts that 1)TPC is not an ICPI certified paving installers as required by the specifications and is therefore not qualified to perform this work, 2) TPC did not list or provide DIR #‘s for listed subcontractors in violation of the specification and Public Contract Code requirements, and 3) TPC did not list the portion of work for each subcontractor in violation ofthe specification requirements.

MDB General Engineering, Inc.

Corporate Of?ce www.wearemdb.com Regional Of?ce
444 West C Street CSLB# 1054408 22601 La Palma Ave, Ste 103 San Diego, CA92101 Yorba Linda, CA92887
Phone: 619-7323900 Phone: 949-296—8335
Item Number: 2.

Page 100 of 122 ends

TPC does not possess a current ICPI Installation Certificate, as required by the specifications. Per technical specification 31 .3-D-2 Installer Qualifications, installer must possess a current ICPI Installation Certificate. (Copy of the relevant specification section is attached for reference.)
TPC does not possess a current ICPI Installation Certificate and did not list a subcontractor who possesses an ICPI Installation Certification. I have attached a list of all ICPI Installers in California, and TPC is not on the list. Ihave also provided the search resultwhen searching for TPC on the list of certified installers, and no results were found.

MDBlisted EBS for this work, and EBS is on the list and therefore possesses a current ICPI Installation Certificate.

Because TPC does not possess a current ICPI Installation Certificate, nor did TPC list a subcontractor who possesses a current ICPI Installation Certificate, as required in the specifications, TPC is not a qualified bidder. This is not a technical or minor defect that can be waived by the City. Because TPC is not a qualified bidder, the bid, as submitted, is not responsive and must be rejected as a matter of law.

TPC did not list or provide DIR #‘s for listed subcontractors in violation of the specifications and public contract code.

Per the specification requirements, “(e)ach bidder shall submit a list of the proposed subcontractors on this project as required by Subletting and Subcontracting Fair Practices Act (Gov. Code Sec. 4100 and following)” The extracted specification requirement for Listing Subcontractors is attached for reference.

Per Gov. Code Sec. 4104:
(A)ny person making a bid or offer to perform work, shall, in his or her bid or offer, set forth:
(a) (1) The name, the location of the place of business, the California contractors license number, and public works contractor registration number of each subcontractor who will perform work... (emphasis added)
TCP failed to provide public works contractor registration numbers for ill listed subcontractors. By failing to include the public works contractor registration numbers for all subcontractors, TCP has failed to comply with the specifications, the Subletting and Subcontractor Fair Practices Act, and Government Code Section 4104, and their bid is therefore non-responsive. Bids submitted in violation of Item Number: 2.

Page 101 of 122 ends

Government Code Section 4104 must be rejected by law and are not subject to Agency discretion. Therefore, this bid must be deemed as non response.

TPC did not list the portion of work for each subcontractor in violation of the specification requirements. The form requires the description and portion of work to be performed by each subcontractor. TPC provided a description of work but did not provide the portion of work to be performed by each subcontractor. By failing to provide the portion of work provided by each subcontractor, TPC has failed to comply with the bid requirements, and their bid is therefore non-responsive.

Because TPC’s bid is neither responsive nor qualified based on the facts that 1) TPC is not a certified paving installers as required by the specifications and therefore not a qualified bidder, 2) TPC did not list or provide DIR#’s for listed subcontractors in violation of the specification and Public Contract Code requirements, and 3) TPC did not list the portion of work for each subcontractor in violation of the specification requirements, we respectfully request that the City reject TPC’s bid and award this project to the lowest responsive and qualified bidder, which is MDB General Engineering, Inc.

Should the City choose not to reject TPC’s bid and award this project to MDB, as the lowest responsive and qualified bidder, then MDB is questing a hearing before the City, prior to award of the project.

Please use our Corporate address of 444 West C Street, Ste 220, San Diego, CA 92101 for any further correspondence regarding this issue. You can also email correspondence to myself at [email protected].

Thank you,
UAW
Courtney Statham
President
Item Number: 2.

Page 102 of 122 ends

31.2 31.3
Related Documents: The Conditions of the Contract and Division 1 apply to this section as fully as if repeated herein.

Related Sections:

1. Section 201 of the Standard Speci?cations

2. Section 200-2 of the Standard Specifications
Related Work:

1. Preparation of sub—base.

2. Installation of concrete paving.

3. Installation of Class IIBase.

References
The editions of the specifications and standards referenced herein, published by the following organizations, apply to the concrete pavers only to the extent specified by the reference. Refer to Section 1 for information concerning availability and use of references.

1. American Society of Testing and Materials (ASTM)

2. Interlocking Concrete Pavement Institute (ICPI)

3. State of California, Department of Transportation, Standard Specifications
Submittals
Samples: Submit representative full—sizesamples of pavers of specified colors, patterns and sizes.

Product Data: Submit copies of manufacturer's catalog cuts and speci?cations of the complete list of materials to be installed.

Submittal procedures and quantities are specified in Division 1.

Quality Assurance:

1. Materials Manufacturer Qualifications: Obtain precast concrete pavers from single manufacturer with not less than 5 years of successful experience using single layer production methods, multilayer production is not acceptable.

2. Installer Qualifications: A firmwhich has specialized in installation of precast concrete pavers for not less than 3 ears and which is acceitable to manufacturer of iavers. _

3. The Landscape Architect reserves the right to take and analyze samples of materials for conformance with speci?cations at any time. 119
Item Number: 2.

Page 103 of 122 ends

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Page 104 of 122 ends

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Page 105 of 122 ends

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Item Number: 2.

Page 106 of 122 ends

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Page 107 of 122 ends

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Item Number: 2.

Page 108 of 122 ends

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Page 109 of 122 ends

The procedure and time limits set forth in this Section are mandatory and are the bidder‘s sole and exclusive remedy in the event of a Bid Protest. The bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue the Bid Protest, including filing of a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to formal award of the bid. The City shall not be required to hold an administrative hearing to consider a timely protest, but may do so at the option of the Engineer, or if othen/vise legally required. At the time of the City Council’s consideration of the award of the bid, the City Council shall also consider the merits of any timely protests and the Engineer's recommendation thereon. The City Council may either accept the protest and award the bid to the next lowest responsible bidder, or reject the protest and award to the lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

AWARD AND EXECUTION OF CONTRACT:

COMPARISON OF BID PROPOSALS AND AWARD OF CONTRACT: After the bid proposals for the contemplated work have been opened and read as provided herein, the respective totals thereof, determined by applying the unit prices bid to the estimated quantities shown, will be extended and compared; and the results willthereupon be made public.

The award of the contract, ifitshould be awarded, will be made to the lowest responsive and responsible bidder whose bid proposal complies with all the prescribed requirements, but until an award is made the right will be reserved to reject any or all bid proposals, and to waive technical errors or discrepancies, ifto do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility qualifications and responsive of the bidder to whom it is proposed to make such award.

EXECUTION OF CONTRACT: The agreement shall be signed by the awardees and returned to the Agency together with the contract bonds, and other contract documents as required in the Special Provisions, within ten (10) days after it has been delivered or mailed to him or his authorized agent.

No bid proposal shall be considered as being binding upon the Agency until the contract is fully executed; and failure of the awardees to properly execute the awarded contract and file acceptable bonds as provided in the Standard Specifications, shall be just and sufficient cause for the annulment of the award by the Agency and the forfeiture of his bid proposal guaranty.

LISTING SUBCONTRACTORS: '
Item Number: 2.

Page 110 of 122 ends

Forms for this purpose are furnished
with the contract documents.

WORKER'S COMPENSATION: In accordance with the provisions of Section 3700 of the Labor Code, the Contractor shall secure the payment of compensation to his employees. The Contractor shall sign and ?le with the Agency the following certificate prior to performing the work under this contract: “I am aware of the provisions of Section 3700 of the Labor Code which require compensation or to undertake self-insurance in accordance with the provisions of that code, and Iwillcomply with such provisions before commencing the performance of the work of this contract." BID DEPOSIT RETURN: Deposits of three or more low bidders on each alternate, the number being at the discretion of the Agency, will be held for sixty days or until posting by the successful bidder of the Bonds required and return of executed copies of the Agreement, whichever first occurs, at which time the deposits will be required after consideration of the bids.
“OR EQUAL”: Pursuant to Division 5, Chapter 4, Article 4 (commencing at #4380) Government Code, all specifications shall be deemed to include the words “or equal," provided however that permissible exceptions hereto shall be specifically noted in the specifications.

EMPLOYMENT OF APPRENTICES: The Contractor, and all subcontractors, shall comply with the provisions in Sections 1777-5, (Chapter 1411, Statutes of 1968), and 1777.6 of the California Labor Code concerning the employment of apprentices. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code section, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. In addition to the above State Labor Code Requirements regarding the employment of apprentices and trainees, the Contractor and all subcontractors shall comply with Sections 5 a. 3, Title 29 of the Code of Federal Regulations (ZQCFR).

EVIDENCE OF RESPONSIBILITY: Upon the request of the AGENCY, a bidder whose bid proposal is under consideration for the award of the contract shall submit promptly to the AGENCY satisfactory evidence showing the bidder's ?nancial resources, his construction experience, and his organization and plant facilities available for the performance of the contract.

PERMITS FEES AND LICENSES: The Contractor shall possess valid business licenses for the City of Desert Hot Springs prior to the issuance of the first payment made under this contract.

The Contractor must also secure a “No Fee” permit from the Engineering Department of the City of Desert Hot Springs.

Item Number: 2.

Page 111 of 122 ends

i1/25/25, '2:51PM California Public Contract Code § 4104 (2024) :: 2024 California Code :: U.S. Codes and Statutes :1 U.S. Law ::Justia ‘
Go to Previous Versions of this Section V ‘
2024 California Code
Public Contract Code - PCC
DIVISION 2 - GENERAL PROVISIONS
PART 1 - ADMINISTRATIVE

PROVISIONS
CHAPTER 4
- Subletting and
Subcontracting
Section 4104.

Universal Citation:

CA Pub Cont Code § 4104 (2024) O
< Previous Next >
4104. Any of?cer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the speci?cations prepared for the work or improvement or in the general conditions under whichbids willbe received forthe doing of the work incident to the public work or improvement that— (a) (1) The name, the location of the place of business, the California contractor license number, and—
—h0 will perform work or labor or render
service to the prime contractor in or about the construction of the work or improvement, or https:l/Iew.justia.com/codes/calilornia/code-pcc/division-2/part-1/chapter~4lsection-4104/ 1/2 Item Number: 2.

Page 112 of 122 ends

J11/25/25,.2:51 PM CaliforniaPublic Contract Code § 4104 (2024) :2 2024 California Code :: U.S. Codes and Statutes :: US. Law ::Justia a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and speci?cations, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offersfor the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. (2) An inadvertent error in listing the California contractor license number or public works contractor registration number provided pursuant to paragraph (1) shall not be grounds for ?ling a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor Within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor. (3) (A) Subject to subparagraph (B), any information requested by the of?cer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the of?cer, department, board, or commission for receipt of bids by prime contractors. (B) A state or local agency may implement subparagraph (A) at its option. (b) The portion of the work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is de?ned by the prime contractor in his or her bid.
(Amended by Stats. 2017, Ch.28, Sec. 90. (SB 96) E?ective June 27, 2017.) < Previous Next >
Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check of?cial sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. htlpszlllawjustia.comlcodeslcalifornialcode»pccldivision-2/pari—1lchapter~4lsection~4104l 2/ Item Number: 2.

Page 113 of 122 ends

ESTIMATED UNIT EXTENDED
ITEMNO. DESCRIPTION UNIT QUANTITY PRICES AMOUNT
n Monument Sign -:—- s2800° 0°
Poured InPlaceH Concrete
n In?eldClay Mix(4") a"
Connectionfor Water Meter1-1/2“Service (MSWDto $4, 300 oo 53 500 00 InstallActual Meter)
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n Trasn Receptac'es ?-
"
RUbberized surfacn‘g an“ 342560-00
Play Equlpment with
Integrated Shade Sall
(lnoludlngDraln Inlet and Line 5150'000 00 5150'000 00
per Detail E, Sheet L1.4)
Cantllever Shade Structures
w, Fabdc _ BleaChers ?—- 366.000.00
Concrete Baseball! Football
Netting with Post (50' H)! $540 00
Footings :—S‘orage Bunding L-—-
Item Number: 2.

Page 114 of 122 ends

W
In compliance with the provisions of the Public Contract Code Section 4102, the undersigned bidder herewith sets forth the name and location of the place of business of each subcontractor who will perform work or labor or render service to the General Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the General Contractor's total bid, and the portion of the work which will be done by each subcontractor.

Specific Description of SubName Under Which Sub- License Address of Office Contract Work and Portion of Contractor is Licensed Number Millor Shop the Work
P0 130%M
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if the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform the work with his own crews. (Alternative subcontractors for the same work are prohibited by provisions of theCalifornia Government Code.) NOV-l ?; ’i—WVmF/g grace/4
Igna ure
Dated
Item Number: 2.

Page 115 of 122 ends

From: Gus Garcia <[email protected]>
Sent: Tuesday, December 2, 2025 9:18 AM
To: Tim Jonasson <[email protected]>; Raul Arauz <[email protected]>; Daniel Porras <[email protected]>; Jerryl Soriano <[email protected]>; Jesus Lopez <[email protected]>
Subject: Bid Compliance Advisory – Eagles Sports Park Project

CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe.

Thank you.

Dear Procurement StaƯ,
The Center for Contract Compliance (CCC) has completed a review of the publicly available bid documents, CSLB classifications, and Workers’ Compensation records for the three lowest bidders on the Eagles Sports Park Project. This advisory provides a neutral compliance analysis intended to support the City’s due diligence prior to award. CCC does not make determinations on bid responsiveness. Our role is to highlight regulatory considerations that may require clarification to ensure compliance with CSLB licensing requirements, the Subletting and Subcontracting Fair Practices Act, and Workers’ Compensation statutes.

Key Compliance Issue: Non-Uniform Treatment of Specialty Trade Work Although all three lowest bidders hold the Class A General Engineering license, this project includes substantial landscaping, irrigation, fencing, electrical, sewer, and building components that extend beyond the typical Class A scope.

During review, CCC observed meaningful diƯerences in how bidders approached these specialty items. Some bidders designated subcontractors to cover specialty trades, while others appeared to rely solely on Class A classification for self-performance even though significant specialty-trade values were included in their bid schedules. One bidder possesses specialty classifications that allow legal self-performance; others do not.

These inconsistencies create a material bid imbalance. Before award, the City should clarify whether these specialty scopes required listing at bid time, whether they may be legally self-performed by a Class A contractor, and whether omissions trigger material concerns under Public Contract Code sections 4104–4106. Addressing these issues now Item Number: 2.

Page 116 of 122 ends

helps prevent pricing inequities, improper self-performance, and post-award substitution disputes.

Workers’ Compensation Classification Review
The Workers’ Compensation classifications among the bidders vary significantly. Certain bidders carry only engineering- and excavation-related WC codes without coverage for landscaping, fencing, irrigation, electrical, or building work. Others exhibit notable policy volatility, including short-duration policies and transitions between insurers or employeeleasing arrangements.

These issues do not imply misconduct, but they do raise legitimate questions about whether each bidder holds WC classifications that align with the full range of labor expected on this project. Confirming proper WC classification ensures worker protection, reduces reclassification exposure, and helps the City avoid future liability.

Required Licensing and Trade Coverage
The following table summarizes the trade classifications triggered by the project’s bid item schedule, whether specialty licensing is required, and the compliance risk if not addressed before award:

Classification Required?
Line Items Triggering
Trade
License Needed
or Licensed
Subcontractor
Required?
Risk Factor &
Compliance
Notes
Class A –
General
Engineering
Yes
Items 1–12, 14–23, 26–
43, 55–57, 70–74 (civil,
grading, drainage,
utilities, concrete,
roadway work)
No
These items fall
directly within the
Class A scope.

Coverage is
suƯicient for
earthwork,
drainage, utilities
(non-plumbing),
and concrete
infrastructure.

Item Number: 2.

Page 117 of 122 ends

Classification Required?
Line Items Triggering
Trade
License Needed
or Licensed
Subcontractor
Required?
Risk Factor &
Compliance
Notes
C-27
Landscaping
Yes
Items 33, 72, 116, 117,
118 (turf installation,
mow curbs, landscape
work, irrigation
systems, 90-day
maintenance period)
Yes
Landscaping,
irrigation, and
plant
establishment
must be performed
under a C-27
license to ensure
compliance with
irrigation
specifications,
water
management, and
planting
standards.

C-13 Fencing Yes
Items 74, 75, 76, 77,
78, 79, 80, 81, 82, 83,
98 (tubular steel
fencing,
pedestrian/vehicular
gates, chainlink
systems, netting, fence
foundations)
Yes
Specialty fencing
items require a C13 contractor to
ensure structural
integrity,
fabrication
standards, and
safety compliance.

C-10 Electrical Yes
Items 58, 59, 60, 61,
62, 63, 64, 65, 66, 68,
69 (sports lighting, EV
chargers,
conduit/wiring,
cabinets, switchgear,
power distribution, light
poles)
Yes
Electrical
installation must
be performed by or
under a C-10
contractor to meet
Title 24, NEC, and
electrical safety
standards.

Item Number: 2.

Page 118 of 122 ends

Classification Required?
Line Items Triggering
Trade
License Needed
or Licensed
Subcontractor
Required?
Risk Factor &
Compliance
Notes
Class B –
General
Building
Yes
Items 99, 100,
115 (storage building,
restroom/concession
building, large
prefabricated metal
building)
Yes
Multi-trade
buildings require a
Class B license.

Without proper
building-license
coverage,
structural and lifesafety
requirements may
not be met.

Relevant City Precedent Supporting These Recommendations A recent City review illustrates why these clarifications are essential. In a prior public works project involving median improvements, the City reviewed a bid protest asserting that the apparent low bidder failed to list a required specialty subcontractor for electrical work. The City examined whether the specialty scope exceeded one-half of one percent, whether it triggered a listing requirement under PCC 4104, and whether the bidder held the appropriate CSLB classification to self-perform the work.

Importantly, the City required the bidder to provide a detailed explanation of how specialty work would be performed and by whom before determining that the bid could move forward. This demonstrates the City’s established practice of seeking verification when significant specialty items appear without corresponding subcontractor listings or specialty license coverage.

Because the Eagles Sports Park bid package presents similar questions especially regarding Landscaping, Irrigation, Fencing, Sewer, Electrical, and Building scopes CCC recommends applying the same level of careful review here to ensure consistency with past City practice and state law.

Clarifications Before Award
Item Number: 2.

Page 119 of 122 ends

To support a fair, compliant, and defensible award decision, CCC recommends clarifying:
• Whether Landscaping, Irrigation, Fencing, Sewer, Electrical, and Building work required listing at bid time
• Whether a Class A license allows legal self-performance of these specialty trades on this project
• Whether any undisclosed subcontractor reliance exists for specialty portions of work • Whether each bidder’s Workers' Compensation classifications align with the trades they intend to perform
CCC also recommends consulting CSLB for interpretation of specialty-trade requirements.

For licensing guidance:

Joe Denecochea
Supervising Special Investigator I
CSLB – Quality Assurance Unit
OƯice: (916) 255-1960
Email: [email protected]
Please note that inquiries to CSLB Enforcement may result in the opening of a case. CCC will also be submitting an inquiry to the CSLB to obtain clarification and ensure consistent application of licensing rules for future City procurements.* Conclusion
CCC’s review identified inconsistencies in how bidders addressed major specialty scopes on the Eagles Sports Park Project. These discrepancies create a material bid imbalance and present licensing and Workers’ Compensation questions that merit clarification prior to contract award. While CCC does not make determinations of responsiveness, resolving these issues now will help protect the City, ensure equitable competition, and confirm that all work is performed under the appropriate CSLB classifications and Workers’ Compensation policies.

CCC remains available to assist the City with any subcontractor listing verification, WC classification review, licensing questions, or follow-up documentation the City may require.

Item Number: 2.

Page 120 of 122 ends

Gus Garcia
Senior Investigator
Center for Contract Compliance
1123 Park View Dr, Suite 100
Covina, CA 91724

Cell: 951-201-1063
OƯice: 626-444-8355 Ext. 205
E-Mail: [email protected]
Website: www.socalccc.org
Register for one of
our FREE Prevailing
Wage Webinars HERE
Get notified of future Events and
Training HERE

Item Number: 2.

Page 121 of 122 ends

Date: December 5, 2025
To: City Clerk / Public Works Department City of Desert Hot Springs 11999 Palm Drive Desert Hot Springs, CA 92240
Re: Supplemental Bid Protest-2 – Eagles Sports Park Project Subject: Supplemental Protest Regarding Bids Submitted by Three Peaks Corp. (1st Low) and MDB General Engineering, Inc. (2nd Low)
ZECO, INC.

Zeco, Inc. is in receipt of the correspondence from Three Peaks Corp. regarding the above-referenced project. Zeco does not wish to engage in a repetitive back-and-forth regarding baseless allegations.

However, for the sake of clarity and to assist the City in its final determination, we wish to address two specific items regarding Zeco’s qualifications and compliance.

Three Peaks’ assertions regarding Zeco’s ability to perform the work are factually incorrect. Zeco, Inc. holds valid Class A, Class B, C-13, C-27, and D-21 licenses. We are fully licensed and legally capable of performing all scopes of work required by the bid documents, including the netting, fencing, and structural components mentioned in the correspondence.

Regarding the allegations that Zeco failed to list a certified installer for the playground surfacing scope, there is no violation. The Public Contract Code only requires bidders to list subcontractors who will perform work in excess of one-half of one percent (0.5%) of the prime contractor’s total bid.

The value of the playground installation scope in question is well below the 0.5% threshold of our total bid amount. Therefore, Zeco was not required to list a subcontractor for this portion of the work.

Zeco, Inc. remains in full compliance with all bid requirements. We respect the City’s time and process, and we see no value in continuing to respond to meritless distractions. Zeco will respect the City’s direction and decision regarding this matter..

Sincerely,
Amin Nazarinia
Item Number: 2.

Page 122 of 122 ends

Desert Hot Springs City CouncilDecember 9, 2025

Desert Hot Springs City Council
December 9, 2025