Palm Springs City Council
July 28, 2022

o Policy LU7.1: Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City.
o Policy LU1 2.1: Promote the development of high- quality regional and freeway serving land uses that generate a sense of place and arrival into the City at the interchanges of Gene Autry Drive and Indian Canyon Drive with I-10.
• Compatibility. The project site is located on a Major Thoroughfare, North Indian Canyon Drive, adjacent to the I -10 freeway. The project site is approximately 5.4 acres in size, and it is adequate in size and suitable for the proposed use. The sale of beer and wine as part of an existing retail market as part of a service station will contribute to diversifying products and services the area has to offer to local residents, travelers, and visitors.

The approval of the PCN will add to the attractiveness of the existing travel center.

G. O n June 8, 2022, the Planning Commission found the proposed use met findings necessary to amend an existing Conditional Use Permit, Case 5.1278 CUP, to allow the sale of beer and wine for ff -site consumption and imposed conditions of approval to ensure the use is compatible with the surrounding area, not detrimental to other uses in the surroundings, and protects the public health, safety, and welfare; and

H. O n July 28, 2022, the City Council at a noticed public meeting, considered the PCN application including the staff report and all written and oral testimony provided in conjunction with the application.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

That the public convenience would be served by the issuance of Type 20 (Off Sale General Public Premises) liquor license in conjunction with the retail market as part of a service station and truck stop use located at 6605 North Indian Canyon Drive, Census Tract No. 445.24.

ADOPTED THIS 28TH DAY OF JULY, 2022
.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1K - 9
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 28, 2022, by the following vote:

AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tem Garner, and Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: None

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
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ATTACHMENT #3
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PROJECT DESCRIPTION
APPLICANT: PILOT CALIFORNIA VENTURE, LLC
DBA: FLYING J TRAVEL CENTER
LOCATION: 6605 N. INDIAN CANYON DR.

NORTH PALM SPRINGS, CA 92262
REQUEST: AMENDMENT TO A CONDITIONAL USE PERMIT (CUP) AND

DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO

ALLOW THE ADDITION OF THE SALE OF BEER & WINE FOR OFF-SITE

CONSUMPTION IN CONJUNCTION WITH AN EXISTING PILOT TRAVEL CENTER.
_________________________________________________________________________________ Pursuant to PSZC Section 94.02.00, the applicant Pilot California Venture, LLC is requesting an Amendment to the existing Conditional Use Permit (Case no. 5.1278 CUP) to add the sale of beer & wine for off-site consumption to an operating Flying J Travel Center located at 6605 N. Indian Canyon Dr., North Palm Springs, CA 92262.

Case no. 5.1278 CUP was approved in 2012 allowing the operation of an automobile service station (gas) and truck stop. That part of the operation will remain as it is; no change is proposed under the subject application.

The applicant has also applied to the Dept. of ABC for a Type #20 License to allow the beer & wine sales. The project is located within Census Tract 445.24. Based on population, the Dept. of ABC has allocated 1 off-site license to this tract. However, there are currently 7 off-site licenses issued in the tract, therefore a Determination of Public Convenience or Necessity (PCN) has been added to our application made to the City of Palm Springs.

PROJECT
The existing Flying J Travel Center is located on a site that consists of three contiguous, generally flat parcels (APN# 666-430-015,016,017) totaling approximately 5.4 acres. The site is located on the northwest corner of the intersection of Indian Canyon Dr. and Garnet Ave., in close proximity to Interstate Highway 10. Vehicular access to the business is via cutouts to both Indian Canyon Dr. and Garnet Ave. Business operations on the site include both gasoline and diesel fueling stations, a retail market, travel services and a small restaurant within an existing 11,273 sf building. The actual retail sales floor area is 2,978 sf. The market will offer a large selection of food, beverages, snacks, sundries, auto supplies, etc. The travel center offers services for professional drivers including showers and laundry facilities. Flying J Travel Centers operate 24 hours a day, which includes both fueling stations, the retail market and travel center services. The proposed sale of beer & wine for off-site consumption will abide by Dept of ABC guidelines and occur between the hours of 6:00 am to 2:00 am daily. Beer & wine display area will be 125 sf, which amounts to only 4.2% of the sales floor. The operation employs 25-30 people, which will remain constant should the subject application be granted.

APPLICANT
Pilot started in 1958 with a single gas station in Gate City, Virginia. James A. Haslam II wanted to build a business to support his growing family and to provide people with the gas and conveniences they need while on the road.

In 1981, with 100 locations, Pilot opened its first full-size travel center in Corbin, Kentucky. Pilot has since grown to become the largest operator of travel centers in North America with more than 750 locations in 44 states and six Canadian provinces. Headquartered in Knoxville, Tennessee, the company now employs more than 28,000 1 Item 1K - 12
people with more than 7 billion gallons of fuel sold annually. Pilot Flying J serves more than 1.6 million guests a day and is committed to connecting people and places with comfort, care and a smile at every stop. Pilot prides itself on fostering a culture of trust, integrity and respect while working together to get results. Pilot team members are supported by an active leadership team, mentoring programs, professional development classes and a collaborative work environment. They proudly offer competitive weekly pay, 401(k), paid time off, parental leave, comprehensive medical plans and wellness programs to fuel the growth and future of their team members during their journey with Pilot. From the beginning, Pilot has worked to instill a spirit of community and philanthropy into our company. They pride themselves on giving back by supporting causes that are important to their business and communities served. Pilot encourages their team members to be active in their communities, whether that is volunteering or being there to serve first responders after a natural disaster. They are dedicated to fueling life's journeys and helping their people thrive – whether that is serving motorists and professional drivers, delivering fuel, giving back to their communities, or supporting a team member's career aspirations. Pilot strives to fulfill this mission with intent to make a better day for their team members and guests.

Each Flying J Travel Center offers an extensive menu of freshly prepared food items. PJ Fresh Marketplace provides high-quality meals and grab-and-go food options, most of which are prepared in-store daily. Our fast-casual dining offers a wide variety of delicious meals and snacks, whether you're looking to get back on the road or sit down and stay awhile. It all began with an appetite for something fresh. Drivers were hungry for a travel center that served homestyle food options, made from the freshest ingredients. They offer a variety of delicious, fresh food offerings, including pizza, soup, salads, homestyle meals, breakfast options and more. This is in addition to a large selection of pre-prepared food items, packaged snacks, cold beverages, a small selection of sundries, auto parts useful to travelers and professional drivers, souvenirs, etc. Whether you’re in the market for a relaxing sit down meal, or simply some quality food to grab-and-go, PJ Fresh Marketplace is the fast-casual restaurant where you can count on fresh food waiting for you. Included in the items for sale at this location will be beer & wine for off-site consumption, which is a standard at all Flying J Travel Centers. Based on the business plan and their other locations, beer & wine sales will not be a significant part of the business, but simply meant as an additional amenity for those patrons already visiting the store. The overall sales floor of the market is 2,978 sf.

The area for beer & wine display totals 125 sf, which is only 4.2% of the sales floor. Proposed hours of beer & wine sales will follow state guidelines, 6:00am to 2:00am daily.

The issuance of a license would not tend to create a law enforcement problem nor increase the level of crime activity. Pilot stores have an excellent record of compliance with each state’s alcohol regulation agency including CA’s Dept of ABC. This standard is achieved with a high degree of responsibility and conscientiousness. They use a variety of security strategies to ensure the safety of their employees, customers and security of the merchandise. Pilot uses comprehensive, state-approved computer-based alcohol training for all new store clerks.

Pilot’s program is based on an established alcohol retailer responsibilities course which includes a pretest, multiple subject chapters and a final exam. Each clerk is required to complete and pass this training prior to running a register. The course trains and tests on state law requirements, penalties, proper selling techniques, acceptable forms of ID, and detecting a problem with any of the above. Some of the key points include:
● The store could lose its license with a violation of Dept of ABC rules ● The employee could be charged with a crime for making a problematic sale ● The employee could be subject to a fine or community service for making a problematic sale ● Beware of attempted purchases by underage patrons
● Do not “guess” a patrons age, request an ID.
● Review each ID carefully, be aware of false ID’s
● No sales to intoxicated persons
2 Item 1K - 13
Pilot also understands the importance of maintaining the appearance of a facility both for properly serving their patrons and preventing undesirable activity, and they take great pride in the overall appearance and safety of their locations. Each Pilot location has a property maintenance program to ensure the entire facility remains clean and safe. All locations include adequate interior and exterior lighting to help maintain that safe environment and facilitate employee supervision of the facility. While the sale of beer & wine is not a major component of the business, Pilot recognizes the seriousness of loitering, delinquency, crime and underage drinking, and is committed to taking all necessary steps to address any concerns law enforcement may have about the site.

The issuance of a license would provide a service to the community. The market provides a menu of freshly prepared meals, pre-packaged snacks, a selection of sundries, automotive supplies and a large selection of beverages including beer & wine. By providing patrons with a more complete choice of products at a single location, the public convenience of the area will be served. Otherwise a patron may be obliged to travel to a range of retail outlets in order to complete their shopping needs. Pilot customers expect a well stocked retail operation.

Limiting this market’s ability to offer a full range of items including beer & wine would prove an inconvenience for both the local and traveling communities, as well as limit this business’s ability to compete fairly with other retailers in the area.

Pilot TravelCenters is an established, reputable operator that has an excellent record of compliance regarding beer & wine sales throughout the country. The sale of beer and wine for off-site consumption is not expected to be a large part of their business, but as an incidental product to the large selection of goods and services offered at any Pilot location. Their decision to offer beer and wine is in response to consumer demand. Pilot’s patrons appreciate a convenient one-stop shopping experience where they can purchase a few items quickly, instead of having to visit multiple locations to make their desired purchases. The limited selection of beer and wine will provide a convenience to existing customers and would be a good destination for people who may not feel comfortable visiting a traditional liquor store. The Applicant provides a safe and clean environment for their patrons, and has an excellent record with each state’s Department of Alcoholic Beverage Control. This same responsible approach to the sale of beer & wine will be exercised at this location should the subject determination be approved. Pilot will continue to be a positive and contributing member of the Palm Springs community and would appreciate your support of their request.
3 Item 1K - 14

ATTACHMENT #4
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Item 1K - 16
Item 1K - 17

ATTACHMENT #5
Item 1K - 18
RESOLUTION NO. 6916

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF PALM SPRINGS, CALIFORNIA , APPROVING AN

AMENDMENT TO A N EXISTING CONDITIONAL USE
PERMIT (CUP) NO. 5.1278 -CUP TO ALLOW THE SALE OF

BEER & WINE FOR OFF- SITE CONSUMPTION AT A N

EXISTING CONVENIENCE STORE OF AN AUTOMOBIL E
SERVICE STATION AND TRUCK STOP LOCATED AT 6605
NORTH INDIAN CANYON DRIVE , ZONE HC. ( CASE NO

5.1278-CUP)

THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:

A. Pilot Travel Center, LLC, (“ Applicant”) has file d an application to amend an existing Conditional Use Permit with the City pursuant to Section 94.0 2.00 of the Palm Springs Zoning Code (PSZC) to allow the sale of beer of and wine for off -site consumption as an ancillary use to a retail market as part of a service station and truck stop located at 6605 North Indian Canyon Drive, Zone HC, Section 15, APN#: 666-430- 016.

B. T he subject parcel is Highway Commercial ( HC) which permits food and beverage sal es with the approval of a Conditional Us e Pe rmit and sales of beer and wine for off-site consumption, pursuant to Section 94.02.00 of the Palm Springs Zoning Code.

C. N otice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1278, a Conditional Use Permit (CUP), was given in accordance with applicable law.

D. On June 8, 2022, a public hearing on the application was held by the Planning Commission in accordance with applicable law.

E. The proposed project is considered a “project” pursuant t o the terms of the California Environmental Quality Act (“CEQA”), a nd has been determined to be Categorically Exempt as a Class I exemption ( Existing Facilities ) pursuant to Section 15301 of the CEQA Guidelines; and

F. T he Planning Commission has careful ly r eviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented.

G. In accordance with Section 94.02.00(B)(6) of the Zoning Code relative to a Conditional Use Permit, the Planning Commission finds as follows:

Item 1K - 19
Planning Commission Resolution No. 6916 June 8, 2022
Case 5.1278-CUP – 6605 N. Indian Canyon Drive Page 2 of 3

1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.

Pursuant to PSZC Section 92.14.1.01(D)(3), automobile service stations and truck stops including accessory or secondary non-automotive commercial uses are permitted in this zone subject to a conditional use permit (CUP). The proposed amendment of the CUP to sell beer and wine is consistent with the 25% limit criteria in Section 93.23.01(k) of the Palm Springs Zoning Code.

2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general pl an and is not detr imental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.

Located in the Highway Commercial land use category in the northern part of the City and adjacent to the I -10 freeway, the proposed sale of beer and wine sale for off-site consumption as an ancillary use to the main service station and retail market will be consistent with other service-oriented land uses found in the City and similar uses close to the highways. The a ddition of beer and wine sales will be desirable as an added source of revenue generation to the City ’s general fund. The proposed use is harmonious with the objectives of the Regional Business Center by focusing on servicing residents and mostly travelers, visitors and tourists along the freeway corridor and north Palm Springs. With the Conditions of Approval stated in Exhibit A of this report, the addition of beer and wine sales for off- site consumption will not create detrimental effects on the site and its vicinity.

3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.

The subject site was developed in 1993 and operated as a fueling service station for many years. The newly renovated Wendy’s restaurant and retail market equaling 1,278- square feet within the larger Travel Center conforms to the development standards of the HC zone in terms of setbacks and building height. The retail space is adequate for the sale of beer and wine, beverage sales , ice -cream stand, food items and auto accessories. The beer and wine display area will occupy approximately 125-square feet of the store which amounts to roughly 4.2% of the total sales area of the store. The existing parking lot provides adequate off -street parking including the drive -through stacking; therefore, the finding has been met.

4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.

Item 1K - 20
Planning Commission Resolution No. 6916 June 8, 2022
Case 5.1278-CUP – 6605 N. Indian Canyon Drive Page 3 of 3

The project site is located at the corner of North Indian Canyon Drive which is a designated Major Thoroughfare as identified in the Circulation Element of the Palm Springs General Plan and the intersecti ng Garnet Avenue. Both streets provide access to the corner site. The existing auto fuel pumps, retail market and restaurant are well integrated, and the site circulation provides good access to adjacent streets.

The impact of the proposed sale of beer and wine for off -site consum ption as an ancillary use to the retail market will not have a significant effect on adjacent streets.

5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.

Conditions of Approval will be imposed to ensure that the health, safety, and welfare of the public will not be adversely affected by the proposed off -premises consumption of alcohol as part of a retail store. The conditions, which are stated in Exhibit A, include the limitation of display area, the restriction to off-site consumption and video surveillance.

THE PLANNING COMMISSION RESOLVES:

That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. B ased upon the foregoing, the Planning Commission hereby approves Case No. 5.1278, a Conditional Use Permit (CUP) to allow the sales of beer and wine as an ancillary use to a retail store as part of an existing convenience store of a service station and truck stop located at 6605 North Indian Canyon Drive, subject to the conditions set forth in the attached Exhibit A.

ADOPTED this 8
th day of June, 2022.

AYES: AYLAIAN, ERVIN, MILLER, MORUZZI, WEREMIUK
ABSENT: HIRSCHBEIN, ROBERTS

ATTEST: CITY OF PALM SPRINGS, CALIFORNIA

_________________________________
David Newell, AICP
Assistant Director of Planning Services
Item 1K - 21

ATTACHMENT #6
Item 1K - 22

DRIVE-THRU
STOP
440'
230'
580.75"
662.75 '
⇒
N

PROJECT SITE

PILOT FLYING J TRAVEL CENTER
6605 N. INDIAN CANYON DR.

PALM SPRINGS, CA 92262
APN: 666-430-015,016,017
ZONE: HC - HIGHWAY COMMERCIAL
GP: RBC - REGIONAL BUSINESS CENTER
SECTION/TOWNSHIP/RANGE: 15/3/4
SITE AREA: APPROX. 5.4 ACRES
BUILDING AREA: 11,273 sf

ON SITE PARKING
PASSENGER VEHICLES: 58 SPACES
TRUCK PARKING: 52 SPACES
Item 1K - 23

PROJECT SITE

PILOT FLYING J TRAVEL CENTER
6605 N. INDIAN CANYON DR.

PALM SPRINGS, CA 92262
APN: 666-430-015,016,017
ZONE: HC - HIGHWAY COMMERCIAL
GP: RBC - REGIONAL BUSINESS CENTER
SECTION/TOWNSHIP/RANGE: 15/3/4
SITE AREA: APPROX. 5.4 ACRES
BUILDING AREA: 11,273 sf

ON SITE PARKING
PASSENGER VEHICLES: 58 SPACES
TRUCK PARKING: 52 SPACES
⇒
N
SCALE: 1/4" = 1'-0"
Item 1K - 24
AT
TACHMENT #7
Item 1K - 25
Item 1K - 26
Item 1K - 27

CITY COUNCIL STAFF REPORT
07/28/2022   1. L.

City Clerk -

SUBJECT
APPROVE PROFESSIONAL SERVICE AGREEMENT NO. A9173 WITH
ARCHITECTURAL RESOURCES GROUP, INC. FOR PLAZA THEATRE DESIGN

SERVICES
RECOMMENDATION:

Approve Professional Service Agreement No. A9173 – Plaza Theatre Design Services – with Architectural Resources Group, Inc., in the amount of $1,047,994.

1. Authorize the City Manager or his designee to execute all necessary documents.2.

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: July 28, 2022 CONSENT CALENDAR
SUBJECT: APPROVE PROFESSIONAL SERVICE AGREEMENT NO. A9173 WITH ARCHITECTURAL RESOURCES GROUP, INC. FOR PLAZA THEATRE

DESIGN SERVICES
FROM: Justin Clifton, City Manager
BY: Assistant City Manager
SUMMARY:

Appr
oval of a Professional Services Agreement with Architectural Resources Group, Inc., a California Corporation, for Plaza Theatre Design Services, City Project 18- 04. These services will provide all phases of design and construction administration for th e renovation of the City’s historic Plaza Theatre.

RECOMMENDATION:

1. Appr
ove Professional Service Agreement No. A9173 – Plaza Theatre Design Services – with Architectural Resources Group, Inc., in the amount of $1,047,994. (Attachment A)

2. Authorize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Ac
cording to the Public Integrity Disclosure Form ( Attachment B) and the Statement of Information filed with the California Secretary of State, Architectural Resources Group is registered in the State of California. The Officers are Naomi Mirolio, David Wessel and Maya Foty.

BACKGROUND:

Locat
ed at 128 South Palm Canyon Drive, the Plaza Theatre opened in 1936. The Theatre was commissioned by heiress Julia Carnell and designed by lead architect Harry Williams. Its atmospheric design hearkens to grand movie palaces, while its Spanish Colonial Revival exterior was typical of many buildings of the era in Palm Springs. In 1991, the Theatre was designated City of Palm Springs class 1 historic site #22. While the Palm Item 1L - 1
City Council Staff Report
July 28, 2022 - Page 2
Approve Agreement A9173 – Plaza Theatre Design Services

Springs Follies ran for 23 years, the Theatre has sat primarily empty since 2014. The City of Palm Springs owns the Theatre and is working in conjunction with the Palm Springs Plaza Theatre Foundation, a 501(c)(3), to restore the Theatre.

STAFF ANALYSIS:

In 2018, the City of Palm Springs commissioned Gensler to perform a feasibility study and concept design package to rehabilitate the Plaza Theatre , however, the project did not progress forward at that time. This concept package will now be used as the basis of design for the restoration and renovation of the Theatre.

The Assistant City Manager, Engineering and Procurement and Contracting Departments collaborated with the Theat re’s Foundation Board to develop a Request for Proposals (RFP) to complete the design and construction administration of the renovation. The RFP was advertised in the local paper and issued on June 14, 2022.

A preproposal conference was held at the Plaza Theatre on June 21, 2022, and nine firms were present for the conference and on-site tour. On July 6, 2022, seven proposals were received from architectural firms and were evaluated by committee members made up of City Staff from the Engineering and Planning Departments , and members from the Foundation. Proposals were reviewed against the published criteria in the RFP, which included the firms experience, th e staff experience, the understanding of the scope of work, local preference, and price. Two proposers ranked the highest after the proposal and cost scores were completed, so interviews were conducted with these two firms and their presentations and responses to questions during the interview were scored by the Evaluation Committee against the same published criteria. Architectural Resources Group was the highest scoring firm at the completion of the process and is being recommended for award for the contract.

Architectural Resources Group has completed a number of theater and other historic projects of similar scope to the Plaza Theatre. Architectural Resources Group also has a great deal of experience in the area of historical restoration and has an Architectural Conservator on board who will be instrumental in the restoration of the Plaza Theatre.

The design is anticipated to take approximately eight months to complete, with construction anticipated to begin in the spring of 2023. It is projected that the work will take approximately one year to complete, allowing the Theatre to open around the Spring of 2024.

ENVIRONMENTAL ASSESSMENT:

Approval of the proposed agreement does not represent a "project" for the purposes of the California Environmental Quality Act (CEQA) as defined by CEQA guidelines (Guidelines) section 15378; the agreement is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section Item 1L - 2
City Council Staff Report
July 28, 2022 - Page 3
Approve Agreement A9173 – Plaza Theatre Design Services

15378(b)(5) of the Guidelines. The Plaza Theatre improvements will be evaluated under CEQA as a “project” when the Historic Site Preservation Board considers the pro posed site and building improvements at a future date as required under Historic Preservation Ordinance, Chapter 8.05 of the Municipal Code.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 3A – Community Infrastructure, Improve City Facilities. The Theatre is a public building that has been out of commission for some time.

These improvements will provide updates to the building that will allow it to be used by the public once again as a movie theater, performance and meeting space.

FISCAL IMPACT:

The estimated cost for the professional services to complete the design and perform construction administration is $1,047,994. Funding of this professional services contract is available in Plaza Theatre Account 1002545-70040.

REVIEWED BY:

Procurement and Contracting Manager: Kim Baker
Director of Engineering: Joel Montalvo
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton

ATTACHMENTS:

A. Contract Service Agreement No. A9173 with Architectural Resources Group B. Public Integrity Disclosure
Item 1L - 3
55575.18165\40408532.1

PRO
FESSIONAL SERVICES AGREEMENT A9173
PLAZA THEATER DESIGN SERVICES PROJECT 18-04
THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) is entered into, and effective on August 1, 2022, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and Architectural Resource s Group, Inc., a California Corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a Designer , for The Plaza Theater Restoration Project 18-04 (“Project”).

Consultant has submitted to City a proposal to provide Design Services, to City under the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Consultant to provide such professional services.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents . The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Item 1L - 4
55575.18165\40408532.1

Consultant’s Proposal, which are bot h attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which s hall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2 nd) the provisions of the City’s Request for Proposal; (3 rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law . Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement.

Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement.

Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

1.5 Familiarity with Work . By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

If th e Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work . Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties . Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to Item 1L - 5
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execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by alter ing, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.

2. COMPENSATION

2.1 Maximum Contract Amount . For the Services rendered under thi s Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of $1,047,994 ("Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time -consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Scope of Services. If the City’s Maximum Contract Amount is reached before the Consultant’s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice.

The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty- five (45) days af ter receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

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2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and di ligently the Work of this Agreement according to the agreed upon attached Schedule of Performance ( Exhibit “B”), incorporated herein by this reference . Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence th e Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in th e Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The ti me for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. Af ter Consultant notification, the Contract Officer shall investigate the facts Item 1L - 7
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and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of two years, commencing on August 1, 2022, and ending on July 31, 202 4, unless extended by mutual written agreement of the Parties. However, the term shall not exceed two years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above.

3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for t ermination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

4. COORDINATION OF WORK

4.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Katie Horak, Principal. It is expressly understood that the experience, knowledge, educati on, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer . The Contract Offi cer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be m ade by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments . The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial Item 1L - 8
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inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.

Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City.

Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. N o approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

4.4 Independent Consultant . The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.

A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control.

Neither City nor any of its officers, employees, or agents shall h ave control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement.

Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, sala ries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ c ompensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not Item 1L - 9
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be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection

1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements .

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirement s on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project and i f the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable.

This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procur e and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determin es that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The Item 1L - 10
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minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two- million dollars ($2,000,000.00) annual aggrega te, in accordance with the provisions of this section.

(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.

(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.

(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation i nsurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

C. Commercial General Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for Item 1L - 11
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bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect thr oughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shal l include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self -insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Requirements . The following provisions shall apply to the insurance policies required of Consultant under this Agreement:

A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to th e City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant ’s insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual Item 1L - 12
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liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or invol ved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with t he requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non- compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.

H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expirati on. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features or limit s contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or pr ovision conflicts with or impair the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City Item 1L - 13
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assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to req uire Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Ver
ification of Insurance cover age may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non- contributory over any insurance or self - insurance the City may have..." (" as respects City of Palm Springs Contract No.___" or " for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

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D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits , claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, error s or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

7. REPORTS AND RECORDS

7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

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Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges tha t the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased o r decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents . All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of t he documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all i ts subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.

7.4 Release of Documents. All draw ings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

All information ga ined by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, r ecords, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearl y identify and make such items readily accessible to such Item 1L - 16
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parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreeme nt shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of th is Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure it s default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event th at the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.5.

B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.

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8.4 Waiver . No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

8.5 Rights and Remedies Cumulative . 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 or any other default by the other Party.

8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor -in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its succe ssor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest . Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consu ltant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Item 1L - 18
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9.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to Ci ty’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement . To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:

A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for t he defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's al teration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

Item 1L - 19
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10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upo n the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty -eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text messages, and instant messages are not acceptable manners of notice required hereunder.

Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahqui tz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

To Consultant: Architectural Resource Group
360 E. 2 nd Street, Suite 225
Los Angeles, CA 90012
Attention: Katie Horak, Principal
Telephone: (626) 583-1401
Facsimile: __________________

10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or Item 1L - 20
55575.18165\40408532.1

invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.6 Third Party Beneficiary . Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

10.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

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

[SIGNATURES ON NEXT PAGE]
Item 1L - 21
55575.18165\40408532.1

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC.

IN
WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APP
ROVED BY CITY COUNCIL:

Date: _______ Item No.

APP
ROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1L - 22
55575.18165\40408532.1

EXHIBIT “A”

SCOPE OF SERVICES

1.1 Background:

A. Located at 128 South Palm Canyon Drive, the Plaza Theatre opened in 1936. The theater was commissioned by heiress Julia Carnell and designed by lead architect Harry Williams. Its atmospheric design hearkens to grand movie palaces, while its Spanish Colonial Revival exterior was typical of many buildings of the era in Palm Springs. In 1991, the theater was designated City of Palm Springs class 1 historic site #22. While the Palm Springs Follies ran for 23 years, the theatre has sat primarily empty since 2014. The City of Palm Springs owns the Theatre and is working in conjunction with the Palm Springs Plaza Theater Foundation, a 501c3 to restore the Theatre.

B. In 2018, the City of Palm Springs commissioned Gensler to perform a feasibility study and concept design package to rehabilitate the Plaza Theatre. This concept package will be used as the basis of design for the restoration and renovation of the theatre. The work should follow the Secretary of the Interior’s Standards for the Treatment of Historic Sites. Significant character defining features shall be retained and restored, while contributing character-defining features may have some flexibility for intervention. Non -contributing features such as restrooms and dressing rooms have great flexibility in their design approach. Please refer to the concept package for further information that has been included as part of this scope of work. Please note that there is a Revit model for the full building from the Gensler package.

Additionally, the full original drawing sets for both architectural and structural scope are available.

C. The Consultant will work directly with the City and the Plaza Theatre team, led by the Board of the Palm Springs Plaza Theatre Foundation and including any consultants or owner’s reps hired by either the Board or the City. The Consultant will also collaborate with the Historic Site Preservation Board.

1.2 Scope:

A. The Consultant will restore the Plaza Theatre based on the existing historical drawings, while overhauling all infrastructure and systems and renovating non- character-defining spaces to bring them to modern standards. The Plaza Theatre will be used for live performance (concerts, cabaret, plays, musicals, dance), film screenings, community meetings, lecture series, and the like. Architectural design should take into account all possible use scenarios.

B. The Consultant will provide services from schematic design through completed construction and opening. The Scope of Work includes but is not limited to the following major components:

1. Architectural design from schematic design through construction administration, including but not limited to structural, mechanical, electrical, plumbing, lighting, acoustics, historic consulting, and the like. Both theatre consulting and AV consulting will be contracted direct to the Board of the Foundation. There will be one coordinated set of drawings produced in each phase, including architectural, all architectural subconsultants, and Board’s consultants.

Item 1L - 23
55575.18165\40408532.1

2. Schematic Design (SD) deliverables to include renderings, drawings, written narratives, and basis of design describing all Mechanical Electrical and Plumbing (MEP) and Fire Suppression systems and other specialty systems unique to the project. A schedule and cost estimate is to be included. The Consultant will update the existing Revit as -built as required based on site visits and histor ic drawings. The City and Foundation reserve the rights to use the renderings and drawings for fundraising purposes.

3. Design development (DD) upon approval of the schematic design and cost estimate, prepare deliverables to include renderings, drawings and outline specifications for all disciplines, updated basis of design, MEP design criteria and calculations, schedule, and physical color/finish boards and cost estimates.

4. Construction Document (CD) deliverables prepare 50% and 100% construction packages to include completely coordinated set of drawings and specifications for the Plaza Theatre team to review and comment and to submit for bid.

Deliverables also include updated basis of design, MEP design criteria and calculations, schedule, and furniture plan and specifications. Submit 50% package for initial building permit intake. Make corrections and revisions based on comments. Submit 100% CD package for final permit approval. Prepare draft technical specification at 50% and 100%. Prepare and review final construction document package, with specifications and cost estimate with the City and the Foundation.

5. Final record set (conformance set) will incorporate all review comments and addendum developed from the CD/bid set. This will be a completely coordi nated set of drawings and specifications for construction.

6. Architectural design shall be accessible and inclusive for the needs of all patrons and meet all codes and regulations.

7. Consultant shall attend coordination meetings as needed with members of the City, the Foundation and the Contractor hired to complete the construction.

Meetings will likely be primarily remote, with specific meetings to be held in person.

8. Consultant shall obtain all required permitting through the relevant jurisdictions.

9. Consultant shall assist with the bid process for hiring the Contractor to complete the construction work on the Theater. Such work will include responding to bidder questions, preparing addenda, participating in the prebid meeting, making design modifications to reduce construction costs, and conforming documents.

10. Consultant will provide Construction Administration during construction for oversight of the project to include preconstruction and construction meetings, answering Requests for Information (RFIs), revising documents as needed, resolving change orders in a very timely manner, reviewing submittals and substitution requests, providing quality control and inspection, prepare and review punch lists, review of contractor’s as built drawings, prepare record documents, and any other functions necessary to complete the restoration.

11. Consultant will provide final inspection and turn over to City.

12. The Plaza Theatre Final Report which is the basis for design is incorporated by reference and is part of this scope of work. The link this document is as follows:
181108 Plaza Theatre Final Report R.pdf

Item 1L - 24
55575.18165\40408532.1

1.3 S
chedule:

Work will commence upon issuance of a Notice to Proceed currently planned for early August and all design work shall be completed in six months. The construction of the project is anticipated to be completed by the end of 2023.

1.4 Compensation:

Work will be compensated on a lumpsum basis for design services (broken down by Schematic, Design Development, Construction Documents), bid services and construction administration services as outlined on the pricing sheet. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1L - 25
55575.18165\40408532.1

EXHIBIT “B”

SCHEDULE OF COMPENSATION

Item 1L - 26
ITEM
1 2
3 4
5 ATTACHMENT "F"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 21-22)

PLAZA THEATER DESIGN SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) DESCRIPTION Unit of Measure SUBTOTAL
Schematic Design Lump Sum $187,165
Design Development Lump Sum $176,162
Construction Documents Lump Sum $366,209
Bid Support Lump Sum $39,297
Construction Administration Lump Sum $279,161
Total $1,047,994
Certified by: Katie Horak
Firm Name: Architectural Resources Group
Signature of Authorized Person: ~ 1--/ __ _
Printed Name: Katie Horak ----------------------
Title: Princi al
Date: July 6, 2022
Architectural Resources Group | Plaza Theatre Design Services 43 PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please identify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Of
ficer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Architectural Resources Group
Pier 9, The Embarcadero, Suite 107, San Francisco, CA 94111 California
x
Naomi Miroglio x
x
x
David Wessel
Maya Foty
Item 1L - 27
Architectural Resources Group | Plaza Theatre Design Services 44 7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
B.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
C.

[name of owner/investor]

[percentage of beneficial interest in entity and
name of entity]
D.

[name of owner/investor]

[ percentage of beneficial interest in entity and
name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest i n entity
and name of entity]

I DECL ARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title

Date
Naomi Miroglio
David Wessel
Kathryn Horak
Deborah Cooper
Catherine Vieth; Maya Foty; Lisa
Yergovich; and Matthew Davis

26.09%

20.22%

11.85%

10.76%

9.67%; 9.67%; 6.41%; and 5.33%
Kathleen Climo, Associate 7/1/2022
Item 1L - 28

CITY COUNCIL STAFF REPORT
07/28/2022   1. M.

City Clerk -

SUBJECT

ACCEPTANCE OF THE CITY HALL AND POLICE DEPARTMENT COOLING TOWER REPLACEMENTS, CITY PROJECT 20-22
RECOMMENDATION:

Accept the public works improvement identified as City Hall and Police Department Cooling Tower Replacements, City Project 20-22, as completed in accordance with the contract documents.

1. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the City Hall and Police Department Cooling Tower Replacements, City Project 20-22.

2. Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: July 28, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF THE CITY HALL AND PO LICE DEPARTMENT COOLING TOWER REPLACEMENTS, CITY PROJECT 20-22

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Formal City Council acceptance of the City Hall and Police Department Cooling Tower Replacements, City Project 20- 22, is required to document the completion of the public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as City Hall and Police Department Cooling Tower Replacements, City Project 20-22, as completed in accordance with the contract documents.

2. Authorize the City Engineer to execute and file a Notice of Completion for recordation with the Riverside County Recorder for the City Hall and Police Department Cooling Tower Replacements, City Project 20-22.

BACKGROUND:

On December 10, 2020, the City Council awarded a construction contract to American Cooling Tower, Inc. for the construction of the City Hall and Pol ice Department Cooling Tower Replacements in the amount of $249,969.

On May 27, 2021, the City Council approved Contract Change Order No. 1, in the amount of $36,110 to substitute the galvanized steel with stainless steel t o provide a higher resistance to corrosion and increase the service life of the equipment in desert conditions.

STAFF ANALYSIS:

This project provided for the removal and replacement of the existing HVAC cooling towers at both the City Hall and the Police Department facilities. Construction of this project began in September 2021 , following a period for material acquisition and Item 1M - 1
City Council Staff Report
July 28, 2022 -- Page 2
Accept CP 20-22

fabrication, and continued through June of 2022. Following award of the contract it was determined that the existing galvanized steel water sumps were a contributing factor in the need for replacement. The Director of Maintenance and Facilities requested that the sumps be constructed utilizing stainless steel in an effort to prolong the service life of the new cooling towers. This resulted in the issuance of Change Order No. 1.

Following the installation of the towers, Contract Change Order No. 2 was issued in the amount of $7,963, which compensated the contractor for labor and materials necessary for the installation of additional temperature sensors and ancillary connections to the City’s existing control systems.

The contractor has satisfactorily completed the project in accordance with the contract documents and the project is now complete.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, the City Hall and Police Department Cooling Tower Replacements, City Project No. 20-22, is categorically exempt from CEQA, and a Notice of Exemption has been prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with Cit y Council Priority “Community Infrastructure”, specifically 3A, “Improve City Facilities”.

FISCAL IMPACT:

The original contract amount was $249,969. There were two contract change orders issued totaling $44,073, for a new contract total of $294,042. The City is holding retention funds in the amount of $14,702 , pending the acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The project account will be closed out upon final payment to the Contractor.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

A. Notice of Completion
Item 1M - 2
Attachment A
Item 1M - 3

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
 Completion of the work of improvement as a whole.
 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:

___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Recording Requested By:

When Recorded Mail To:

Item 1M - 4
City of Palm Springs
Monique M. Lomeli, Interim City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Fee
City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 American Cooling Tower, Inc. 3130 W. Harvard St, Santa Ana, CA 92704 ✔
Not Applicable
Not Applicable
24th
June
22 Removal and replacement of existing cooling towers and installation of ancillary components.

Palm Springs
Riverside
City Hall and Police Department buildings
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 and 200 S. Civic Drive, Palm Springs, CA 92262 Not applicable
Joel Montalvo/City Engineer

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner”, “President”, “Authorized Agent”, “Partner”, etc.) of the O
wner identified
in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare und
er penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at ____ ___________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agent
Joel Montalvo/City Engineer
City of Palm Springs

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________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 authorize d 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 PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item 1M - 5
Joel Montalvo
City Engineer
Palm Springs
CA

CITY COUNCIL STAFF REPORT
07/28/2022   1. N.

City Clerk -

SUBJECT

APPROVE A CONTRACT SERVICES AGREEMENT WITH INNOVATIVE

ELECTRONICS DESIGN (IED) SUPPORT SERVICES, LLC FOR THE PAGING AND

PUBLIC NOTIFICATIONS SYSTEM AT THE PALM SPRINGS INTERNATIONAL

AIRPORT
RECOMMENDATION:

Approve a contract service agreement with IED Support Services, LLC in an amount not to exceed $141,685 for a three-year term commencing on August 1, 2022, and ending on July 31, 2025.

1. Authorize the City Manager or his designee to execute all necessary documents.2.

Attachments
Item 1N

CITY COUNCIL STAFF REPORT

DATE: JU LY 28, 2022 CONSENT CALENDAR

SUBJECT: A PPROVE A CONTRACT SERVICES AGREEMENT WITH INNOVATIVE

ELECTRONICS DESIGN ( IED) SUPPORT SERVICES, LLC FOR THE

PAGING AND PUBLIC NOTIFICATIONS SYSTEM AT THE PALM

SPRINGS INTERNATIONAL AIRPORT

FROM: Justin Clifton, City Manager

BY: Department of Aviation

SUMMARY:

This item will approve a contract services agreement with Innovative Electronics Design (IED) Support Services, LLC to provide maintenance, new equipment, software updates and hardware warranties for the AtlasIED GLOBALCOM® system controlling the paging and public safety notifications at the Palm Springs International Airport.

RECOMMENDATION:

1) Approve a contract service agreement with IED Support Services, LLC in an amount not to exceed $141,685 for a three- year term commencing on August 1, 2022, and ending on July 31, 2025, included as Attachment A. 2) Authorize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

IED Support Services, LLC is registered in the state of Kentucky as a Foreign Limited Liability Company, with a principal office located at 9701 Taylorsville Road, Louisvil le, Kentucky, 40299. The officer is Loyd Ivey, and Dick Snider is the General Manager. A copy of the Public Integrity Disclosure Form is included as Attachment B.

BACKGROUND:

The Airport communications system used for paging and public safety notifications was installed in 2015 under Airport Improvement Program ( AIP) Project No. 3-06-0181-052- 2015, following Invitation For Bid ( IFB) 15-15 in conjunction with the Security Access Control System (SACS) and Flight Information Display Systems (FIDS) project. This was presented to and approved by City Council at their meetings of March 18, 2015, (Airport Technology Systems Replacement Project Bid Solicitation) and May 6, 2015, ( Approve Item 1N - 1
City Council Staff Report
July 28, 2022 – Page 2
Service Agreement with IED Support Services, LLC for Airport Paging System

Federal Aviation Administration Grant No. 3-06-0181-052-2015 and Award Construction Contract for Airport Technology Systems Replacement and Security Door Installation Project).

STAFF ANALYSIS:

In 2015, a new paging and notification s ystem was installed at the Palm Springs International Airport. This system, manufactured by AtlasIED with their software product platform GLOBALCOM
® offered added features over the previous system that allowed for customized paging for specific areas, pre-recording of announcements prior to sending, and pre-recorded recurrent messaging during normal airport operating conditions and in the event of emergencies.

The system was integrated i n the existing ACS/FIDS/paging infrastructure, and was installed by certified integration installers Johnson Controls , Inc., and Audio Associates.

Audio Associates subsequently provided on-call service assistance during the initial three-year warranty period and the subsequent two-year option renewals.

Because of the expiration of the Original Equipment Manufacturer (OEM) Limited Warranties and the need for updates , the Airport wishes to enter into a comprehensive maintenance and service agreement. AtlasIED, the manufacturer of the product, utilizes subsidiary, IED Support Services to provide the support for its proprietary products.

In accordance with the City of Palm Springs Municipal Code Section 7.05.020 pertaining to the use of sole sources, IED Support Services owns this proprietary software and hardware that is installed, and it is covered by multiple patents, and therefore qualifies as a sole source purchase. The sole source letter is included as Attachment C. The Airport hereby proposes to enter into an agreement with IED Support Services for a three- year term, in an amount not to exceed $141,685.

IED Support Services, LLC proposes to provide the following scope of work under their Platinum Assurance Plan (PAP) (Exhibit A1 of the Agreement) which includes:

• New equipment (microphone stations and amplifiers) to be installed in year one of the plan.
• Renewal of expired warranties on components in place at PSP, (listed on Exhibit A3 of the Agreement ); service and maintenance for all equipment for the agreement term to run concurrent with the IED current Original Equipment Manufacturer (OEM) Limited warranty.
• Electronic response within one hour, 24 hours a day, seven days a week, through the City VPN. Next day parts replacement.
• Extended software updates , including bu g fixes, patches, services packs, and licensing for the agreement term to run concurrent with the Original Equipment Manufacturer (OEM) Limited warranty.

Airport Staff, in conjunction with IT Staff, recommends entering into this agreement.

Item 1N - 2
City Council Staff Report
July 28, 2022 – Page 3
Service Agreement with IED Support Services, LLC for Airport Paging System

ALIGNMENT WITH STRATEGIC PLANNING:

N/A.

FISCAL IMPACT:

Funds have been budgeted and are available for the current fiscal year 2022-23 for the first year of the contract in Airport Account 4157050.40105. Funds will be budgeted for each subsequent fiscal year based on the contract fees.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

Procurement and Contracting Manager: Kim Baker
City Attorney: Mark Velasquez
City Manager: Justin Clifton

ATTACHMENTS:

A. Contract Services Agreement
B. Public Integrity Disclosure Form
C. Sole Source Letter
Item 1N - 3

ATTACHMENT A

CONTRACT SERVICES AGREEMENT WITH

IED SUPPORT SERVICES, LLC
Item 1N - 4
Revised 2.9.22

CONTRACT SERVICES AGREEMENT A

BY AND BETWEEN THE CITY OF PALM SPRINGS AND

IED SUPPORT SERVICES, LLC

EXTENDED HARDWARE WARRANTY, SOFTWARE UPDATES AND
MAINTENANCE OF THE IED GLOBALCOM® SYSTEM AT THE PALM SPRINGS

INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on August 1, 2022, by and between the City of Palm Springs, a California charter city and municipal c orporation (“City”), and IED SUPPORT SERVICES , a limited liability company , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the ser vices of a n electronics manufacturer and communications technology company to provide maintenance, software updates and hardware warranties for the IED GLOBALCOM® system cont rolling the flow of communications for paging and notifications at the Palm Springs International Airport (“Project”).

B. Contractor has submitted to City a proposal to provid e electronic services to City under the terms of this Agreement.

C. Based on its experience , education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREF ORE, in consideration of the promises and mutual obligations, covenants, and conditions conta ined herein, and other valuable consider ation, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services . In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performan ce and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the le vel of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently pract icing under similar conditions. In the event of any inconsistency between the terms contained in th e Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

Item 1N - 5
Revised 2.9.22

1.2 Compliance with Law . Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, a nd regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits . Contractor shall obtain at its so le cost and expense suc h licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considere d how the Work should b e performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A .” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A” . The total amount of Compensation shall not exceed one h undred forty-one thousand six hundred and eighty-five dollars ($141,685.)

3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month , in th e form approved by Cit y’s finance director . Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, w ithin thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, b ut not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to docu ments, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional s ervices not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

Item 1N - 6
Revised 2.9.22

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Coun cil of City for each fiscal year . If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of perform ance set forth in Exhibit “A .” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be exten ded because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the follo wing: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3 ) orders of governmental authorities (including, without limitation, unreasonable and u nforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restri ctions. For purposes of this section, “orders of governmental authorities,” includes or dinances, emergency proclamations and or ders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if , in the Contr act Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and con clusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoin g, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement s hall continue in full force and effect for a period of three years , commencing on August 1, 2022, and ending on July 31, 2025, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. W here termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter ti me as may be determined by the City . Upon receipt of the notice of terminati on, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for ter mination of Work. If the termination is for cause, the City shall have the Item 1N - 7
Revised 2.9.22
right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action .

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the prin cipal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Richard A. Sn ider, General Manager IED Support Ser vices and IED Warranty . It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agr eement. Therefore, the foregoing principal shall be responsi ble during the term of this Agreement for di recting all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement . The foregoing principal m ay not be changed by Contractor without prior written approva l of the Contract Officer.

5.2 Contract Offi cer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance o f the Services. Contractor shall refer any decisions that must be made by City to th e Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting o r Assignment . The experience, knowledge, education, capability, and reputation of Contractor, it s pr incipals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perfo rm any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisio ns stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any par t of this Agreement by City, Contractor shall be responsi ble to City for the acts and omissions o f i ts subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its e mployees shall have any control over the manner, mode , or means by which Contractor, its agents or employees, p erform the Services required, except as otherwis e specified. Contractor shall perform all required Services as an independent contractor of City and s hall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wa ges, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations r especting Item 1N - 8
Revised 2.9.22
such personnel, including, but not lim ited to: soci al security taxes, income tax withholding, unemployment insurance, and workers’ comp ensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform th e services in this Agreement. Contractor shall not alter the assignment of the foll owing personnel without the prior written approval of the Contract Officer. Acting through the City Manager, t he City shall have the unrestricted right to ord er the remova l of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Richard A. Snider General Manager IED Support Services and IED Warranty

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which requir e the payment of prevailing wage rates a nd the performance of other requirements on certain “public works” and “m aintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an a pplicable “public works” or “maintenance” pr oject, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance o r $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wag e Laws. Contractor shall defend, indemn ify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Preva iling Wage Laws. It shall be mandatory upon t he Contractor and all subcon tractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Co de Sections 1 771, 1774 and 1775), employment of apprentic es (Labor Code Section 1777.5), certified p ayroll records (Labor Code Sections 1771.4 and 1776), hours of labor ( Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (La bor Code Sect ion 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,00 0 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sec tions 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with t he Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subc ontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to com ply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of i nsurance as set forth in the attached Exhibit "B", incorporated herein by reference.

Item 1N - 9
Revised 2.9.22

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and voluntee rs (collectiv ely the “Indemnified Parties”), from and aga inst any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, sett lements, damages, demands, orders, penalties, and expenses including legal costs and a ttorney fees (collectively “Claims”), including but not l imited to Claims arising from injuries to o r d eath of persons (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, p ertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its of ficers, employees , representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Pa rties. Under no circumstances shall the insurance requirements and limits set forth i n this Agreem ent be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/o r hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code sectio n 2782.8, whi ch is fully incorporated herein, Contractor’s indemnification obligation shall be li mited to the extent which the C laims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detaile d accounts of all time, costs, expenses, and e xpenditures pertainin g in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Offic er to evaluate the performance of such Services. The Contract Officer shall have full and free access to such bo oks and records at all reasonable times, including the right to inspect, copy, audit , and make reco rds and transcripts from such records.

8.3 Ownership of Documents . All drawings, s pecifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement Item 1N - 10
Revised 2.9.22
shall be the property of City . Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no cla im for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and m aterials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unr estricted right to use the concepts embodied in such documents.

8.4 Release of Documen ts. All draw ings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not b e released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonab le notice and during the regular busines s hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, do cuments, and activities directly related to Contractor’s performance unde r this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make s uch items readily accessible to such parties during the term of this Agre ement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and inte rpreted both as to validity and to performance of the parties in accordan ce with the laws of the State of California.

Legal actions concerning any dispute, cl aim, or matte r arising out of or in relation to this Agreement shall be instituted in the Superio r C ourt of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agr eement are co ntractual and the result of negotiation betw een the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party , shall not b e employed in the interpretation of this Agr eement. The caption headings of the var ious sections and paragraphs of this Agreement are for convenience and id entification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercis e of any right or remedy of a non - defaulting Party on any default shall i mpair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

Item 1N - 11
Revised 2.9.22

9.4 Rights and Re medies are Cumulative . Except with resp ect to rights and remedies expressly declared to be exclusive in this Agr eement, the rights and remedies of the parties are cumulative . The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the sam e o r d ifferent times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct , or remedy any default, to recover damages for any default, to compel speci fic performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement resu lts in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in additi on to such other relief as may be granted, t o recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liabl e to the Contractor, or any successor -in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employ ee of the City has or shall have any dir ect or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Di scrimination. In connection with its performance under this Agreement, Contractor shall not dis criminate against any employee or applicant for employment because of act ual or perceived race, religion, color, sex, age, marital status, ancestry, national o rigin ( i.e., place of origin, immigration status, cultura l or linguistic characteristics, or ethn icity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor sha ll ensure tha t applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, in cluding but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termin ation; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and fur ther, that Contractor is in full compliance with the provisions of Palm Springs Munici pal Code Item 1N - 12
Revised 2.9.22
Section 7.09.040, including without limitation t he provision of benefits, relating to no n- discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Se ction. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: IED Support Services, LLC
Attn: Richard A. Snider
General Manager IED Support Services and
IED Warranty
9701 Taylorsville Road
Louisville, Kentucky 40299

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreeme nts, representations, and unde rstandings, if any, made by or among the Parties with respect to th e subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever poss ible, each provision of this Agreement s hall b e interpreted in such a manner as to be effective and valid under applicable law . In the event that any one or more of the phrases, sentences, clauses, paragraphs, o r sections contai ned in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Part y Beneficiary . Except as may be expressly p rovided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement Item 1N - 13
Revised 2.9.22
be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledg es and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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

12. FEDERAL PROVISIONS
Since funding for the Goods is prov ided, in whole or in part, by the Federal Av iation Administration, Supplier shall al so fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorpo rated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions an d the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
Item 1N - 14
Revised 2.9.22
SIGNATURE PAGE TO AGREEMENT A________ BY AND BETWEEN THE CITY OF

PALM SPRINGS AND IED SUPPORT SERVICES, LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: ____________________________________ By: _________________________________________ Name: Name:

Title: Title:

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _____________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney Interim City Clerk
APPROVED:

By: ____________________________ Date:

Justin Clifton,
City Manager
Item 1N - 15
Revised 2.9.22
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1N - 16
I E D S u p p o r t S e r v i c e s
9701 Taylorsville Road
Louisville, KY 40299
502.267.7436
Fax: 502.267.9070
Mr. DeCastro, June 27, 2022
The following is the requested, revised (three [3] year term) IED Platinum Assurance Plan (PAP) *overlay, summary proposal for the IED GLOBALCOM system currently serving PSP.

The proposed PAP in based on/assumes the following:
• The IED OEM Limited (three year) Warranty for the AIED systems supporting PSP has expired • THE BOM (Bill of Materials) used for this proposal is based the attached equipment list (Redacted PSP All Sales 2010-2019), and IED quote #21-1912-6014A the contents of which ARE included in this proposal projected to be installed in year one of this plan • Monthly OS Security Updates are offered as an option. Should PSP decline the OS updates, PSP is solely responsible for any audio and/or visual abnormalities resulting from loading OS updates not previously tested, vetted, and validated by IED
• Commence date upon receipt of a PSP PO
• A VPN, and/or other access to IED servers/processors is required to facilitate the 24/7/365 or 8AM-5PM M-F one (1) hour response
• The owner and/or manager of the network on which the referenced AtlasIED system resides, is responsible for that network and for any/all changes/modifications made thereto. Changes /modifications could create PAS abnormalities. If that happens, the network owner/manager is responsible for any/all diagnostics necessary to bring about stability of the PAS. AtlasIED will assist with these diagnostics as prescribed by either/or the prevailing IED OEM Limited Warranty if in effect, and/or the proposed IED Platinum Assurance Plan…see attached “STATEMENT OF END USER NETWORK RESPONSIBILITY”
• This proposal excludes ALL unresolved service, maintenance issues, and assumes that the IED systems serving PSP are in good working order prior to the commencement of this plan • The following pricing is for the current IED GLOBALCOM System. Should PSP add IED systems and /or upgrades in the future, these additional systems/upgrades, after the IED OEM warranty period, after a “Systems Health Check,” and after an approved re-quote to PSP, will be added to the PAP
PSP, will receive the following features NOT available in the IED OEM Limited Warranty:

EXHIBIT A1
Item 1N - 17 11,111,11 I E D®
-
• Extended hardware warranty on out of warranty components, service, and maintenance for the agreement term to run concurrent with the OEM Limited Warranty (See Redacted PSP All Sales 2010-2019”)
• Extended software updates (includes updates [bug fixes/patches/service packs]), and licensing for the agreement term to run concurrent with the OEM Limited Warranty • The content of IED quote 21-1912-6014A
• IED Technical Training (one seat) at the IED training center for PSP technical associates in year one
• Monthly OS Security Updates (optional)
• Priority advance replacement (overnight, if necessary, as determined solely by IED Support Services and such determination will not be unreasonably withheld) • **Unlimited 24/7/365 access to IED remote technical service with one (1) hour response • Access to PRDP message library and updates
• Fixed cost for the agreement term
TERM: We propose a 3-year term (to run concurrent with the term of the IED OEM Limited (three year) Warranty
The cost of the PAP for the proposed IED GLOBALCOM system for PSP:
• Year one…*$45,895
• Year two…$44,395
• Year three …**$51,395

1. *Year one reflects Technical Training and the contents of quote #21-1912-6014A

2. ** Year three reflects a System Health Check
Upon your acceptance of this summary proposal, we will prepare a required AIED Platinum Assurance Plan Agreement for your review and approval.

Cordially,
Dick Snider General Manager IED Support Services
(O) 1-502-267-7436 X1629 (cell) 1-502-541-6014 (fax) 1-502-267-907 [email protected] Item 1N - 18
-

* Overlay references the enhanced PAP features (highlighted above) overlay the IED OEM Limited (three years) Warranty
** Unlimited 24/7/365 remote response is ONLY available via the Platinum /Modified Assurance Plans Item 1N - 19--
21-1912-6014A
Home Office Regional Office:
9701 Taylorsville Road
Louisville, Kentucky 40299
CONTRACTOR:

CONTACT:

CITY, STATE: Palm Springs, CA PHONE:

GCK MSRP-10%, 2019 New pricing EMAIL:

Xituan Shang REP FIRM:

ANNUAL RACK UNIT EXTENDED
ITEM QTY MODEL NUMBER LICENSE SPACES Power PRICE PRICE
1 2
3 4 2 IED1108SND $3,273.30 $6,546.60
5 2 IED0730 $2,400.00 $4,800.00
6 2 IED0595 $4,000.00 $8,000.00
7 2 GCK3.0 * $10,267.20 $20,534.40
8 4 GCK3.0M $943.20 $3,772.80
9 159 HDEPLM $36.00 $5,724.00
10 1 IED0750 $14,975.00 $14,975.00
11 12
13 1 IED0636A2L1 $9,103.50 $9,103.50
14 1 IED0636L-ENG $1.00 $1.00
15 1 IED0636XLIC $550.00 $550.00
16 1 IED0754 $18,000.00 $18,000.00
17 3 IEDFAS-LIC $2,179.80 $6,539.40
18 3 IEDTCASSVR-LIC $2,179.80 $6,539.40
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 TOTALS
TOTAL QUOTE $105,086.10
Subtotal Net $105,086.10
Payment terms 2% 15 Net 30 ($2,101.72)
99 NET $102,984.38
Software Configuration for 591R & 591RU
of Credit may be Required

TERMS AND CONDITIONS COMMENTS & CONDITIONAL TERMS
FOB FACTORY, USA Payment Terms are only valid to Authorized Dealers GLOBALCOM™® GCK Version 3.0 Core Software
Annual Software CobraNet / Dante End Point Service and Upgrade Maintenance • *UNLIMITED 24/7/365 OR 8AM-5PM M-F ONE HOUR REMOTE TECHNICAL RESPONSE • IN DEPTH TECHNICAL TRAINING
of Credit is not Established.
in the Event a Sufficient Line All Invoices are payable in US Dollars *Subject to annual license and maintenance fees equal to 20% of product cost. • ANNUAL ONSITE SYSTEM HEALTH CHECK WITH A WRITTEN/ONLINE REPORT • ACCESS TO IED PDRP LIBRARY
• OVERNIGHT ADVANCE REPLACEMENT
The designs, resulting BoM's, related quotes and drawings, are offered FREE of charge, to AtlasIED partners.

As such; all resulting specifications, are to viewed and utilized as design aids only.

It is intended to be used as a tool for establishing the parameters of a sound systems design. Every effort will be made to ensure the accuracy and reliability of the specification, drawings, bills of material, equipment counts and one line drawings. AtlasIED assumes no liability for any damages caused by inaccuracies in the calculations, predictions, data or documentation, or as a result of the failure of the products described in the documentation to function in a particular manner. AtlasIED makes no warranty, expressed or implied, nor does the fact of the distribution of the specification documents constitute a warranty. It is the responsibility of the Engineer, Consultant or Integrator to make the final judgment, as to the validity and application of the specifications. The depicted service turn-around times are based on business day's only, and are to view as rough estimates, not guaranteed completion dates. All practical efforts will be made to achieve the estimated completion dates. All Rights Reserved. Once we receive a sufficient amount of data, we will commence working on your request.

PROJECT: PSP Upgrade Controllers
10/1/2022
Email Purchase Orders to: [email protected]
ESTIMATOR:
#N/A
SYSTEM:

Ph(502) 267-7436 Fax (502) 267-9070
TCAS and FAS license can be transferable, TTS Engine need to be replaced Trip To Site
Software License - T-CAS ReadSpeaker TTS Voices - A2 One Language T-CAS Courtesy Announcement System Server Software Annual License and Maintenance Fee GLOBALCOM™® GCK Core Software Annual Service and Upgrade Maintenance Software License - TTS ReadSpeaker Voice - English
ReadSpeaker Additional Controller License
Technical Support for Server virtualization
Flight Announcement System Core Software License - Annual License Fee

DESCRIPTION
GCK™ Configuration Per Day
6/27/2022
CobraNet® 8x8 Sound Card
The owner will provide all the servers required (two for GCK and Lifeline), QUOTE REVISION DATE:
0, 0 0
PRICES VALID 90 DAYS FROM: 6/27/2022
CALL FOR MORE INFORMATION 1-502-267-7436 x1629 [email protected]

OPTIONAL PLATINUM ASSURANCE FEATURES NOT INCLUDED IN THE IED OEM LIMITED (THREE YEAR) WARRANTY Mitek/Atlas/IED shall have the right to establish and change credit limits, payment terms and financial requirements from time to time in its sole discretion upon noticed to CUSTOMER.

QUOTE NUMBER:
6/27/2022
DATE OF PRINTING:

QUOTE ORIGINATION DATE:

REQUESTED SHIP DATE:

Upgrade with 3 years license
C:\Sales Documents\Quote System\21-1912-6014_PSP_Upgrade.xlsm EXHIBIT A2

INCLUDED IN

PROPOSAL
Item 1N - 20
[8.Atlaslli•J[0)1
I I I ..... ......

CUST NAME PART # PART DESC INV NO SHIP DATE QTY SHIP COMMENT A AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 22197 8/20/2010 1 PSP AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 24611 10/25/2011 2 PSP AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 24696 11/8/2011 2 PSP AUDIO ASSOCIATES IED500HHCA-10 CORD ASSEMBLY FOR 500HH, 10' 25620 3/29/2012 5 PSP PM-KH AUDIO ASSOCIATES IEDA500HFM-H ACS MIC STA 500 HORIZ FLUSH MT 27993 6/3/2013 2 PSP PM-KH AUDIO ASSOCIATES IEDA500HH ACS HAND HELD MIC 27993 6/3/2013 5 PSP PM-KH AUDIO ASSOCIATES IEDA500D&GT ACS ZONE OUTPUT CARD AND STRIP 29301 2/5/2014 1 PSP 500D PM-KH AUDIO ASSOCIATES IEDA500C ACS MIC INTERFACE CARD 30949 2/2/2015 1 PSP 500C AUDIO ASSOCIATES IEDT9160-UPGRADE UPGRADES 500ACS SYSTEM TO GLOBALCOM 31607 6/26/2015 1 PSP 9160-UPGRADE AUDIO ASSOCIATES IED0540S-2 AMBIENT SENSOR - 2 GANG PLATE 31765 7/27/2015 8 PSP UPGRADES AUDIO ASSOCIATES IED0590KDS COMP SYSTEM KEYBOARD 101 KEY W/LCD SCRN 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IED0591D-CLIENT COMPUTER SYSTEM - CLIENT 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IED0636A2L1 NEOSPEECH TTS ENGINE MED AIRPORT 1 LANG. 31768 7/27/2015 1 PSP UPGRADE SERVICES AUDIO ASSOCIATES IED0636L-ENG SOFTWARE-T-CAS TTS LANUAGE - ENGLISH 31768 7/27/2015 1 PSP UPGRADE SERVICES AUDIO ASSOCIATES IED0678 PRIZM GENERATE - CONTENT GEN FOR FIDS/GI 31768 7/27/2015 12 PSP UPGRADE SERVICES AUDIO ASSOCIATES IED0770 ENGINEERING SERVICES 31768 7/27/2015 1 PSP UPGRADE SERVICES AUDIO ASSOCIATES IED1000LL GLOBALCOM MULTI-ACS LIFELINE SOFTWARE 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IED1000LL-LIC GLOBALCOM MULTI-ACS ANNUAL LIC/MAINT FEE 31768 7/27/2015 2 PSP UPGRADE SERVICES AUDIO ASSOCIATES IED1000VACS GLOBALCOM VACS CORE SOFTWARE 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IED1000VACS-LIC GLOBALCOM VACS SOFTWARE ANNUAL LIC FEE 31768 7/27/2015 2 PSP UPGRADE SERVICES AUDIO ASSOCIATES IED1151SERVER SERVER RAID DUAL PWR 8CH CNET 8G 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IED1151SERVER SERVER RAID DUAL PWR 8CH CNET 8G 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IED1502AI GLOBALCOM IN X 2 31767 7/27/2015 1 PSP UPGRADES PH 2 AUDIO ASSOCIATES IED1522LR MODULE 2 LOGIC/ 2 RELAY 31767 7/27/2015 1 PSP UPGRADES PH 2 AUDIO ASSOCIATES IED900SW8 INTEGRATED KEYBOARD VIDEO SWITCHER, 8 IN 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IEDA528HBB ACS MIC STA 528 MOUNT HORIZONTAL BACKBOX 31765 7/27/2015 8 PSP UPGRADES AUDIO ASSOCIATES IEDA528HBB ACS MIC STA 528 MOUNT HORIZONTAL BACKBOX 31765 7/27/2015 8 PSP UPGRADES AUDIO ASSOCIATES IEDA528HDT-G ACS MIC STATION 528 HORIZONTAL DESKTOP W 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IEDA528HFME-H ACS DIGITAL MIC STA W/EXPANSION BRD W HH 31765 7/27/2015 8 PSP UPGRADES AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 31765 7/27/2015 8 PSP UPGRADES AUDIO ASSOCIATES IEDA528SRME-H ACS MIC STA 528 RACKMOUNT W/ SPK,EXP. 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IEDA528SRME-H ACS MIC STA 528 RACKMOUNT W/ SPK,EXP. 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IEDFAS FLIGHT ANNOUNCEMENT SOFTWARE W/PRIZM 31768 7/27/2015 1 PSP UPGRADE SERVICES AUDIO ASSOCIATES IEDFASLANG-ENG FLIGHT ANNOUNCEMENT SYSTEM LIBARY-ENG 31768 7/27/2015 1 PSP UPGRADE SERVICES AUDIO ASSOCIATES IEDSWEPL GLOBALCOM SOFTWARE END POINT LIC 31768 7/27/2015 44 PSP UPGRADE SERVICES AUDIO ASSOCIATES IEDSWEPL-LIC GLOBALCOM ENDPOINT ANNUAL LIC/MAINT FEE 31768 7/27/2015 88 PSP UPGRADE SERVICES AUDIO ASSOCIATES IEDT6472L 6000 200 WATT X 2CH 70V OUTPUT (120VAC) 31766 7/27/2015 5 PSP UPGRADE AMPS AUDIO ASSOCIATES IEDT9160L TITAN POWER AMP MAINFRAME 16CH + BACKUP 31765 7/27/2015 1 PSP UPGRADES AUDIO ASSOCIATES IEDTCASSVR T-CAS SERVER SOFTWARE W/PRISM CORE DB 31768 7/27/2015 1 PSP UPGRADE SERVICES AUDIO ASSOCIATES IEDA524-H PAGING STATION 524 31843 8/10/2015 8 PSP UPGRADES PH2 AUDIO ASSOCIATES IEDA528VBB ACS MIC STA 528 VERTICAL BACKBOX 31842 8/10/2015 8 PSP UPGRADES PH 2 AUDIO ASSOCIATES IEDA528VFM-H ACS MIC STA 528 ALL DIGITAL VRT FLUSH MT 31842 8/10/2015 8 PSP UPGRADES PH 2 AUDIO ASSOCIATES IEDA528SRME-H ACS MIC STA 528 RACKMOUNT W/ SPK,EXP. 31874 8/13/2015 2 PSP UPGRADES PH 2 AUDIO ASSOCIATES IEDA500CAKVMA CABLE ASSEMBLY KB/VIDEO/MS BUNDLE, USB 31880 8/14/2015 2 PSP UPGRADES AUDIO ASSOCIATES IEDT9160-UPGRADE UPGRADES 500ACS SYSTEM TO GLOBALCOM 31918 8/21/2015 3 PSP 9160-UPGRADE AUDIO ASSOCIATES IEDT6472L 6000 200 WATT X 2CH 70V OUTPUT (120VAC) 31986 9/8/2015 2 PSP AMPS AUDIO ASSOCIATES HHVFM0528MP PLATE 528 TRIM 94V-0 ABS GREY UN7759 32110 9/30/2015 16 PSP FLANGE & 540S AUDIO ASSOCIATES IED0540S-2 AMBIENT SENSOR - 2 GANG PLATE 32110 9/30/2015 2 PSP FLANGE & 540S AUDIO ASSOCIATES IEDA528FBB ACS MIC STA 528 FLANGE BACKBOX 32108 9/30/2015 8 PSP 528HFM AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 32108 9/30/2015 8 PSP 528HFM AUDIO ASSOCIATES IEDT9160-UPGRADE UPGRADES 500ACS SYSTEM TO GLOBALCOM 32210 10/21/2015 2 PSP 9160-UPGRADE AUDIO ASSOCIATES IED0750 TRIP TO SITE 32252 10/28/2015 1 PSP UPGRADES PH 2 AUDIO ASSOCIATES IED0778 COMMISSIONING 32252 10/28/2015 3 PSP UPGRADES PH 2 AUDIO ASSOCIATES IED0710 FACTORY TRAINING 32611 1/8/2016 1 PSP UPGRADES PH 2 AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 33420 5/24/2016 1 PSP 528HFM AUDIO ASSOCIATES IEDT6471L 6000 400 WATT X 1CH 70V OUTPUT (120VAC) 34250 11/9/2016 6 PSP REPLACEMENT EQUIPMENT AUDIO ASSOCIATES IEDT6472L 6000 200 WATT X 2CH 70V OUTPUT (120VAC) 34250 11/9/2016 8 PSP REPLACEMENT EQUIPMENT AUDIO ASSOCIATES IEDT9032NS TITAN 32 INPUT NOISE SENSOR INTERFACE 34249 11/9/2016 1 PSP REPLACEMENT EQUIPMENT AUDIO ASSOCIATES IEDT9160L TITAN POWER AMP MAINFRAME 16CH + BACKUP 34249 11/9/2016 2 PSP REPLACEMENT EQUIPMENT AUDIO ASSOCIATES IEDA528HFM-H ACS MIC STA 528 ALL DIGITAL HORIZ FLUSH 34729 2/6/2017 2 PSP MICS AUDIO ASSOCIATES IEDA528VFM-H ACS MIC STA 528 ALL DIGITAL VRT FLUSH MT 34729 2/6/2017 2 PSP MICS AUDIO ASSOCIATES IEDA500HH ACS HAND HELD MIC 35047 3/24/2017 2 PSP MICS & CORDS AUDIO ASSOCIATES IED500HHCA-20 CORD ASSEMBLY FOR 500HH, 20' 35057 3/27/2017 8 PSP MICS & CORDS AUDIO ASSOCIATES IEDM1000CPU MODULE DIMM ARM UCONTOL W/CAN 35322 5/9/2017 10 PSP ARM MODULES AUDIO ASSOCIATES HH528HSRP PLATE, HORZ 528 STRAIN RELIEF 37067 2/19/2018 40 PSP 528 STRESS RELIEF PLATES AUDIO ASSOCIATES HH528VSRP PLATE, VERT 528 STRAIN RELIEF 37067 2/19/2018 10 PSP 528 STRESS RELIEF PLATES AUDIO ASSOCIATES GCK3.0 SOFTWARE PRE LOADED GCK CORE SOFTWARE CM3957 10/30/2018 1 PSP SERVER AUDIO ASSOCIATES GCK3.0M GCK ANNUAL MAINTENANCE CM3957 10/30/2018 2 PSP SERVER AUDIO ASSOCIATES HDEPL END-POINT LICENSE FOR COBRANET CM3957 10/30/2018 53 PSP SERVER AUDIO ASSOCIATES HDEPLM ANNUAL MAINTENANCE FEE PER ENDPOINT CM3957 10/30/2018 106 PSP SERVER AUDIO ASSOCIATES IED0730 VACS INITIAL SET UP/ CONFIGURATION CM3957 10/30/2018 1 PSP SERVER AUDIO ASSOCIATES IED1151SERVER SERVER RAID DUAL PWR 8CH CNET 8G CM3957 10/30/2018 1 PSP SERVER AUDIO ASSOCIATES IPSE50 SOFTWARE END-POINT LICENSE 50 PACK CM3957 10/30/2018 50 PSP SERVER AUDIO ASSOCIATES IPSE50M ANNUAL MAINTENCE FEE PER ENDPOINT 50 CM3957 10/30/2018 100 PSP SERVER EXHIBIT A3

COMPONENTS AT PSP
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Revised 2.9.22
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1N - 22
Revised 2.9.22

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insura nce against all claims for inju ries against persons or damages to propert y resulting from Contractor’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurre ntly with its execution of this Agreement .

Contractor shall also carry workers’ compensa tion insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during t he term of this Agreement , incl uding any e xtensions. Such insurance shall not be ca ncelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designat ing the City, its elected officials, officer s, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the del ivery of poli cies, certificates, and endorse ments evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance . The minimum amount of insurance requir ed under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dol lars ($1,000, 000.00) per occurrence and two million dol lars ($2,000,000) annual aggregate is:
_________ required
____X___ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Li ability Insur ance with limits of at least on e mil lion dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims r elated to this Agreement, Contractor’s insurance coverage shall be primar y with resp ect to the City and its respective el ected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not c ontribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogatio n and Item 1N - 23
Revised 2.9.22
contribution it may have against Cit y, its elected officials, offic ers, employ ees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made profes sional liability i nsurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agr eement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance co verage with the same carrier in the amount required by this Agreement for at least three y ears after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidenc e to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of Ca lifornia. Coverage shall be provided by insurers admitted in the State of California with an A.M . Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with bot h certificates of insurance and endorsements , inc luding additional insured endorsement s, affecting all of the coverages required by th is Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City befo re work com mences. City reserves the right to r equire Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required f or Er rors a nd Omissions and Workers’ Compensation policies.

Verification of Insurance cove rage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Ins urance Cove rage with an approved Additiona l Insured E ndorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and a ll work performed with the City" may be included in this statement).

B. "This insurance is primary and non -contributory over any insurance or self - insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the C ertificate Holder named." Language such as, “endeavor to” mail and "but failure to ma il such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 1N - 24
Revised 2.9.22
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's w aiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsem ents listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of i nsurance and endorsements are to be received and approved by the City before work commences. All certificates of insuranc e must be aut horized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and appr oved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related i nvestigations, claim administration, and def ense expenses.

Certificates of Insurance m ust include evidence of the amount of any deduct ible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self -insured retentions.

8. Severability of Interests (Separat ion o f Insu reds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1N - 25
Revised 2.9.22
Exhibit D

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS
Provision
Reference Provision Description Page No.

FAA - 01 Access to Records and Reports 18
FAA - 02 Affirmative Action Requirement * 19
FAA – 03 Breach of Contract 20
FAA – 04 Buy American Preferences * 21
FAA – 05 Civil Rights General 22
FAA – 06 Civil Rights – Title VI Assurances * 23
FAA – 07 Clean Air/Water Pollution Control 26
FAA – 08 Contract Work Hours and Safety Standards 27
FAA – 09 Copeland Anti-Kickback 28
FAA – 10 Davis Bacon Requirements 29
FAA – 11 Debarment and Suspension * 30
FAA – 12 Disadvantaged Business Enterprise * 31
FAA – 13 Distracted Driving 32
FAA – 14 Energy Conservation Requirements 33
FAA – 15 Drug Free Workplace (not applicable to Contractors) 34 FAA – 16 Equal Employment Opportunity 35
FAA – 17 Federal Fair Labor Standards Act * 42
FAA – 18 Lobbying Federal Employees 43
FAA – 19 Prohibition of Segregated Facilities 44
FAA – 20 Occupational Safety and Health Act 45
FAA - 21 Procurement of Recovered Materials 46
FAA – 22 Rights to Inventions 47
FAA – 23 Seismic Safety 48
FAA – 24 Tax Delinquency and Felony Conviction 49
FAA – 25 Termination of Contract 50
FAA – 26 Trade Restriction (Foreign) * 51
FAA – 27 Veteran’s Preference 53
*Solicitation Clause also
Item 1N - 26
Revised 2.9.22
FAA - 01 Access to Records and Reports
The Supplier must maintain an acc eptable cost accounting system. The Supplier agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Supplier which are directly pert inent to the specific contract for th e purpose of making audit, examination, excerpts and transcriptions. The Supplier agrees to maintain all books, records an d reports req uired under this contra ct for a period of no t less than three years after final payment is made and all pending matters are closed.

Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38 Item 1N - 27
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FAA - 02 Affirmative Action Requirement
Not applicable.

Item 1N - 28
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FAA – 03 Breach of Contract
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1N - 29
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FAA – 04 Buy American Preferences
The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured good s used on AIP projects be produc ed in the United States. Specific Buy American requirements will be outline in the solicitation docume nts. If no requirements are found in the solicitation this clause if void.

Reference: Title 49 USC § 50101
Item 1N - 30
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FAA – 05 Civil Rights General
The Supplier agrees to comply with pe rtinent statutes, Executive Orders and s uch rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the Supplier and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI o f the Civil Rights Act of 1964.

Reference: 49 USC § 47123
Item 1N - 31
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FAA – 06 Civil Rights – Title VI Assurances
Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Supplier, for itself, its assignees, and succes sors in interest (hereinafter referred to as the “Supplier”), agrees as follows:

1. Compliance wi th Regulations: The Supplier (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as the y may be amended from time to time, which are herein inco rporated by reference and made a part of this contract.

2. Nondiscrimination: The Supplier, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or na tional origin in the selection and retention of subcontractors, including procuremen ts of materials and leases of equipment. The Supplier will not par ticipate directly or indirectly in the discrimination prohibited by the Nondiscrimination Ac ts and Author ities, including employment practices when t he contract covers any activity, project , or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment:

In all solicita tions, either by competitive bidding or negotiation made by the Supplier for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Supplier of the Supplier’s obligations under this contract and the N ondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Supplier will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records , accounts, other sources of informat ion, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain complia nce with such Nondiscrimination Acts and Aut horities and instructions.

Where any in formation required of a contractor is in the exclusive possession o f another who fails or refuses to furnish the information, the Supplier will so certify to t he sponsor or the Federal Aviation Administration, as app ropriate, and will set forth what effort s it has made to obtain the information.

5. Sanctions for Noncompli ance: In the event of a Supplier’s noncompliance with the non - discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Admi nistration may determine to be approp riate, including, but not limited to:
a. Withholding payments to the Supplier under the contract until the Supplier complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

Item 1N - 32
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6. Incorporation of Provisions: The Supplier will include the provisions of p aragraphs one through six in every subcontract, including procurements of materials and leas es of equipment, unless exempt by the Acts, the Regulatio ns, and directives issued pursuant thereto. The Supplier will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means o f enforcing s uch provisions including sanctions for nonco mpliance. Provided, that if the Supplier becomes involved in, or is threaten ed with litigation by a subcon tractor, or supplier because of such direction, the Supplier may request the sponsor to ente r into any li tigation to protect the interests of the sponsor. In addition, the Supplier may request the United States to enter into the litigation to protect the interests of the United States.

A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the perform ance of this contract, the Supplier, for itself, its assignees, and successors in interest (hereinafter referred to as the “ Supplier”) agrees to comply with th e following n on- discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non -discrimination in Federally -assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) ( prohibits unf air treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Di scrimination Act of 19 75, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100 -209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 , by expanding the def inition of the ter ms “programs or activities” to includ e all of the programs or activities of the Federal -aid recipients, sub-recipients and contractors, whether such programs o r activities are Federally funded or not);
• Titles II an d III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC Item 1N - 33
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§§ 12131 – 12189) as implemented by U.S. Department of Transportation reg ulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Env ironmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activit ies with disproportion ately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limit ed English Proficiency, and resulting agency guidance, na tional origin discrimination includes discrimination because of limited Engli sh proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1N - 34
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FAA – 07 Clean Air/Water Pollution Control
If the Agreement ex ceeds $150,000, Supplier agrees to co mply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740 -7671q) and the Federal Water Pollution Control Act as amended (33 US C § 1251-1387). The Supplier agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Supplier must include this requirement in all subcontracts that exceeds $150,000.

Reference: 2 CFR § 200, Appendix II(G)
Item 1N - 35
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FAA – 08 Contract Work Hours and Safety Standards
Not applicable.

Item 1N - 36
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FAA – 09 Copeland Anti-Kickback
Not applicable.

Item 1N - 37
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FAA – 10 Davis Bacon Requirements
Not applicable.

Item 1N - 38
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FAA – 11 Debarment and Suspension
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Supplier must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Supplier, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier partic ipant of a “covered transaction” under the project is not presently debarred or otherwise d isqualified from participation in this federally assisted project. The Supplier will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of O fferer /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Admini stration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered tr ansaction, the FAA may pursue any availab le remedies, including suspension and debarment of the non-compliant participant.

Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 Item 1N - 39
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FAA – 12 Disadvantaged Business Enterprise
Contract Assurance (§ 26.13) –
The Supplier or subcontractor shall not discriminate on the ba sis of race, color, national origin, or sex in the performance of this contract. The Supplier shall carry out applicable requirements of 49 CFR part 26 in the award and administ ration of Department of Transportation -assisted contracts. Failure by the Supplier to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Supplier from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under t his prime contract for satisfactory p erformance of its contract no later than [10 days] days from the receipt of each payment th e prime contractor receives from [the City]. The prime contracto r agrees further to return retainage payments to each subcontrac tor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause fo llowing written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

Reference: 49 CFR part 26
Item 1N - 40
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FAA – 13 Distracted Driving

TEXTING WHEN DRIVING
In accordance wi th Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Tex t Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal g rant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the City encourages the Supplier to promote policies and initiatives for its employees and other work personnel that decrease c rashes by distracted drivers, including policies that ban text messaging whil e driving motor vehicles while performing work activities associated with the project. The Supplier must include the substance of this clause in all sub -tier contracts exceeding $3,500 that involve driving a motor vehi cle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
Item 1N - 41
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FAA – 14 Energy Conservation Requirements
Supplier and Subcontractor agree to comply with manda tory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).

Reference: 2 CFR § 200, Appendix II(H)
Item 1N - 42
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FAA – 15 Drug Free Workplace Requirements
The Drug -Free Work place Act of 1988 requires some Feder al contractors and all Federal grantees to agree that they will provide d rug-free workplace s as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
Item 1N - 43
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FAA – 16 Equal Employment Opportunity
A16.3.1 EEO Contract Clause
During the performance of this contract, the Supplier agrees as follows:
(1) The Supplier will not discriminate against any employee or applicant for employment because of race, c olor, religion, sex, or national origin. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action sh all include, but not be limited to, t he following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and select ion for training, including apprenticesh ip. The Supplier agrees to post in co nspicuous places, available to employees and applicants for employment, notices to be provi ded setting forth the provisions of this nondiscrimination clause.
(2) The Supplier will, in all solicitations or advertisements for employees placed by or on behalf of the Supplier, state that all qualified applicants will receive considerations for emplo yment without regard to race, color, religion, sex, or national origin. (3) The Supplier will send to each labor union or repres entative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provi ded advising the said labor union or workers’ representatives of the Supplier’s commitme nts under this section and shall post co pies of the notice in conspicuous pla ces available to employees and applicants for employment.
(4) The Supplier will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Supplier will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, a nd will permit access to his books, reco rds, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Supplier’s noncomplianc e with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Supplier may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1 965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Supplier will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcon tract or purchase order Item 1N - 44
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unless exempted by rules, regulations, or orders of t he Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with res pect to any subcontract or purchase o rder as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becom es involved in, or is threatened with, l itigation with a subcontractor or vendor as a result of such direction by the administering agency the Supplier may request the United States to enter into such litigation to protect the interests of the United States.

A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS

1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance P rograms (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Bla ck African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South A merican, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all person s having origins in any of the original peoples of North America and maintaining identifiab le triba l affiliations through membership and participation or community identification).

2. Whenever the Supplier, or any subco ntractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each s ubcontract in excess of $10,000 the provisions of these specifications and the Notice wh ich contains the applicable goals for mi nority and female participation and w hich is set forth in the solicitations from which this contract resulted.

3. If the Supplier is pa rticipating (pursuant to 41 CFR part 60 -4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including Item 1N - 45
Revised 2.9.22
goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contrac tors shall be able to demonstrate the ir participation in and compliance with the provisions of any such Hometown Plan. Each con tractor or subcontractor participating in an approved plan is individually required to c omply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overal l good f aith performance by other contractors or subcontractors toward a goal in an appr oved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Supplier shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employmen t and training of minority and female utilization the Supplier should reasonably be able to achieve in each construction trade in whi ch it has employees in the covered ar ea. Covered construction contractors performing construction work in a geographical ar ea where they do not have a Federal or federally assisted construction contract shall apply t he minority and female goals established for the geographical area where the work is being performed.

Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Supplier is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agree ment nor the failure by a union with whom the Supplier has a collective barga ining agreement to refer either minorities or women shall excuse the Supplier’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non -working training hours of apprentices a nd trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Supplier during the training period and the Supplier shall have made a commi tment to employ the apprentices and trai nees at the completion of their train ing, subject to the availability of employment opportunities. Trainees shall be train ed pu rsuant to training programs approved by the U.S. Department of Labor.

7. The Supplier shall take specific affirmative actions to ensure equal employment opportunity.

The evaluation of the Supplier’s compliance with these specifications shall be base d upon its effort to achieve maximum results from its actions. The Supplier shall document t hese efforts fully and shall implement a ffirmative action steps at least as e xtensive as the following:
a. Ensure and maintain a working environment free of haras sment, intimidation, and coercion at all sites, and in all facilities at which the Supplier’s employees are assigned to work. The Supplier, where possible, will assign t wo or more women to each construction project. The Supplier shall specifically ensure that all foremen, superintendents, and other onsite Item 1N - 46
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supervisory personnel are aware of and carry out the Supplier’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sou rces, provide written notification to mi nority and female recruitment sources and to community organizations when the Supplier or its unions have employment opport unities available, and maintain a record of the organizations’ responses.
c. Maintain a curre nt file of the names, addresses, and tel ephone numbers of each minority and f emale off -the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sen t to the union hiring hall for referral and was not referred back to the Supplier by the union or, if referred, not employe d by the Supplier, this shall be documented in the file with the reason therefore along with whatever additional actions the Supplier may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the Supplier has a collective bargaining agreement has not referred to the Supplier a minority person or female sent by the Supplier, or when the Supplier has other information that the union referral process has impeded the Supplier’s efforts to meet its obligations. e. D evelop on -the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading progr ams and apprenticeship and trainee programs relevant to the Supplier’s employment need s, especially those programs funded or approved by the Department of Labor. The Supplier shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Supplier’s EEO policy by providing notice of the policy to unions a nd training programs and requesting their cooperation in assisting the Supplier in meeting it s EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by sp ecific review of the policy with all management personnel and with all minority and female em ployees at least once a year; and by pos ting the company EEO policy on bullet in boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company’s EEO policy and affirmative action obligati ons under these specifications with all employees having any responsibility f or hiring, assignment, layoff, termination, or other employment decisions, including s pecific review of these items, with onsite supervisory personnel such superintendents, genera l foremen, etc., prior to the initiation of construction work at any job site . A written record shall be made and maintained identifying the time and place of the se meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Supplier’s EEO po licy externally by including it in an y advertising in the news media, specifically including minority and female news media , and providing written Item 1N - 47
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notification to and discussing the Supplier’s EEO policy with other c ontractors and subcontractors with whom the Supplier does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, fem ale, and community organizations, to schools with minority and female students; and to minori ty and female recruitment and training o rganizations serving the Supplier’s r ecruitment area and employment needs. Not later than one month prior to the date for the a cceptance of applications for apprenticeship or other training by any recruitment source , the Supplier shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority p ersons and women and, where reasonable, provide after school, summer, and vac ation employment to minority and female youth both on the site and in other areas of a contractor’s workforce. k. Validate all tests and other selection requirements where there i s an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annuall y, an inventory and evaluation at least of all minority and female personnel, for promotion al opportu nities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discrim inatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Supplier’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facili ties shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female c onstruction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Supplier’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Supplier is a member and par ticipant may be asserted as fulfillin g any one or more of its obligations under 7a through 7p of these specifications provided t hat the Supplier actively participates in the group, makes every effort to assure that t he group has a positive impact on the em ployment of minorities and women in t he industry, ensures that the concrete benefits of the program are reflected in the Supplier’s minori ty and female workforce participation, makes a good faith effort to meet its i ndividual goals and Item 1N - 48
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timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Supplier. The obligation to comply , however, is the Supplier’s and failure of such a group to fulfill an obligat ion shall not be a defense for the Supplier’s noncompliance.

9. A single goa l for minorities and a separate single goal for women have been established.

The Supplier, however, is required to provide equal employment opportunity and to take affirmative ac tion for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Supplier has achieved its goals for women generally), the Supplier may be in vio lation of the Executive Order if a sp ecific minority group of women is underutilized.

10. The Supplier shall not use the goals and timeta bles or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The Supplier shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Supplier shall carry out such sanctions and pe nalties for violation of these specifica tions and of the Equal Opportunity Cl ause, including suspension, termination, and cancellation of existing subcontracts as may b e imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal C ontract Compliance Programs. Any cont ractor who fai ls to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Supplier, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Supplier fails to comply with the requirements of th e Executive Or der, the implementing regulations, or these specifications, the Director shal l proceed in accordance with 41 CFR part 60-4.8.

14. The Supplier shall designate a res ponsible official to monitor all employm ent related activity to ensure that t he company EEO policy is being carried out, to submit reports relating to the provisions he reof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, add ress, telephone number, construction trade, union a ffiliation if any, employee identification number when assigned, social secur ity number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worke d per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing recor ds satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the ap plication of other laws which establish different standards of compliance or upon the ap plication of requirements Item 1N - 49
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for the hiring of local or other area residents (e. g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
Item 1N - 50
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FAA – 17 Federal Fair Labor Standards Act
The provisi ons of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and c hild labor standards for full and par t-time workers.

The Supplier has full responsibility to monitor compliance to the referenced statute or regulation.

The Supplier must address any claims or disputes that arise fr om this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

Reference: 29 USC § 201, et seq
Item 1N - 51
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FAA – 18 Lobbying and Influencing Federal Employees
Consultants and contractors that apply or bid for an award of $100,000 or more mus t have certified that it will not and ha s not used Federal appropriated fund s to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an em ployee of a member of Congress in connection with obtaining any Federal cont ract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobby ing with non -Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, t he bidder or offeror certifies by signing an d submitting this bid or proposal, to the best of his or her knowledge and belief, that:
• No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influenci ng or attempting to influence an off icer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, th e making of any Federal loan, the en tering into of any cooperative agreement, and the extension, continuation, renewal, amendmen t, or modification of any Federal contract, grant, loan, or cooperative agreement. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agen cy, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Fed eral contract, grant, loan, or coope rative agreement, the undersigned shall complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. • The undersigned shall requ ire that the language of this certificat ion be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A
Item 1N - 52
Revised 2.9.22
FAA – 19 Prohibition of Segregated Facilities
Not applicable.

Item 1N - 53
Revised 2.9.22
FAA – 20 Occupational Safety and Health Act
All contr acts and subcontracts that result from t his solicitation incorporate by r eference the requirements of 29 CFR Part 1910 with the same force and effect as if given in ful l text. The employer must provide a work environment that is free from recognized hazar ds that may cause death or serious physi cal harm to the employee. The emp loyer retains full responsibility to monitor its compliance and their subcontractor’s complianc e with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that p ertain to a referenced requirement directly with the U.S.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
Item 1N - 54
Revised 2.9.22
FAA – 21 Procurement of Recovered Materials
Supplier and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Supplier and subcontractors are to use pro ducts containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA -designated items is available a t www.epa.gov/smm/compreh ensive- procurement-guidelines-construction-products.

Section 6002(c) establishes exceptions to the preference for recovery of EPA -designated products if the contractor can demonstrate the item is:
a) Not reasonably available withi n a timeframe providing f or compliance w ith the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act Item 1N - 55
Revised 2.9.22
FAA – 22 Rights to Inventions
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the right s of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 C FR §401.14. Supplier must include this requirement in all sub -tier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR §401
Item 1N - 56
Revised 2.9.22
FAA - 23 Seismic Safety
Not applicable.

Item 1N - 57
Revised 2.9.22
FAA – 24 Tax Delinquency and Felony Conviction
The Supplier must have certified under the procurement process that resulted in the award of this contract that:
• Supplier has not been convicted of a Federal felony within the last 24 months; or • Supplier does not have any outst anding tax liability for which all judic ial and administrative remedies have lapsed or been exhausted.

Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Item 1N - 58
Revised 2.9.22
FAA – 25 Termination of Contract
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1N - 59
Revised 2.9.22
FAA – 26 Foreign Trade Restriction

TRADE RESTRICTION CERTIFICATION
By accepting this contract the Supplier certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included o n the list of countries that discrimi nate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Supplier must provide immediate written notice to the City if the Supplier learns that its certification or that of a subcontractor wa s erroneous when submitted or has become erroneous by reason of changed circu mstances. The Supplier must require subcontractors provide immediate written notice to the Supplier if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discri minate against U.S. firms published by the USTR or
2) whose subcontractors are owned or co ntrolled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign cou ntry on such USTR list.

Nothing contained in the foregoing shall be construed to require es tablishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Supplier agrees it will incorporate this provision fo r certification without modification in all lower tier subcontracts. The Supplier may rely on the certification of a prospective subcontractor that it is not a firm fro m a foreign country included on the list of countries that discriminate Item 1N - 60
Revised 2.9.22
against U.S. fir ms a s published by USTR, unless the Supplier has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which relia nce was placed when making an award. If it is later determined that the Supplier or subcontractor knowingly rendered an erroneo us certification, the Federal Aviatio n Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

Reference: 49 USC § 50104, 49 CFR part 30
Item 1N - 61
Revised 2.9.22
FAA – 27 Veteran’s Preference
In the employment of labor (excluding e xecutive, administrative, and supervisory positions), the Supplier and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States C ode Section 47112. Covered veterans inc lude Vietnam -era veterans, Persian Gu lf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference o nly applies when there are covered veter ans readily available and qualified t o perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1N - 62

ATTACHMENT B

PUBLIC INTEGRITY DISCLOSURE FORM
Item 1N - 63

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
IED Support Services, LLC
Address of Entity (Principle Place of Business)
9701 Taylorsville Rd Louisville, Ky. 40299
State where Entity is Registered with Secretary of State KY.
ff other than California, is the Entity also registered in California? □ Yes X No Type of Entity
D Corporation X Limited Liability Company @Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity D Officer D Director D Member X Manager
D General Partner D Limited Partner
□ Other \.£. ..... :EtJ�flM-i ,1/4'� },IJ&j?J �
")YL;U1� D Officer D Director D Member D Manager
[name]
,h/.'c/1'1e,,/ Slivd1., D General Partner D Limited Partner �Other c..Fo
D Officer D Director D Member O Manager
[name]
D General Partner D Limited Partner
□ Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
Item 1N - 64
~ ckSr1fder
--
~
/

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entltv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Loyd Ivey I Ot) V.r
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date d� /7 / ,- ) 6114122
/"�� uJ1dL-::;,1J/1.Jfk-
Diok Snider General Manaoer

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
(Revised 09 13 18)
Item 1N - 65

ATTACHMENT C

SOLE SOURCE LETTER
Item 1N - 66

I E D S u p p o r t S e r v i c e s

9701 Taylorsville Road
Louisville, KY 40299

502.267.7436
Fax: 502.267.9070

Mike DeCastro
PSP
Palm Springs CA. June 15, 2022

Mr. DeCastro,

IED Support Services LLC (IEDSS LLC) is the sole provider of warranty, maintenance, and service for the software and hardware that supports the Innovative Electronic Designs (IED LLC) systems at PSP. This unique and proprietary hardware and software is the property of IED LLC and is protected by multiple patents.

At its sole discretion, as necessary, IEDSS may select an IED LLC Certified Integrator to deliver the goods and services necessary to provide the aforementioned warranty, maintenance, and service for IED software and hardware .

To reiterate, IEDSS LLC is the sole provider of warranty services for IED LLC hardware and software that currently support the IED systems that serve PSP.

Regards,

Richard A. Snider
General Manager
IED Support Services (IEDSS LLC)

Item 1N - 67
11,111,11 I E D®

CITY COUNCIL STAFF REPORT
07/28/2022   1. O.

City Clerk -

SUBJECT
APPROVE CONTRACT CHANGE ORDER NO. 1 TO ELECNOR BELCO
ELECTRIC, INC., FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT (CYCLE 7), FEDERAL-AID PROJECT NO. HSIPL-5282 (046), CITY PROJECT NO. 15-32
RECOMMENDATION:

Approve Contract Change Order No. 1 in the amount of $213,378.22 to the construction contract Agreement No. A8583 with Elecnor Belco Electric, Inc., for the Highway Safety Improvement Project (Cycle 7), Federal-Aid Project No.

HSIPL-5282 (046), City Project No. 15-32.

1. Authorize the City Manager to execute all necessary documents.2.

Attachments
Item 1O

CITY COUNCIL STAFF REPORT
DATE: July 28, 2022 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 1 TO ELECNOR BELCO ELECTRIC, INC., FOR THE HIGHWAY SAFETY IMPROVEMENT
PROJECT (CYCLE 7), FEDERAL -AID PROJECT NO. HSIPL -5282 (046), CITY PROJECT NO. 15-32
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:

Thi
s is a request for approval of Contract Change Order No. 1 (CCO1) for the Highway Safety Improvement Project (Cycle 7), which consists of improvements to 17 signalized intersections in the City. The change order is necessary due to utility conflicts encountered during construction and cost escalation resulting from the significant delays to the project.

RECOMMENDATION:

1. Appr
ove Contract Change Order No. 1 in the amount of $213,378.22 to the construction contract (Agreement No. 8583) with Elecnor Belco Electric, Inc., for the Highway Safety Improvement Project (Cycle 7), Federal-Aid Project No. HSIPL-5282 (046), City Project No. 15-32.

2. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The P
ublic Integrity Disclosure Form for Elecnor Belco Electric Inc., is included as Attachment A.

BACKGROUND:

On D
ecember 19, 2019, the City Council approved the plans, specification, and estimate (PS&E) for the Project and authorized Staff to bid the project.

On July 23, 2020, the City Council awarded a construction contract to Elecnor Belco Electric, Inc. in the amount of $2,847,759, for City Project No. 15-32. This project consists Item 1O - 1
City Council Staff Report
July 28, 2022 -- Page 2
Change Order 1 to HSIP 5282, CP 15-32

of improvements to 17 signalized intersections in the City with the latest safety equipment and to bring curb ramps up to current ADA standards.

STAFF ANALYSIS:

As part of the potholing of the foundations for the new traffic signal poles, there were significant conflicts with existing utilities that would not allow for the installation of the traffic signal pole foundations as per the plans. These design issues needed to be resolved with a redesign that included changes to the overall scope of w ork along with construction delays and material and labor cost increases.

The contractor provided backup documentation including cost sheets, revised bid proposals, vendor pricing, receipts, detailed labor and materials breakdown sheets, and all other related documents for review by the City’s construction manager. All prices included approved allowable labor and equipment mark-ups per Caltrans standards.

Each
item was carefully reviewed and supported by documentation.

Our consultant construction management team found the prices to be fair and are reflecting the current state of escalating prices for electronic components and related materials. Staff is recommending approval of CCO1, a full copy of which is included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Highway Safety Improvement Project (Cycle 7) , Federal-Aid Project No. HSIPL -5282 (046), City Project No. 15-32, is considered categorically exempt from CEQA

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 3B , 5- Year Capital Improvement Program, Expand Walking/Biking Infrastructure.

FISCAL IMPACT:

Contract Change Order No. 1 is for the total amount of $213,378.22, which represents

7.5% of the total construction cost . When the project was awarded, a 5% construction contingency was approved in the amount of $142,388; t herefore, an additional $70,990.22 is needed to pay for CCO1.

Item 1O - 2
City Council Staff Report
July 28, 2022 -- Page 3
Change Order 1 to HSIP 5282, CP 15-32
Because the construction cost at the time of award already exceeded the total amount paid for by grant, the City will need to allocate its own funds from Gas Tax or Measure A to make up the difference.

Staff requests to appropriate $71,000 from the Measure A – Local (Fund 134) fund balance to cover the remaining cost of Contract Change Order No. 1.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

A. Publ
ic Integrity Disclosure Form
B. Contract Change Order No. 1
Item 1O - 3

Attachment A
Item 1O - 4
Item 1O - 5
..

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Elecnor Belco Electric, Inc.

2. Address of Entity (Principle Place of Business)
14320 Albers Way, Chino, CA 91710

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State California If other than California is the Entitv also reaistered in California?  Yes  No

5. Type of Entity
iJ: Corporation  Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Alberto Garcia de los Angeles ~ Officer D Director D Member o Manager [name] John Wong
Jeroni Gervilla
 General Partner o Limited Partner
D Other
~ Officer  Director D Member o Manager [name]
o General Partner D Limited Partner
D Other
Ql Officer o Director O Member D Manager [name]
 General Partner o Limited Partner
D Other

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

TRAFFIC SIGNAL AND ADA IMPROVEMENTS PROJECT
CITY PROJECT NO. 15-32 PUBLIC INTEGRITY DISCLOSURE FORM BID FORMS - PAGE 28 FEDERAL PROJEC T NO. HSIPL 5282 (046) March 2020
Item 1O - 6

7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity A.
[name of owner/investor] [name of official with whom owner/investor has material financial relationship]
FOR RELATIONSHIP A, EXPLANATION OF THE RELATIONSHIP:

B.
[name of owner/investor] [name of official with whom owner/investor has material financial relationship]
FOR RELATIONSHIP B, EXPLANATION OF THE RELATIONSHIP:

C.
[name of owner/investor] [name of official with whom owner/investor has material financial relationship]
FOR RELATIONSH IP C, EXPLANATION OF THE RELATIONSHIP:

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date , John WongNice President May 5, 2020

PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

TRAFFIC SIGNAL AND ADA IMPROVEMENTS PROJECT
CITY PROJECT NO 15-32
FEDERAL PROJECT NO. HSIPl. 5282 {046)
March 2020

PUBLIC INTEGRI TY DISCLOSURE FORM
BID FORMS • PAGE 29
Attachment B
Item 1O - 7

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER

To: Elecnor Belco Electric, Inc. Date:

June 27, 2022
14320 Albers Way Project No: CP 15-32 / Fed. HSIPL-5282(046)

Chino, CA 91710

Project: Cycle 7 Traffic Signal Project
Change Order

1 Purchase Order

21000420

CHANGES IN WORK/COST:

Changes in Revised Traffic Signal Plans. (Materials and Cost Escalation) Includes Subcontractor and Supplier Costs Per Attached Documents Lump Sum $ 133,851.14 Labor Escalation Due to Project Design Delays (See Chart) Lump Sum $ 44,794.75 Added Scope of Work Per Revised Plans (Labor) Lump Sum $3,405.36 Added Work Per Revised Plans (Equipment) Lump Sum $1,267.71 Added Subcontractor Costs (Paving and Striping) Lump Sum $27,946.60 Additional Bonding Costs Lump Sum $2,112.66

Total Change Order/Net Increase Amount: $21 3,378.22

This approved Change Order was caused by Design Issues that needed to be resolved and re -designed to include changes to the overall Scope of Work along with construction delays and material and labor cost increases. All prices include approved allowable labor and equipment mark-ups per Caltrans standards. All costs are detailed on the attached cost sheets, revised bid proposals, vendor pricing and receipts, detailed labor and materials breakdown sheets, and all other attached related documents.

SUMMARY OF COSTS:

Original Contract Amount: $ 2,847,759.00
This Change Order: $ 213,378.22
Previous Change Order(s): $ 0.00
Revised Contract Amount: $ 3,061,137.22

[SIGNATURES ON NEXT PAGE]

Item 1O - 8
CP 15-32, Federal Aid HSIPL-5282(046) Cycle 7 Traffic Signal and ADA Improvement Project Contract Change Order No. 1

I have received a copy of this Change Order and the above AGREED PRICES are acceptable to

Elecnor Belco Electric, Inc.

Signature Date

Printed Name and Title

City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date

Approved By:

Justin Clifton, City Manager Date

Attest By:

Monique Lomeli, City Clerk (Acting) Date

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Engineering Pay File (1)
City Clerk (1) Project City File (1)
Purchasing (1)
Finance (1)

Item 1O - 9
14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office
www.elecnorbelco.com (909) 993-5476 Fax
CA License 738518
March 17, 2022
City of Palm Springs Serial No. 14-0497-015
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: Mr. Kevin Higgins, Construction Manager
Reference: Traffic Signal and ADA Improvements Project
City of Palm Springs Project No. 15-32; Federal Aid Project No. HSIPL-5282(046) Belco Job No. 14-0497
Subject: Request for Change Order for the Modifications to Scope of Work, Increase in Material and Subcontractor Costs
Revised Plans (Delta Revision 3), Dated January 21, 2022 Belco PCO No. 1.00
Dear Mr. Higgins:

Please consider this as Elecnor Belco Electric’s request for change order for the modifications to the scope of work, increase in material and subcontractor costs for the above referenced project. The following details are included in this request:
• Notice to Proceed was issued on November 25, 2020 and Belco proceeded to perform potholing of new traffic signal foundations and provided the City of P alm Springs with the potholing res ults indicating utility conflicts with several existing utilities. The City of Palm Springs advised that the project plans needed to be re-designed to incorporate the existing utility conflicts. The project was put on hold until project plans were updated. During this period of plan revisions, Belco and their vendors and subcontractors have been assessed with price escalations in labor and materials. • Summary of price escalations
➢ Subcontractors
o Superior Pavement Markings – Original Bid Price (Bid item No. 23) - $57,993.00 o Superior Pavement Markings – Revised Price (Bid Item No. 23) - $61,832.00 o All American Asphalt – Original Bid Price (Bid Item Nos. 4 – 22) - $429,750.00 o All American Asphalt – Revised Price (Bid Item Nos. 4 – 22) - $451,317.00 Item 1O - 10
~
belco
elecnor
elecnor

14320 Albers Way
Chino, CA 91710
We think about a better world (909) 993-5470 Office www.elecnorbelco.com (909) 993-5476 Fax CA License 738518

o TEK Service LLC – Original Quotation (Video Detection System) - $541,994.00 o TEK Services LLC – Revised Quotation (Video Detection System) - $552,394.00

o McCain – Original Quotation (Traffic Signal Gear) - $189,818.00 o McCain – Revised Quotation (Traffic Signal Gear) - $207,777.00

o Gexpro – Updated Quotation for price escalation and design changes - $68,825.00

o Belco Labor Escalation - $37,328.96

Our price to proceed with these changes is $213,378.22.

If this proposal is acceptable, please provide a change order to proceed. Should you have any questions or concerns, please do not hesitate to contact me at (909) 993 -5470 ext. 263 or via email [email protected].

Sincerely,
Elecnor Belco Electric, Inc.

Olivia Chea
Senior Project Manager

This Change Order Request is Approved due to the delays caused by the Designer to redesign 14 of the19 intersections on the project that had impacting utility conflicts and other design issues that impacted the start of the project and delayed the project for over six months which caused prevailing wage increases, materials and labor cost increases, subcontractor cost increases, and supplier increases.
______________________________
Kevin Higgins - Construction Manager
6/27/2022
Item 1O - 11
~
belco
elecnor

BELCO PCO NO:

MATERIAL $ LBR HRS. DATE:
$98,429.00 27.30
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$0.00 0.00
$98,429.00 27.3
$9,104.68
$3,937.16 COST MARKUP TOTAL
$4,921.45 15%
$116,392.29 $17,458.84 $133,851.14
HOURS RATE EXT $
0 $114.14 $0.00
0 ($103.03) $0.00
1076 $105.61 $113,636.36
1076 ($95.45) ($102,704.20)
1514 $97.09 $146,994.26
1514 ($87.86) ($133,020.04)
1514 $85.76 $129,840.64
1514 ($77.79) ($117,774.06)
0 $82.66 $0.00
0 ($75.75) $0.00
200 $101.17 $20,234.00 COST MARKUP TOTAL
200 ($99.39) ($19,878.00) 20%
$37,328.96 $7,465.79 $44,794.75
HOURS RATE EXT $
0 $114.14 $0.00
0 $160.41 $0.00
14 $105.61 $1,478.54
0 $147.62 $0.00
14 $97.09 $1,359.26
0 $134.82 $0.00
0 $85.76 $0.00
0 $117.84 $0.00
0 $82.66 $0.00
0 $111.69 $0.00
0 $101.17 $0.00 COST MARKUP TOTAL
0 $137.30 $0.00 20%
$2,837.80 $567.56 $3,405.36
CODE EQUIP. (CALTRANS RATES 3/15) HOURS RATE EXT $
20-28 UTILITY WORK TRUCK/HR. 14 $78.74 $1,102.36

COST MARKUP TOTAL
15%
$1,102.36 $165.35 $1,267.71
QTY U/M EXT $
1 LS ($429,750.00)
1 LS $451,317.00
1 LS ($57,993.00)
1 LS $61,832.00 COST MARKUP TOTAL
$0.00 10%
$25,406.00 $2,540.60 $27,946.60

COST MARKUP TOTAL
$183,067.41 $28,198.15 $211,265.56
SUBTOTAL PERCENT EXT $
$0.00 7.75% $0.00 $0.00
$211,265.56 1.00% $2,112.66 $2,112.66
$213,378.22

ALL AMERICAN ASPHALT (ORIGINAL)

LABOR ESCALATION

ADDED WORK PER REVISED PLANS

FOREMAN - REGULAR RATE

DESIGN SERVICES

BONDING

SUBCONTRACTS

SUPERIOR PAVEMENT (ORIGINAL)

SUPERIOR PAVEMENT (UPDATED)

ALL AMERICAN ASPHALT (UPDATED)

LABORER - BID TIME RATE

OPERATOR - REGULAR RATE

OPERATOR - BID TIME RATE

FIELD LABOR BREAKDOWN

GENERAL FOREMAN - REGULAR RATE

GENERAL FOREMAN - BID TIME RATE

LABORER - BID TIME RATE

FOREMAN - BID TIME RATE
JOURNEYMAN WIREMAN - REG. RATE

JOURNEYMAN WIREMAN - BID TIME RATE
ELEC. APPRENTICE - REGULAR RATE
ELEC. APPRENTICE - BID TIME

LABORER - REGULAR RATE
MATERIALS PAGE 2
MATERIALS PAGE 3
MATERIALS PAGE 4

FIELD LABOR BREAKDOWN
TOTAL MATERIAL COSTS:

FOREMAN - REGULAR RATE
GRAND TOTAL OF THIS CHANGE ORDER:

DESCRIPTION OF WORK OR CHANGE

CHANGES IN REVISED TRAFFIC SIGNAL PLANS, MATERIALS
AND SUBCONTRACTOR COSTS ESCALATIONS.

MATERIALS PAGE 7

SUBTOTAL
SALES TAX @ 9.25%
FREIGHT @ 4%
MISCELLANEOUS HARDWARE @ 5%

GENERAL FOREMAN - REGULAR RATE

GENERAL FOREMAN - BID TIME RATE
14-0497-1.00
3/15/2022
TOTAL SUBCONTRACT COSTS:

SUBTOTAL COSTS:

TOTAL LABOR COSTS:

MATERIALS PAGE 5
MATERIALS PAGE 6
TOTAL TOOLS/EQUIP. COSTS:

FIELD MATERIAL AND LABOR PRICE SUMMARY (See Price Sheets for Details)

DESCRIPTION
TOTAL HOURS MANHOURS FOR PROJECT: 4,304

OPERATOR - REGULAR RATE

OPERATOR - BID TIME RATE
TOTAL LABOR COSTS:

FOREMAN - BID TIME RATE
JOURNEYMAN WIREMAN - REG. RATE

JOURNEYMAN WIREMAN - BID TIME RATE
ELEC. APPRENTICE - REGULAR RATE
ELEC. APPRENTICE - BID TIME

LABORER - REGULAR RATE
Item 1O - 12
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PROJECT: PCO NO:

DIRECTIVE NO:

ESTIMATED BY CHECKED BY DATE 3/15/2022
QTY PRICE PER EXT. PRICE LABOR UNIT PER EXT. LABOR
1 -541,994.00 E -541,994.00 0.00 E 0.00
1 552,394.00 E 552,394.00 0.00 E 0.00
1 68,825.00 E 68,825.00 0.00 E 0.00
1 -189,818.00 E -189,818.00 0.00 E 0.00
1 207,777.00 E 207,777.00 0.00 E 0.00
1 0.00 E 0.00 3.00 E 3.00
1 300.00 E 300.00 4.00 E 4.00
10 500.00 C 50.00 2.00 C 0.20
2 2,500.00 C 50.00 40.00 C 0.80
1 0.00 E 0.00 1.00 E 1.00
10 1,500.00 M 15.00 10.00 M 0.10
1 0.00 E 0.00 3.00 E 3.00
1 300.00 E 300.00 4.00 E 4.00
10 500.00 C 50.00 2.00 C 0.20
2 2,500.00 C 50.00 40.00 C 0.80
1 0.00 E 0.00 1.00 E 1.00
10 1,500.00 M 15.00 10.00 M 0.10
1 0.00 E 0.00 3.00 E 3.00
1 300.00 E 300.00 4.00 E 4.00
10 500.00 C 50.00 2.00 C 0.20
2 2,500.00 C 50.00 40.00 C 0.80
1 0.00 E 0.00 1.00 E 1.00
10 1,500.00 M 15.00 10.00 M 0.10
98,429.00 27.30
RACQUEST CLUB DR. AND SUNRISE WAY #2 (CHANGES IN REVISED PLANS) BARISTO RD. AND SUNRISE WAY #7 (CHANGES IN REVISED PLANS) PALM CANYON DR. AND SMOKE TREE LANE #17 (CHANGES IN REVISED PLANS)

TRAFFIC SIGNAL GEAR AND BATTERY BACKUP (CHANGES PER REVISED PLANS AND MATERIAL ESCALATION) ADD UPDATED MCCAIN QUOTE (12/6/2021)

ADD PPB POST
BELCO

MATERIAL OR OPERATION
DELETE ORIGINAL TEK SERVICES QUOTE (5/12/2020)
ADD UPDATED TEK SERVICES QUOTE (1/10/2022)

VIDEO DETECTION SYSTEM (MATIERAL ESCALATION)

MATERIALS AND OPERATIONS BREAKDOWN

ADD PPB POST FOUNDATION
GEXPRO UPDATED QUOTE (12/7/2021)
DELETE MCCAIN ORGINAL QUOTE (5/12/2020)

ADD PPB POST

TRAFFIC SIGNAL POLE PACKAGE (CHANGES PER REVISED PLANS AND MATERIAL ESCALATION)

ADD PPB POST FOUNDATION
ADD 1" PVC SCH80 CONDUIT
ADD 1" PVC TERMINATIONS
ADD 1" PVC SCH80 CONDUIT

ADD PPB
ADD 1" PVC SCH80 CONDUIT
ADD 1" PVC TERMINATIONS

ADD PPB
TOTALS

ADD PPB POST

ADD PPB POST FOUNDATION
ADD 3C TRAFFIC SIGNAL CABLE
ADD 1" PVC TERMINATIONS

ADD PPB
ADD 3C TRAFFIC SIGNAL CABLE
ADD 3C TRAFFIC SIGNAL CABLE
Item 1O - 13

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Elecnor Belco Electric, Inc.
14320 Albers Way
Chino, Ca 91710
John Wong•Office 909-993
-5470•Fax 909-993
-5476•Extension
254•[email protected]
Traffic Signal and ADA Improvements
Project
City Project No. 15-32
Palm Springs
Superior Pavement Markings, Inc.

PO Box 278
Beaumont, CA 92223
Phone 951.845.2799
Fax 951.845.6399
Submit To: Contact: Project
Date:
5/11/20
Estimator
Dale Shults
Proposal & Contract 33651
# Description Qty um Price Ext Price
License# 776306
Union Local 1184
DIR# 1000001476
23 Traffic Striping, Signage and Markings 1 LS 57,993.00 57,993.00 Addenda Considered = 1
Up to 10 week day mobilizations are included. Additional mobilizations at $1,750.00 ea.

Traffic control for Superior work areas during Superior work hours only.

A Minimum Of 15 Working Days Is Required Prior To Each Move In.

Quote Includes: Traffic Paint [NO] - Thermoplastic [YES] - Rpm's [YES] - Removals [YES] - Sealing [NO] - Signing [NO] - Furnish Mast Arm Signs [NO] - Temp Striping [NO] - Berm/Curb Painting [NO] All areas to be free and clear off ALL debris prior to Superior Pavement Markings' crews arriving on-site. All moves and job requirement are mentioned in notes- nothing is implied unless specifically noted. Not responsible for scheduling other sub's work or scheduling conflicts with other subs. We DOT NOT provide shop drawings of any type unless prior arrangements are made. Not responsible for removing temporary striping or temporary "tabs", tape or chip seal markers unless specifically noted. Signs on signal poles, overhead or truss structures not included unless specifically mentioned in proposal. Superior Pavement Markings is a union company and all jobs are bid using current union or prevailing wage rates.

Acceptance of Proposal and Contract:

I/we accept the within proposal. You are authorized to perform the work comprehended here under and I/we agree to pay the said amount in accordance with the terms set forth. By signing this Proposal/Contract below I/we agree to the attached Terms and Conditions.

Date: _____________ Owner/Customer: ___________________________________ Print: ________________________________ PLEASE SIGN AND REMIT THIS 1 PAGE DOCUMENT TO ABOVE ADDRESS. page 1 of 1
Estimator - Superior Pavement Markings, Inc. (Subject to office approval) Proposal valid for 30 days from 5/11/2020.

Superior Pavement Markings, Inc.
by: _________________________________________________
$57,993.00Total
Item 1O - 14
,,___,-lffeJ@lrff@[j
Pavement Mar/'4ing!!_
I I
Original Bid Proposal
Elecnor Belco Electric, Inc.
14320 Albers Way
Chino, Ca 91710
John Wong•Office 909-993
-5470•Fax 909-993
-5476•Extension
254•[email protected]
Traffic Signal and ADA Improvements
Project
City Project No. 15-32
Palm Springs
Superior Pavement Markings, Inc.

PO Box 278
Beaumont, CA 92223
Phone 951.845.2799
Fax 951.845.6399
Submit To: Contact: Project
Date:
12/2/21
Estimator
Dale Shults
Proposal & Contract 33651
# Description Qty um Price Ext Price
License# 776306
Union Local 1184
DIR# 1000001476
23 Traffic Striping, Signage and Markings 1 LS 54,000.00 54,000.00 Add Price Escalation Due to Thermoplastic Material Increases from 05-20 -21 to be good through 06-30-22.
1 LS 7,832.00 7,832.00
Addenda Considered = 1
Up to 10 week day mobilizations are included. Additional mobilizations at $1,750.00 ea.

Traffic control for Superior work areas during Superior work hours only.

A Minimum Of 15 Working Days Is Required Prior To Each Move In.

Quote Includes: Traffic Paint [NO] - Thermoplastic [YES] - Rpm's [YES] - Removals [YES] - Sealing [NO] - Signing [NO] - Furnish Mast Arm Signs [NO] - Temp Striping [NO] - Berm/Curb Painting [NO] All areas to be free and clear off ALL debris prior to Superior Pavement Markings' crews arriving on-site. All moves and job requirement are mentioned in notes- nothing is implied unless specifically noted. Not responsible for scheduling other sub's work or scheduling conflicts with other subs. We DOT NOT provide shop drawings of any type unless prior arrangements are made. Not responsible for removing temporary striping or temporary "tabs", tape or chip seal markers unless specifically noted. Signs on signal poles, overhead or truss structures not included unless specifically mentioned in proposal. Superior Pavement Markings is a union company and all jobs are bid using current union or prevailing wage rates.

Acceptance of Proposal and Contract:

I/we accept the within proposal. You are authorized to perform the work comprehended here under and I/we agree to pay the said amount in accordance with the terms set forth. By signing this Proposal/Contract below I/we agree to the attached Terms and Conditions.

Date: _____________ Owner/Customer: ___________________________________ Print: ________________________________ PLEASE SIGN AND REMIT THIS 1 PAGE DOCUMENT TO ABOVE ADDRESS. page 1 of 1
Estimator - Superior Pavement Markings, Inc. (Subject to office approval) Proposal valid for 30 days from 12/2/2021.

Superior Pavement Markings, Inc.
by: _________________________________________________
$61,832.00Total
6/27/2022
Kevin Higgins - Construction Manager
Item 1O - 15
,,___,-lffeJ§lrff@IF
Pavement Mar/'4ing§_
I I
Revised Bid Proposal
Item 1O - 16
~\ '

ALL AMERICAN
-ASPHALT-
March 14, 2022
Dear Customers,
A LL AJ'vt l:RIC/\N As JJ I lA L r
/\LL J\tvtERICAN Ac:;GREGATES
f 'h[ -·:3,, :-•,:,,_-, j •::- :- ·;_; ·, -11,, I
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All American Asphalt would like to thank you for your continuous business and support during the past years.

Currently, we are facing uncertain times in crude oil pricing. Our suppliers have been increasing oil prices considerably over the past month . Asphalt prices have been escalating at a dramatic rate .

Compounding the situation , we are experiencing a shortage of truck haulers which has increased our hauling cost.

All American Asphalt will be put into effect these changes regarding current and future orders :

1. Any delay time on the job or at the plant, not caused by All American Asphalt, will be billed and paid within 30 days, including working time on the job.

2. All FOB will be paid within 30 days.

3. All payments should be paid within the terms .

4. Any job quotes that are expired will need to be updated prior to placing order. Expired quotes will not be accepted and will not be put on the schedule.

5. Two weeks advance notice is required to be placed on our asphalt schedule.

Please get in contact with your sales rep with any questions and to update any expired quotes .

Thank You,
Edward J. Carlson
Vice President
To: Contact:GENERAL CONTRACTOR
TRAFFIC SIGNAL AND ADA IMPROVEMENT PROJECTProject Name: Bid Number:

Fax:

Address: ESTIMATING DEPARTMENT Phone:

Project Location: CITY OF PALM SPRINGS, CA Bid Date: 5/12/2020 Total PriceUnit PriceUnitItem DescriptionItem # Estimated Quantity $2,400.00$2,400.001.004 LSCLEARING AND GRUBBING
$6,000.00$6,000.001.005 EACHADJUST MANHOLE TO GRADE
$23,850.00$5.304,500.006 SFREMOVE EXISTING AC PAVEMENT
$16,600.00$20.00830.007 LFREMOVE EXISTING CURB AND GUTTER $57,000.00$3,000.0019.008 EACHREMOVE EXISTING ACCESS RAMP $13,200.00$4.003,300.009 SFREMOVE EXISTING SIDEWALK
$6,300.00$7.00900.0010 SFREMOVE EXISTING PCC CROSS GUTTER SPANDREL $8,400.00$70.00120.0011 SFREMOVE AND REPLACE BRICK PAVERS $15,000.00$15,000.001.0012 EACHCONSTRUCT LANDSCAPE WALL $129,200.00$6,800.0019.0013 EACHCONSTRUCT CURB ACCESS RAMP $9,000.00$60.00150.0014 SFFURNISH AND INSTALL TRUNCATED DOMES $2,850.00$95.0030.0015 SFCONSTRUCT TYPE A1 CURB AND MEDIAN $38,700.00$45.00860.0016 LFCONSTRUCT A3 CURB AND GUTTER $3,600.00$20.00180.0017 LFCONSTRUCT RETAINING CURB
$33,325.00$7.754,300.0018 SFCONSTURCT 4" SIDEWALK
$31,200.00$260.00120.0019 TONCONSTRUCT AC PAVEMENT
$14,750.00$295.0050.0020 CYCONSTRUCT 4" CRUSHED AGGREGATE BASE (AC

PAVEMENT)
$12,600.00$14.00900.0021 SFCONSTRUCT CROSS GUTTER SPANDREL 8 INCH THICK $5,775.00$11.00525.0022 SFFURNISH AND INSTALL 3" DECOMPOSED GRANITE PAVING
$429,750.00Total Bid Price:

Notes:
• Bonds, Engineering, Testing, Permits & Inspection Fees. • Price Includes: Traffic Control, Removals, Grading, Form & Pour, Restoration, and Slot Patch for AAA Portion of work only. • Excludes: TC Plan, Survey, Joint Seal, Weedkill, Concrete Additives, Color PCC (Unless otherwise noted above), Steel Reinforcement, Water Test, Fogseal, Striping, Electrical.
• Quantities used are approximate and are subject to physical measurement. Corrections, if necessary, will be made with unit prices applying. • Construction water and water truck accessible to our equipment and immediately adjacent to our work area to be supplied by others. • PCC price based on ONE (1) move-in. Cost of additional moves will be billed at $4,000.00 per move. • For scheduling of the above quoted work, please contact Maurice Ramirez at 714-395-7044. We thank you in advance for choosing All American Asphalt for all of your Roadway Improvement needs.

Item 1O - 17
~~ 1---~

ALL AMERICAN ASPHALT

LL AME 'CA GGR G - S
E
ALLAMERICA_N
--A I HALT - - -
Original Bid Proposal
ACCEPTED:

The above prices, specifications and conditions are satisfactory and hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

All American Asphalt
Authorized Signature:

Estimator: RAMIREZ, MAURICE
714-395-7044 [email protected]

Item 1O - 18
3/14/2022:15:25 PM Page 1 of 2

To: ELECNOR BELCO ELECTRIC, INC. (OLIVIA CHEA)
Address: 14320 ALBERS WAY CHINO, CA 91710
Contact:

Phone:

Fax:

Project Name: TRAFFIC SIGNAL AND ADA IMPROVEMENT PROJECT Project Location: CITY OF PALM SPRINGS, CA
Bid Number:

Bid Date: 3/14/2022

Item # Item Description Estimated Quantity Unit Unit Price Total Price 4 CLEARING AND GRUBBING 1.00 LS $2,520.00 $2,520.00
5 ADJUST MANHOLE TO GRADE 1.00 EACH $6,300.00 $6,300.00 6 REMOVE EXISTING AC PAVEMENT 4,500.00 SF $5.57 $25,065.00 7 REMOVE EXISTING CURB AND GUTTER 830.00 LF $21.00 $17,430.00 8 REMOVE EXISTING ACCESS RAMP 19.00 EACH $3,150.00 $59,850.00 9 REMOVE EXISTING SIDEWALK 3,300.00 SF $4.20 $13,860.00 10 REMOVE EXISTING PCC CROSS GUTTER SPANDREL 900.00 SF $7.35 $6,615.00 11 REMOVE AND REPLACE BRICK PAVERS 120.00 SF $73.50 $8,820.00 12 CONSTRUCT LANDSCAPE WALL 1.00 EACH $15,750.00 $15,750.00 13 CONSTRUCT CURB ACCESS RAMP 19.00 EACH $7,140.00 $135,660.00 14 FURNISH AND INSTALL TRUNCATED DOMES 150.00 SF $63.00 $9,450.00 15 CONSTRUCT TYPE A1 CURB AND MEDIAN 30.00 SF $100.00 $3,000.00 16 CONSTRUCT A3 CURB AND GUTTER 860.00 LF $47.25 $40,635.00 17 CONSTRUCT RETAINING CURB 180.00 LF $21.00 $3,780.00
18 CONSTURCT 4" SIDEWALK 4,300.00 SF $8.14 $35,002.00
19 CONSTRUCT AC PAVEMENT 120.00 TON $273.00 $32,760.00
20 CONSTRUCT 4" CRUSHED AGGREGATE BASE (AC

PAVEMENT)

50.00 CY $310.00 $15,500.00
21 CONSTRUCT CROSS GUTTER SPANDREL 8 INCH THICK 900.00 SF $14.70 $13,230.00 22 FURNISH AND INSTALL 3" DECOMPOSED GRANITE
PAVING
525.00 SF $11.60 $6,090.00
Total Bid Price: $451,317.00

Notes:
• Bonds, Engineering, Testing, Permits & Inspection Fees. • Price Includes: Traffic Control, Removals, Grading, Form & Pour, Restoration, and Slot Patch for AAA Portion of work only. • Excludes: TC Plan, Survey, Joint Seal, Weedkill, Concrete Additives, Color PCC (Unless otherwise noted above), Steel Reinforcement, Water Test, Fogseal, Striping, Electrical.
• Quantities used are approximate and are subject to physical measurement. Corrections, if necessary, will be made with unit prices applying. • Construction water and water truck accessible to our equipment and immediately adjacent to our work area to be supplied by others. • PCC price based on ONE (1) move-in. Cost of additional moves will be billed at $4,000.00 per move. • For scheduling of the above quoted work, please contact Maurice Ramirez at 714-395-7044. We thank you in advance for choosing All American Asphalt for all of your Roadway Improvement needs.

Item 1O - 19
~

ALL AMERICAN ASPHAL

ALL AMERIC GGREG T

ALL AMERICAN
--A I HAL - -
Revised Bid Proposal
3/14/2022 2:15:25 PM Page 2 of 2
ACCEPTED:

The above prices, specifications and conditions are satisfactory and hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

All American Asphalt
Authorized Signature:

Estimator: RAMIREZ, MAURICE
714-395-7044 [email protected]
City of Palm Springs
6/27/2022
Item 1O - 20

TEK Services LLC • 4749 E. Wesley Dr. • Anaheim, California 92807 • 714-336-0536 • Fax: 714-694-0116

January 10, 2022

Elecnor Belco Electric, Inc.

Olivia Chea

Re: Traffic Signal and ADA Improvements Project – Palm Springs

Dear Ms. Chea,
From our previous discussions regarding the material cost increases on traffic and roadway lighting projects in general and particularly your project in Palm Springs, attached please find our updated quotation for the video detection camera systems.

Since the project’s original bid date back in May 2020 we anticipated the project would be awarded and progress steadily in a timely manner. However, due to the inactivity of the project and the escalation of raw materials, fuel and shipping costs, we can no longer hold our original pricing. As a result, TEK Services LLC regretfully will need to update our pricing.

If you have any additional questions or concerns, please feel free to contact your sales representative at 714-336-0536.

Sincerely,
TEK Services LLC
Kim Koehl – President

Item 1O - 21
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
01- Raquet Club at Indian Canyon
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
02- Sunrise Way at Racquet Club
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

Item 1O - 22
L-L=L

SERVICES LLC
Original Quotation
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
03- Via Escuela at Gene Autry
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T

Item 1O - 23
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
04 Amado Rd at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T
05- Tahquitz at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

Item 1O - 24
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
06- Farrell Dr at Taquitz
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T

Item 1O - 25
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
07- Baristo at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T
08- Baristo at Farrell way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

Item 1O - 26
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
09- Ramon at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T

Item 1O - 27
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
10- Ramon at El Cielo Rd
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
11- Ramon at Paseo Dorotea
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

Item 1O - 28
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T
12- Mesquite at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T

Item 1O - 29
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
13- Dinah Shore at Crossley
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T
14- Palm Canyon at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

Item 1O - 30
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
15- Palm Canyon at Smoke Tree Ln
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T

Item 1O - 31
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
16- Farrell way at Palm Canyon Dr
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,048.50 32,194.00T
17- Cherokee way at Palm Canyon
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

Item 1O - 32
L-L=L

SERVICES LLC
Quote
Date
9/23/20
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,882.75 31,531.00T
Prices are valid for 30 days from the date of quote unless extended in writing. Prices on this quote include material only unless otherwise stated.

$583,998.54
$541,994.00
$42,004.54
OK
Item 1O - 33
L-L=L

SERVICES LLC
~ " ,.~ t /- .
r---- - -
~
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
01- Raquet Club at Indian Canyon
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,2 48.50 32,9 94.00T
02- Sunrise Way at Racquet Club
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T

OK
Item 1O - 34
L-L=L

SERVICES LLC
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-r11J
Revised Quotation
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 8,24 8.50 32,9 94.00T
03- Via Escuela at Gene Autry
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,9 82.75 31,9 31.00T

OK
Item 1O - 35
L-L=L

SERVICES LLC
~
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·- - - r1r7
Quote
Date
1/10/22
Quote #
0423
Name / Address
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Ship To
Elecnor Belco Electric
14320 Albers Way
Chino, CA 91710
Lead Time
Terms
Net 30
Rep
KLK
Project Name/#
Palm Springs
Total
Subtotal
Sales Tax (7.75%)
PO Box 2096
Yorba Linda, CA 92885
Ph. (714) 336-0536
Fax (714) 694-0116
Email: [email protected]
Description
Qty Each Price Total
04 Amado Rd at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
2 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T
MON-17HDMI 17in. Color LCD Monitor Drawer (Generation 4 LCD, 1U rack mount drawer with monitor, 1 composite video, 1 VGA and 1
HDMI video input) (NTSC/PAL)
1 EA 0.00 0.00T
SURGEPAN Power & Video Surge Protection Panel w/ mounting for up to 4 Suppressors (Din Rail Configuration)
1 EA 0.00 0.00T
TURN ON SUPPORT Turn on requests outside of normal business hours M-F 8:00am-5:00pm will require a $1,200.00 additional charge.
1 EA 0.00 0.00T
VECTOR-EDGE Vantage Vector Sensor Unit for EDGE2 Platform; NTSC/PAL 115/230VAC, integrated sensor that includes a compact color
wide dynamic range zoom camera and radar unit. Wi-Fi enabled camera setup. Pole mount bracket also included.
4 EA 7,9 82.75 31,9 31.00T
05- Tahquitz at Sunrise Way
EDGE2-1N-PAK Vantage Edge2 Processor with SmartCycle technology - 1 Camera Input, 12/24VDC (Includes EDGE2KIT1) w/ Intersection
Software VECTOR-EDGE Compatible
4 EA 0.00 0.00T
EDGE2EM2-PAK Vantage Edge2 Extension Module - 2 Channel, 24VDC, Includes RJ45

EMCABLE)
4 EA 0.00 0.00T
EDGECONNECT-PAK Iteris Vantage EdgeConnect, IP addressable Ethernet module (Includes EM Cables, Ethernet Patch Cable, Multi-Video
Cable, Ethernet Crossover Cable, Null Modem Serial Cable, USB Mouse, Software, & Manual) 1 EA 0.00 0.00T