Palm Springs City Council
February 21, 2023

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

FEBRUARY 21, 2023

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) February 21, 2023 City Council Regular Meeting Agenda 2 PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of January 26, 2023.

C. APPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC., FOR FIRE DEPARTMENT

RADIOS AND INSTALLATION SERVICES
RECOMMENDATION:

Approve Cooperative Purchase Agreement No. A9374 with Airwave Communications Enterprises Inc., to provide PSEC compatible radios and installation services for the City of Palm Springs Fire Department in an amount not to exceed $149,926.59.

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

2. D. APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH FIVE

YEARS OF SUBSCRIPTIONS AND SUPPORT
RECOMMENDATION:

Approve the purchase of next-generation firewalls with five years of subscriptions and support from Vector USA for $248,087 based on a cooperative contract.

February 21, 2023 City Council Regular Meeting Agenda 3 E. ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $99,581 AND APPROVE THE PURCHASE OF NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF $87,198
RECOMMENDATION:

Accept a grant award from the California State Library in the amount of $99,581 and appropriate to Information Technology Department Account 1001025-40105.

1. Approve the purchase of networking equipment from AMS.Net for $87,198 through a cooperative contract.

2. F. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17 RECOMMENDATION:

Accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Arnico Phase 4 Sewer Improvements, City Project 21-17.

G. AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $40,253,919.80, APPROVAL OF A PROFESSIONAL SERVICES

AGREEMENT WITH HARRIS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $4,126,517.54 FOR CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES, AND APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 WITH DOKKEN
ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630 FOR ADDITIONAL

GEOTECHNICAL SERVICES FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11 RECOMMENDATION:

Award a construction contract to Steve P. Rados, Inc., (Rados) in the amount of $40,253,919.80 for the Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $4,025,392 (10%), with all change orders reported to the City Council.

2. Approve a Professional Services Agreement with Harris & Associates (Harris), in an amount not to exceed $4,126,517.54, for construction management, inspection, and materials testing services for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.

3. Approve Amendment No. 3, in the amount of $83,630, to Professional Services Agreement No. 7228, for a new not-to-exceed amount of $305,386.75 with Dokken Engineering (Dokken) for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.

4. Authorize the City Manager to execute all necessary documents.5.

H. APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE February 21, 2023 City Council Regular Meeting Agenda 4 H. APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE

SUNUP ROTARY CHALK ART FESTIVAL
RECOMMENDATION:

APPROVE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,000 FOR THE

SUNUP ROTARY CHALK ART FESTIVAL

I. APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION

TO BID WASTEWATER TREATMENT PLANT (WWTP) SLUDGE DRYING
BEDS, CITY PROJECT 21-05
RECOMMENDATION:

Accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the WWTP Sludge Drying Beds, City Project 21-05.

J. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTED BUSINESSES RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2082, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM

SPRINGS MUNICIPAL CODE RELATING TO ADULT-ORIENTED BUSINESS REGULATIONS.”

K. APPROVAL OF AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-23
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN
FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033.”

1. Authorize the City Manager to execute all documents necessary to effectuate this action.

2. L. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JANUARY 1 THROUGH JANUARY 31, 2023
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of January 1 through January 31, 2023.

M. APPROVE AN APPROPRIATION OF $392,000 FROM THE GENERAL FUND February 21, 2023 City Council Regular Meeting Agenda 5 M. APPROVE AN APPROPRIATION OF $392,000 FROM THE GENERAL FUND

BALANCE TO THE BUILDING & SAFETY DEPARTMENT FOR CONTRACTUAL

SERVICES
RECOMMENDATION:

Approve an appropriation of $392,000 from the General Fund Balance to the Building & Safety Department for contractual services.

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

A. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE, (MASTER APN #512-120-070), CASE HSPB #140
RECOMMENDATION:

Open the public hearing and receive public testimony. 1.

Close the public hearing and if in agreement with the HSPB recommendation, adopt the following resolution and if not in support of the HSPB recommendation, deny a Resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE VILLA ROMA GARDEN HOMES LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE AS A HISTORIC DISTRICT “HD-9” / CASE HSPB 140 SUBJECT TO CONDITIONS (MASTER APN 512-120-070).”

2. B. DTPS B-3 LLC REQUEST FOR EXTENSION OF TIME FOR A TENTATIVE

TRACT MAP APPROVAL ASSOCIATED WITH THE CONSTRUCTION OF A SIX STORY, 73,300-SQUARE FOOT MIXED USE BUILDING (MULTI-FAMILY RESIDENTIAL CONDOMINIUMS AND COMMERCIAL) WITH 45 FOR-SALE

RESIDENTIAL UNITS AND GROUND FLOOR COMMERCIAL LOCATED ON BLOCK “B” OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE NO. TTM 37935 EOT)
RECOMMENDATION:

Open the hearing and receive public testimony.1.

Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A one-year EXTENSION OF TIME FOR CASE NO. TTM 37935; A tentative tract map for a one-lot subdivision for condominium purposes (45 RESIDENTIAL UNITS)

ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN

LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND
MUSEUM WAY.”

2. C. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE February 21, 2023 City Council Regular Meeting Agenda 6 C. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE

CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS

COVENANT BETWEEN THE CITY OF PALM SPRINGS AND BELL LOFTS,

LLC, A CALIFORNIA LIMITED COMPANY (DBA DESCANSO RESORT)

PURSUANT TO THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM RECOMMENDATION:

Open the public hearing and receive public testimony.1.

Approve a Hotel Operations Covenant Agreement with Bell Lofts, LLC for the Descanso Resort located at 288 East Camino Monte Vista.

2. Authorize the City Manager to execute all necessary documents.3.

3. BUSINESS & LEGISLATIVE:

A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TERMINATING THE LOCAL COVID-19 EMERGENCY,
EFFECTIVE FEBRUARY 28, 2023; DIRECTION REGARDING THIRD-PARTY

FOOD DELIVERY FEES AND TELECONFERENCING
RECOMMENDATION:

Adopt a resolution proclaiming the termination of the existence of a Local Emergency (Novel Coronavirus “COVID-19”) declared March 14, 2020, and rescinding Resolution No. 24738, which ratified the City Manager/Director of Emergency Services’ Declaration of the Existence of a Local Emergency for COVID-19.

1. Provide direction to City staff and City Attorney with regard to:

Service delivery fee regulation; and
Teleconferencing by Councilmembers/Boardmembers/Commissioners

2. B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL

ACTION PLAN AND BUDGET DISCUSSION
RECOMMENDATION:

Provide staff with recommendations for the CDBG Annual Action Plan and Budget for the 2023 – 2024 Fiscal Year.

C. APPROVAL OF SCOPE OF WORK AND AUTHORIZE REQUEST FOR

QUALIFICATIONS (RFQ) FOR ARCHITECTURE AND DESIGN SERVICES FOR

THE PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECTS 16-08 AND 19-18
RECOMMENDATION:

Review and approve the additional unfunded Scope of Work to be included in the RFQ and authorize Staff to advertise and solicit through an RFQ process for the Palm Springs Public Library renovation project, City Projects 16-08 and 19-18.

D. GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2022-23 February 21, 2023 City Council Regular Meeting Agenda 7 D. GENERAL FUND, CAPITAL, AND AIRPORT MID-YEAR FISCAL YEAR 2022-23

BUDGET UPDATE
RECOMMENDATION:

Receive and file.

E. DISCUSSION REGARDING REGULATORY APPROACH TO MANAGED

CO-OWNED PROPERTIES (PACASO)
RECOMMENDATION:

Discuss and provide direction to staff regarding a possible regulatory approach to managed co-owned properties.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on February 15, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website February 21, 2023 City Council Regular Meeting Agenda 8 www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

February 21, 2023 City Council Regular Meeting Agenda 9

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:
3:30 P.M. CLOSED SESSION
Attachments
2023-02-21 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Tuesday, February 21, 2023 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760- 323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

EXISTING LITIGATION G.C. § 54956.9(d)(1)

City of Palm Springs v. Desert Community College District, Riv. Sup. Ct., No. CVPS2203916

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Four (4) matters that, in the opinion of the City Council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Claim No. 22 -0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J.

Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.

Claim No. 22- 0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants.

INITIATION OF LITIGATION GC.§ 54956.9(d)(4)

Under existing facts and circumstances, there is one (1) matter the City Council has decided or may decide to initiate litigation.

Closed Session Agenda
February 21, 2023

CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. § 54956.8

Property:

City Negotiator:

Negotiating parties:

Under negotiation:

APN #504-030-012, approx. 6.91 acres located in Desert
Palisades
Teresa Gallavan, Interim City Manager; Flinn Fagg, Deputy City Manager
Pinnacle View, LLC
Price and terms of transfer

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
119.4 acres of real property, located on the Northwest Corner of Indian Canyon Dr. and Tramview Road
Teresa Gallavan, Interim City Manager
Desert Community College District
Price and Terms

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
3400 Tahquitz Canyon Way, Palm Springs (portions of PSP Airport) Teresa Gallavan, Interim City Manager; Harry Barrett Jr., A.A.E.

Executive Director of Aviation
Chief Planning and Development Officer, Agua Caliente Band of Cahuilla Indians
Price and Terms of Payment (Lease)

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: February 21, 2023 CONSENT CALENDAR
SUBJECT: FINDI

NGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION,
AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM: Teresa G
allavan, Interim City Manager
BY: Brenda Pree, Cit
y Clerk
RECOMMENDATION:

Find that the C
ity Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, C ommission, and Committee meetings may be held by videoconference, in accordance with AB 361.

BACKGROUND:

Governor News
om’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to ut
ilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:
(1) state or loc
al officials have imposed or recommended measures to
promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Counc
il must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff an
d the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - Page 1
City Council Staff Report
February 21, 2023 -- Page 2
Virtual Meetings Under AB 361
As such, City S taff and the City Attorney recommend that t he City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There i
s no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
Item 1A - Page 2

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of January 26, 2023.

Attachments
Item 1B
Thursday, February 09, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL
TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, February 09, 2023, at 5:30 p.m.

PLEDGE OF ALLEGIANCE:

Kamryn Cavoretto, 7-year-old 2nd grader from Cahuilla Elementary School. He enjoys math, Minecraft, Legos and his older sisters.

ROLL CALL:

Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

Absent: None.

City Staff

Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City Clerk and Cassandra Edney, Deputy City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

None.

ACCEPTANCE OF THE AGENDA:

By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1G removed by staff for correction.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of February 09, 2023 was called to order by Mayor Garner at 3:32 p.m.,
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda with no reportable action.

Item 1B - Page 1
City Council Minutes February 09, 2023

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

EXISITING LITIGATION – Pursuant to Government Code section 54956.9(d)(1):

Worker’s Compensation Claim # 22-160550 (Andrew Cotter)

CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Two (2) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there is one (1) matter the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8

Property Description: H ighway 111, within the City of Palm Springs jurisdictional boundaries
City Negotiator: Teresa Gallavan, Interim City Manager; Joel Montalvo, City Engineer

Negotiating Parties: California Department of Transportation (CalTrans)

Under Negotiation: Price and Terms of transfer

Property: Lot W of Tract 3554, located in Desert Palisades Community

City Negotiator: Teresa Gallavan, Interim City Manager, F linn Fagg, Dep.

City Manager

Negotiating Parties: Pinnacle View, LLC

Under Negotiation: Price and Terms

PUBLIC COMMENT:

Mike Guerra
Danny Parodi
Irene Gilbert
Tiffany Poremba
Kate Castle
Mark Davis
Michael Joseph Pitkin
Item 1B - Page 2
City Council Minutes February 09, 2023

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

Brian Hurd
Ginny Foat
Richard Weintraub
Joshua Gottheium

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the consent calendar with 1G being removed for staff correction.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. APPROVAL OF MINUTES:

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, January 26, 2023.

C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt Resolution No. 25085 entitled, "A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01 -07-23 AND 01-21- 23 TOTALING $4,265,785.49 AND ACCOUNTS PAYABLE WARRANTS DATED 01 -05-23 AND 01 -19-23 TOTALING $8,672,298.41, IN THE AGGREGATE AMOUNT OF $12,938,083.90, DRAWN ON BANK OF AMERICA.”

D. RATIFYING THE ANNUAL ADJUSTMENT OF THE ACCES LINE RATE PURUSANT TO PALM SPRINGS MUNICIPAL CODE 3.39.050 APP RVED BY VOTERS BY MEASURE “G”.

MOTION BY COUNCILME MBER MIDDELTON, SECOND BY
COUNCILMEMBER DEHARTE, CARRIED 5-0 to adopt Resolution No. 25086 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RATIFYING THE ANNUAL ADJUSTMENT OF THE Item 1B - Page 3
City Council Minutes February 09, 2023

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

ACCESS LINE RATE PURSUANT TO PALM SPRINGS MUNICIPAL CODE §3.39.050 APPROVED BY VOTERS BY MEASURE “G”.

E. REQUEST FOR APPROVAL OF ADDITIONAL FUNDING FOR THE TURF

CONVERSION MATHING REBATE PROGRAM

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve an additional appropriation of $300,000 from the General Fund’s Climate Action allocation to provide a match to DW A’s turf conversion rebate.

F. APPROVE CONTRACT SERVICE AGREEMENT NO. A9183 WITH JOHNSON

CONTROLS FIRE PROTECTION, LP TO TEST AND INSPECT THE FIRE ALARM SYSTEM AT PALM SPRINGS INTERNATIONAL AIRPORT.

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve contract service agreement No. A9183 with Johnson Controls Fire Protection, LP to test and inspect the fire alarm system at the Pa lm Springs International Airport and provide repairs as needed, in an amount not to exceed $90,000, beginning January 1, 2023, through December 31, 2025.

G. SECOND READING AND ADOPTION OF ORDINANCE NO. 2082 OF THE CITY

OF PALM S PRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICI PAL CODE SECTION 5.77 RELATING TO ADULT-ORIENTATED BUSINESSES

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to pull for correction and to be considered the First Ordinance Reading for Ordinance No. 2082 “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE

PALM SPRINGS MUNICIPAL CODE RELATING TO ADULT -ORIENTED BUSINESS REGULATIONS.”

H. SECOND READING AND ADOPTION OF ORDINANCE NO. 2081 ENTITLED “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS
MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION 11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to Second Reading for ordinance No. 2081, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 16.04 OF THE PALM SPRINGS MUNICIPAL CODE ENTITLED “GENERAL RULES AND REGULATIONS” AND SECTION Item 1B - Page 4
City Council Minutes February 09, 2023

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

11.08.080, RELATING TO TRESPASS ON RESIDENTIAL AND PUBLIC PROPERTY.”

I. A REQUEST BY JOHN W. MICH, OWNE R, FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 1851 SA NDCLIFF

ROAD, A CONTRIBUTING STRUCTURE IN THE SANDCLIFF G ARDEN APARTMENT HOMES HISTORIC DISTRICT (APN #510-040-011), (HSPB #96/HD-5)

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to; approve a Mills Act Historic Property Preservation Agreement bet ween the City of Palm Springs, John W. Mich, and the S andcliff Homeowners Association.

J. APPROVE REPAIR TO CHAIRMAN OF THE LINKS SCULPTURE IN THE AMOUNT OF $895 PUBLIC ARTS FUND

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to; approve repairs to the Chairman of the Links sculpture located at 124 South Palm Canyon Drive in the amount of $895 of Public Art Funds.

K. APPROVE THE USE OF PUBLIC ART FUNDS IN THE AMOUNT OF $3,333 FOR

THE PALM SPRINGS ART MUSEUM BLACK HISTORY MONTH ART EVENT

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve funding in the amount of $3,333 of Public Art Funds to the Palm Springs Art Museum for Black History Month artist fees.

L. ACCEPT AN AWA RD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE AMOUNT OF $20,398, APPROVE AN INTERLOCAL AGREEMENT WITH

OTHER PARTICIPATING RIVERSIDE COUNTY CITIES AND THE COUNTY OF RIVERSIDE, AND AUTHORIZE ADMINISTRATION OF THE GRANT.

MOTION BY COUNCILMEMBER MIDDELTON, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to approve the acceptance of a grant award from the United States Department of Justice in the amount of $20,398 for the 2022 Justice Assistance Grant (JAG) Program and approve Interlocal Agreement 23F014 with the County of Riverside and various cities within Riverside County, authorizing the County of Riverside to administer the grant on behalf of participating agencies.

2. PUBLIC HEARINGS:

A. AP AN APPLICATION BY THE CITY OF PALM SPRINGS FOR HISTORIC DESIGNATION OF “THE SECURITY FIRST NATIONAL BANK” LOCATED AT 500 SOUTH INDIAN CANYON DRIVE, (APN #508-121-001), CASE HSPB #137
Item 1B - Page 5
City Council Minutes February 09, 2023

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

Public Speakers for Public Hearing – Barbara Marshall, Gary Johns, Chris Jares, and Jeff Pieper.

MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, PASSED 4 -1 ( Bernstein, Jef frey) to deny the application and request for further conversation per the owners request to figure out how to come to an agreement.

B. ADOPT A RESOLUTION AMENDING THE CITY’S COMPREHENSIVE FEE

SCHEDULE TO INCORPORATE THE PROPOSED VACATION RENTAL
JUNIOR PERMIT FEE, TO BECOME EFFECTIVE APRIL 10, 2023

MOTION BY COUNCIL MEMBER MIDDLETON, SECOND BY COUNCILMEMBER DEHARTE, PASSED 4 -0-1 (Holstege, Chr isty R ECUSED) to adopt a R esolution No. 25087 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ESTABLISHING THE FEE FOR THE VACATION RENTAL JUNIOR PERMIT.”

C. AN APPLICATION BY THE VILLA ROMA HOMEOWNERS’ ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF “THE VILLA ROMA GARDEN HOMES” LOCATED AT 2500 SOUTH SIERRA MADRE DRIVE (MASTER APN #512-120-070), CASE HSPB #140

This item will be requested to be continued on a date certain of February 21, 2023.

***RECESS FROM 7:33 PM TO 7:44PM***

3. BUSINESS & LEGISLATIVE:

A. APPROPRIATE $3,000,000 FOR THE PALM SPRINGS NAVIGATION CENTER;

APPROVE A RESOLUTION ADOPTING A NONDISCRIMINATION POLICY FOR HOMEKEY FUNDED PROJECTS; AND RECEIVE AN UPDATE ON THE
NAVIGATION CENTER PROJECT.

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0 to appropriate and budget funds in the amount of $3,000,000 for the Navigation C enter project located at 3589 McCarthy Road and to adopt a Resolution No. 25088 entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NONDISCRIMINATION

POLICY FOR ANY PROGRAM OR ACTIVITY FUNDED IN WHOLE OR IN PART WITH HOMEKEY FUNDS.”

B. ADOPT A RESOLUTION DETERMINING AND RECOGNIZING AREAS IN THE

CITY NOT LOCATED IN A CITY- RECOGNIZED NEIGHBORHOOD FOR THE PURPOSE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.25 – VACATION

RENTALS
Item 1B - Page 6
City Council Minutes February 09, 2023

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (Holstege, Christy RECUSED) to adopt a Resolution No. 25089 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, DETERMINING AND RECOGNIZING AREAS IN THE CITY THAT

ARE NOT LOCATED IN A CITY-RECOGNIZED NEIGHBORHOODS FOR PURPOSE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.25 – VACATION RENTALS.”

C. DISCUSSION OF PROPOSED AMENDMENTS TO THE OPERATIONS

COVENANT, TRANSIENT OCCUPANCY TAX SHARE, AND SITE PLAN

REVISIONS FOR THE ORCHID TREE HOTEL DEVELOPMENT LOCATED AT 222 S. CAHUILLA ROAD

DISCUSSION AMONGST COUNCIL AND FLINN IN REGARD TO STATUS OF THE REQUEST. DEVELOPER, RICHARD WEINTRAUB, ANSWERS QUESTIONS FROM COUNCIL. COUNCIL DISAGREES WITH THE REQUEST AND ADVIS ES STAFF AND DEVELOPER TO HAVE FURTHER CONVERSATIONS.

PUBLIC COMMENT:

Michael Joseph Pitkin, resident
David Feltman
Richard Noble
Dorian Whitney

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA

DEVELOPMENT

Interim City Manager Gallavan and the City Council discussed the tentative upcoming meeting schedule and agenda items.

ADJOURNMENT:

The City Council adjourned on Thursday, February 09, 2023, at 9:13 PM.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1B - Page 7

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

APPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC., FOR FIRE DEPARTMENT RADIOS AND

INSTALLATION SERVICES
RECOMMENDATION:

Approve Cooperative Purchase Agreement No. A9374 with Airwave Communications Enterprises Inc., to provide PSEC compatible radios and installation services for the City of Palm Springs Fire Department in an amount not to exceed $149,926.59.

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

2. Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 21, 2023 CONSENT CALENDAR

SUBJECT: A PPROVE COOPERATIVE PURCHASE AGREEMENT NO. A9374 WITH AIRWAVE COMMUNICATIONS ENTERPRISES INC. , FOR FIRE

DEPARTMENT RADIOS AND INSTALLATION SERVICES

FROM: Teresa Gallavan, Interim City Manager

BY: Fire Department

SUMMARY:

This action will approve Cooperative Purchase Agreement No. A9374 with Airwave Communications Enterprises Inc. , in an amount not to exceed $149,926.59, for public safety enterprise communications (PSEC) compatible radios and installation services for the City of Palm Springs Fire Department.

RECOMMENDATION:

1. A pprove Cooperative Purchase Agr eement No. A9374 with Airwave Communications Enterprises Inc., to provide PSEC compatible radios and installation services for the City of Palm Springs Fire Department in an amount not to exceed $149,926.59, and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form included as Attachment B , Airwave Communications Enterprises Inc. is a Limited Liability Company registered in the State of California.

BACKGROUND:

In 2008, Council approved the purchase of portable and mobile radios for employees City- wide. These radios are used routinely as a means of communication by Police, Fire, Emergency Management, Airport, Parks & Recreation, Streets, Code Compliance and Facilities and Maintenance personnel. Using these radios, Police and Fire personnel can Item 1C - Page 1
City Council Staff Report
February 21, 2023 -- Page 2
Approve Cooperative Purchase Agreement (A9374) with Airwave Communications Enterprises Inc.

communicate directly with the Dispatch Center and allied public safety agencies. Other City Departments use the radios primarily to communicate with other City employees in the course of their duties but also have direct access to the Dispatch Center. The use of portable and mobile radios enables efficient delivery of services to the community, promotes the safety of City employees, and ensures effective communication. Existing radios are out of warranty and have reached their end of life. Many of the radios purchased in 2008 are no longer operable.

STAFF ANALYSIS:

The City of Palm Springs currently uses the Eastern Riverside Interoperable Communications Authority (ERICA) radio system , a Joint Powers Authority (JPA) with four other local municipalities. The ERICA JPA will dissolve in June of 2023. All other members of the JPA – the Cities of Beaumont, Cathedral City, Desert Hot Springs, and Indio – are in the process of transitioning from ERICA to the Public Safety Enterprise Communications (PSEC) radio system, a County -wide radio system operated by the Riverside County Sheriff’s Department. Remaining on ERICA would negatively impact the ongoing ability of Police and Fire to communicate with allied public safety partners and require the City incur all operational, maintenance, upgrade and repair costs associated with the system following the disbanding of the JPA. Continued use of ERICA infrastructure for communications would require millions of dollars’ worth of upgrades to ensure long-term operability.

Numerous law enforcement agencies and fire departments across the County have already joined PSEC. A transition to the PSEC radio system will ensure interoperable communications between the City’s public safety employees and other allied agencies Countywide. PSEC will also serve as a platform for communications with and between all other City Departments.

A transition to PSEC will require that the City utilize radio equipment that meets the Project 25 (P25) suite of standards for interoperable digital two- way radio products as indicated below. Information on Project 25 Standards can be found here:

Project 25
Technology Interest Group (project25.org). The proposed radio purchases meet all P25 compliance requirements.

The Fire Department had a specific need for a radio that had just entered production when the solicitation was released for the initial set of public safety radios. Therefore, the Fire Department has standardized on Kenwood radios and could not have their needs met by this earlier solicitation. Staff utilized a cooperative contract as allowed by Title 7.09.010 of the Municipal Code and is procuring these needed radios through NASPO Value Point contract 00318. JVC Kenwood USA Corporation is the holder of this contract but uses authorized resellers for the distribution of their radios of which Airwave Communications Enterprise is the local reseller.

Item 1C - Page 2
City Council Staff Report
February 21, 2023 -- Page 3
Approve Cooperative Purchase Agreement (A9374) with Airwave Communications Enterprises Inc.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 4B, Good Governance.

FISCAL IMPACT:

Funding has been allocated for these purchases and is available in the current fiscal year in Capital Improvement Project Account 2615000-80000.

REVIEWED BY:

Department Director: Jason Loya
Procurement & Contracting Manager: Kim Baker
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Agreement No. A9374
B. Public Integrity Disclosure

Item 1C - Page 3

ATTACHMENT A
Item 1C - Page 4

Revised 2.9.22 Page 1 of 12

COOPERATIVE PURCHASE AGREEMENT A9374

RADIOS FOR CITY OF PALM SPRINGS FIRE DEPARTMENT
NASPO VALUEPOINT CONTRACT 00318

This Cooperative Purchase of radio equipment repair and installation services Agreement (“Agreement”) is entered into by and between th e City of Palm Springs, a California charter city and municipal corporation (“City”) and AIR WAVE COMMUNICATIONS ENTERPRIS ES INC., a California Corporation (“Cont ractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. BACKGROUND.
a. This Agreement is made and entered int o in reference to the compe titively solicited NASPO ValuePoint Contract No. 00318 with Contractor (“Cooperative Agreement”).
b. The City desires to obtain services for the purchase of Public Safety Enterprise Communications (PSEC) compatible radios for the City of Palm Springs Fire Department attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety. c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. TERM. Unless earlier terminated in accordance with Section 10 if this Agreement, this Agreement shall continue in full force and effect, commencing on the date of Notice to Proceed, and ending on the expiration of NASPO ValuePoint Contract 00318.

3. COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed $149,926.59, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “A”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

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

5. INSURANCE. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment " B", incorporated herein by reference. I f no insurance is required Attachment “ B” will reflect that there are no requirements.

6. INDEMNIFICATION. To the fullest extent permitted by law, Contr actor shall def end (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, em ployees, 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, Item 1C - Page 6

Revised 2.9.22 Page 2 of 12

orders, penalties , and expense s including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death 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, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that aris e out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes C laims arising f rom the sole negligence or willf ul misconduct of the Indemnified Parties. Under no circumstances shall the ins urance requirements and limits set forth in this Agreement 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 st atute of limitations or, if an action is timely filed, until such action is final.

7. NOTICE. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

To City: City of Palm Springs
A ttention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs , California 92262

To Contractor: Airwave Communication Enterprises Inc.

Attention: Shelly Ciaramitaro
7213 Old 215 Frontage Road
Moreno Valley, CA 92553

8. Compliance with Law . Contractor shall com ply with all app licable federal, state, and local laws, st atutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.

9. Changes. In the event any change or changes in the work is requested by City, Parties shall ex ecute 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, w ork product, or Work, when required by the enactment or revision of any subsequent law; or b. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contrac tor’s profession.

Item 1C - Page 7

Revised 2.9.22 Page 3 of 12

10. Termination Prior to Expirati on of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an imm ediate danger t o 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, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contr actor 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 lia ble for any cos ts 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 termination of Work. If the termination is for cause, the City shall have the 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, upo n 30 days written notice to City.

11. Covenant Again st Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against a ny 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”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precede nt 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, inclu ding 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 Contractor is in full co mpliance 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.

12. Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the par ties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[SIGNATURES ON NEXT PAGE]
Item 1C - Page 8

Revised 2.9.22 Page 4 of 12

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF RADIOS FOR CITY OF PALM

SPRINGS FIRE DEPARTMENT AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AIRWAVE COMMUNICATIONS ENTERPRISES INC.

IN WITNESS WHEREOF, th e 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:

APPROVED BY CITY COUNCIL:

Date: __________ Item No. ____

APPROVED 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 1C - Page 9

Revised 2.9.22 Page 5 of 12

ATTACHMENT “A”

SCOPE OF WORK
AND

QUOTE / PRICING

Item 1C - Page 10

Revised 2.9.22 Page 6 of 12

The scope of the services will be as outlined in the NASPO ValuePoint Contract 00318 and detailed quote number 2010451176 dated 12/09/2022 on the following pages.

Item 1C - Page 11

Revised 2.9.22 Page 7 of 12

Item 1C - Page 12
Clt~~t\X)~
nu OLD 215 FRONTAGE RO
MORWO VAU.E.'i, CA 92SS3
(~5116~~
?SJl30 GERAlD FORD DRJV£. SIJITT 203
PALM DESERT, CA 92211
(760) 8:M.....,
bill to:

PALM SPRINGS FIRE
Shawn Arden
300 N. EL CIELO ROAO
PALM SPRINGS, CA 92262
414 SOUTH J STREET
IMPERIAL, CA. 922 Sl
(760) 355 -2804
2727 SUPPl.Y AV£
COMMERCE. CA 90CMO
(323)n5-0998
Quote
Estimate Oa1e:

Es11mate Number:

Total Amount:

Payment Terms.:

Sales Representative
Expiration Date
Dec-09-2022
2010451176
$149,926 .59
Net30
Shelly A CJaramitaro
·········'"" "'"· "'"" ""·""""" "" '" "" '"" '"''''""··· .................... , ...... ,,,,., .......... , ......... , .... , ........ , .... ,,,,,.,,,,, ,. ........ , ......... ,,,,.,.., .... ,. ........... .,,,.,,..,,,.,. . .,,,.,,, . .,,.,,,. .... , ship to: summary:

PALM SPRINGS FIRE Estim ate Date: 12/09/2022
Shawn Arden Estimate Number: 2010451176
300 N. EL ciao ROAO Estimate Amount : $149,926.59
PALM SPRINGS, CA 92262 Payment Terms: Net 30
Desaiptlon Item Quantity Total
Details Price Price
VPSOOO Special promo $3,395.79 35 $118,852.62
VP8IXJO, M3, GR Freauency VHF Firtau•ncy-7800 7/800 MHz Model Full Keypad (M3/ HoU$/ng HI Vlslf,/lily (G,een/ Model Options 2SUVP500000l lntrinskolly So/e Model Options lmmtrsJon Ant~nno J<RA·47M8 Wideband Antenna Battery KNB-LS7 U•lon IS (3800 mAh/ Speoker Microphone KMC•70GR KMC•lOGR Sp,oker Mic (optlonol/ /111-Vl:J Proto«>/ AnoJ.og FM Prorocof PZ5 CAI AMB.E+-2 System Analog Corw6ntlonol Sys rem P1S Cor,ventionol System P1S Phos~ 1 Trunking Systtm P25 Phase J IDMA Oionnels 4096 Ch EnayprJon Multi Key AES Encryption ARC4 {ADP Compatible) Prog and Doto c,mvtntlonol Voting Seen PrOQ ond Daro TrueVofce Noise Concellotion Pror, and Data WIFI Prog and Doto 8/uetooth Prog and Daro Bluttooth low Energy Prog and Doto P25 OTAR Prog and Doto OTAP (Ovtt-thf!'>Air Programming} Prog ond Doto GPS Prag and Dara Keypad Ptogromming (US Federal Government Only}Prog and Dato 2.SKHt Disabled Prog and OotD Instant Aea,rdlng Replay Prag orrd Dato Voice R-ccording (included} Wo"onty 3 Year KENWOOD KSP·SM $107.41 35 $3,759.21
KENWOOD NX 5200/ 5300 AA Alkaflnt Rtf/floble Battery Pack /22 AA: 9V}. Cells nor induded..

Not~: The color of rhe case is International Oronge.

KN8•LS7 $270.36 35 $9,462.68
LI-On Battery 3800 MAH
Shipp ing $255.00 l $255.00
Shipping & Handling
0,1111'St um? Aifv IJ'IC Commun cuhon El'lt I I Mortr'lo \lat tY, CA I 92553 Cc"ltact IJS w;!nf liif' a:int:itt lnformatJon on 1he ~,..,? P/',on,c, T. 951.656 5i99 I [Ccmp11n\•.Comp.a.,yWebSrte J

Revised 2.9.22 Page 8 of 12

Item 1C - Page 13
Cli~JX11Yi,~
721.3 OlO 21.S FRONTAGE RO
MORENO VAllEX CA 92SS3
(951)656-5699
7S-430 GERMO FORO OOl\/1:· SUITE 203
PALM DESERT, CA 92211
(760)334-8967
bill to:

PALM SPRINGS FIRE
Shawn Arden
300 N. ELCIELO ROAD
PALM SPRINGS. CA 92262
414 SOUTHJ STREET
IMP(AIAt , CA. 92.1Sl
(760) 35S-280,,
2n1 SVPPU' AV[
COMMl:RCE. CA 900,IIO
(323) 725-0998
Quote
Estimate D;rte:

Estimate Number :

Total Amou nt:

Payment Terms;
sates Re-prasentative
Ekplratfon Date
ship to: summary:

PALM SPRINGS FIRE
Shawn Arden
300 N. EL CIELO ROAD
PALM SPRINGS, CA 92262
Estimate Date:

Estimate Number:

Estimate Amount :

Payment Terms :

Oec-09-202 .2
2010451176
$149,926 .$9
Net 30
Shelly A Claramllaro
12/09/2022
2010451176
$149,926.59
Net30
Description
Details
Item Quantity Tot11I
Price

01.sclaimer •Equip•
• This quote Is Intended for the named oony above and not for distribution. • CUSTOMER TO PROV1DE: KC /reqt.U!ncy and channel Jeltifl g « Ther~ is o 2'6 s~e fe~ for tlldlt cord transaction5.
•t>teose f'l'Ollrde PO II for order processing.
• A "Return Autiwrizotion" number musr be requested, o return fee may be uncured, credits for 1etums wiD not In.dude prior shipping or service charges. Speci(JI or Custom orders ore non.r~fundobft.
"Due to erratic changes in the current natlonol supply chain. there may /Ml a Jongtr then normal feod time for products ond setVices, as welt as changes in prices. Prices may be contingent on delivery from monufo.awer tc vendor. Pltase check with your Alrwave representative for more information
l..ote charge of 2'¼ for all Invoices past net cerm..s. "'Q-.rote Valid for 90 Doys
Programming
Not J'ncllided
KPG,36XM
KENWOOD USB P>ogrommlng lnt<rfac, coble NEW PART H KPG-236UM Per NASPO 2990045094
Almada Sojt:wa1e
Subscr/pr/Qn 5 years
KMC70GR
SPEAKER MIC, 3PF KEYS, HI-VIZ, YP-T
Price
$0.00 1 $0.00
$0.00 1 $0.00
$142 .48 1 $142.48
$425.10 1 $425 .10
$124.49 35 $4,357 .08
Subt0t11I: $137,25 4.17
Sales Tax: $12,672.42
Total: $149,926.59
Que~t,cn~? AMw.rv-;, ComrnYnk.itlor Ent 1 I Morerio vat ey, CA I 92553 Cont:lcl us usl'la tl\c 0011U1'1 lr1forl'l\llt on on th ng.,~ Phone. T· 951656 5699 I {Ccmp iin\•.Com;,a"'\'WebS,te]

Revised 2.9.22 Page 9 of 12

ATTACHMENT “C”

INSURANCE REQUIREMENTS

Item 1C - Page 14

Revised 2.9.22 Page 10 of 12

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor sha ll procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’ s performance under this Agreement.

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

Contractor shall also carry workers’ compensation insurance in accorda nce wi th California workers’ compensation laws. Such insurance shall be kept in f ull force and effect during the term of this Agreement , including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencin g the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to an d approved by City pr ior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements 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. M inimum Scop e 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 covera ge per occur rence 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 omissi ons) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($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 C alifornia and Employer’s Liability Insurance with limits of at least one million 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 related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected 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. For Workers’ Compensation and Employer ’s Lia bility Insuranc e only, the insurer sha ll waive all rights of sub rogation and contribution it may have against City, Item 1C - Page 15

Revised 2.9.22 Page 11 of 12

its elected officials, officers, employees, agents, and volunteers only as respects the Contractor’s negligence.

5. 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 otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by t his 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. Additional insured endorsem ents are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage 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 blanket Additional Insured Endorsement with the following endorsements stated on the certificate or equivalent policy approved wording:

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

B. " This insurance is primary 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 comp any 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.

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 as respects the negligence of the Contractor.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the certificates of insurance.

All certificates of insurance and endorsements are to be received and approved by t he City before work commences. All certificates of insurance mu st 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 Contractor’s obligation to provide them.

Item 1C - Page 16

Revised 2.9.22 Page 12 of 12

7. Deductibles and Self-Insured Retentions. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insu reds). This insuranc e 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 1C - Page 17

ATTACHMENT B

Item 1C - Page 5
Item 1C - Page 18

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entit~(~rin~iP,le Plac~ ~iness) C'\ I .... 20 3 ris-y,o <.JC,Y-avo, ruvCI' l)Y. 0~ · ~m uesa-0¥1-Gil~\)

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

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

5. Type of Entity
D 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 --~---;---'~----------Officer Director Member Manager ~ General Partner D Limited Partner
Other ____________ _
_ l]=-:{)Jia=::._:_\..:.....::::::..3,._~....:......::::....1.._..1..:=;:;_i,--=-..~~=------D Officer D Director D Member D Manager [name]
8,General Partner D Limited Partner
--Other ____________ _
__________________ D Officer D Director D Member D Manager (Revised 09 13 18)
[name]
D General Partner O Limited Partner
D Other _____________ _

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1C - Page 19

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

EXAMPLE
N)~ JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [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 in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13.18)
Date
1;{

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH FIVE

YEARS OF SUBSCRIPTIONS AND SUPPORT
RECOMMENDATION:

Approve the purchase of next-generation firewalls with five years of subscriptions and support from Vector USA for $248,087 based on a cooperative contract.

Attachments
Item 1D

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 21, 2023 CONSENT CALENDAR

SUBJECT: APPROVE THE PURCHASE OF NEXT-GENERATION FIREWALLS WITH

FIVE YEARS OF SUBSCRIPTIONS AND SUPPORT

FROM: Teresa Gallavan, Interim City Manager

BY: Information Technology Department

SUMMARY:

This action will approve the purchase of n ext-generation firewalls with five years of subscriptions and support.

RECOMMENDATION:

1) Approve the purchase of next-generation firewalls with five years of subscriptions and support from Vector USA for $248,087 based on a cooperative contract (Attachment A).

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for Vector Resources Inc. dba Vector Resources is included as Attachment B.

BACKGROUND:

Security best practices call for the separation of a computing environment into smaller areas for increased protection. Firewalls serve as a critical component of a strong cybersecurity posture to protect City assets. The City currently utilizes firewalls to control and monitor traffic between different computing areas and is looking to further segment, monitor, and protect systems.

Modern (“Next-Generation”) firewalls not only include the physical devices, but subscriptions which are managed by firewall vendors to keep the device up to date with knowledge of new threats hour by hour. V endors have teams that aggregate dat a from multiple sources including federal and private sector resources 24 hours a day . This process efficiently protects the City from new and emerging threats in near real time.

Item 1D - Page 1
City Council Staff Report
February 21, 2023 – Page 2
Approve Purchase Firewalls – Vector USA

STAFF ANALYSIS:

Staff researched qualified vendors searching for leaders in the next-generation firewall sector. Staff was able to shortlist the potential solutions down to two companies who are leaders in the sector . Staff then set up demonstrations of the solutions , allowing the companies to demonstrate features and functionality. Staff focused on how the potential solutions map to our existing environment, and how they can be expanded to create greater protections with less management overhead. Through these demonstrations, staff was able to determine a solution that would best serve the needs of the City in protecting the enterprise network.

After determining the correct solution, staff proceeded to work with the vendor to determine the correct models of their product catalog that would best serve the current and future needs of the City based on usage. Staff received quotes from seven authorized resellers based on nationally negotiated cooperative contracts. Vector USA responded with the lowest quote based on the NASPO Value Point Cooperative Contract: 7-17-70- 40-05 as allowed by Title 7.09.010 of the Municipal Code.

Staff is recommending approval to purchase next-generation firewall devices with five years of subscriptions, maintenance, and support with Vector USA for $248,087. Due to the security sensitive nature of the equipment being purchased and as per California Government Code § 7929.210, the product numbers and names from the quote are redacted.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A ‐ Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in Information Technology Department Account 5701025 - 60005.

Item 1D - Page 2
City Council Staff Report
February 21, 2023 – Page 3
Approve Purchase Firewalls – Vector USA

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Manger Kim Baker
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Redacted Quote
B. Business Disclosure Form

Item 1D - Page 3

ATTACHMENT A

Item 1D - Page 4
Item 1D - Page 6
WCTOR
USA

CONNECTING

PEOPLE TO

INFORMATION
AMtl lllE IORJ.O
Com an
City of Palm Springs
Vector Resources, Inc.
dba VectorUSA
8647 Ninth Street
Rancho Cucamonga, CA 91730
P: (909) 931 1022
3200 E. Tahqu itz Canyon Way
Palm S prings , CA 92262
Project Name
This quote is for the drop shipment of the listed
offered .

Carasofts NASPO Contract : 7-17-70-40-0 5
Qt
VRN 114060-005
Date: 1/ 23/ 2023
Site
City Hall
3200 E. Tahqu itz Canyon Way
Palm Springs , CA USA 92263-2743
Change Name
no professiona l serv ices are being
Unit Price Extended Price
56,770 .56 227,082 .24
VRN 114060-005
Assumptions and Exclusions: The above stated assumptions and exclusions are fully integrated and incorporated within the below terms and conditions and are to be treated as one inclusive document.

Scope of Services: VectorUSA agrees to provide the services stated in this Agreement for all Customer Premise Equipment (“Equipment”). VectorUSA does not warrant that the operation of any listed Equipment shall be uninterrupted. The services to be supplied by VectorUSA for the total charge set forth on this Agreement shall consist of personnel services required to respond appropriately to Customer incidents and issues, and requests for additional professional services and materials as required.

Charges for materials and services outside the scope of this Agreement but still required to resolve Customer requests shall be due and payable upon receipt of an invoice after the completion of the installation, repair, or other service. The charges and all other charges payable to VectorUSA under this Agreement are exclusive of federal, state or local tax, other than a tax on net income now or hereafter in effect or become applicable to any payment due under this Agreement, or to the Customer’s equipment. The Customer shall file all necessary tax returns and shall pay all such taxes.

Access:

Customer agrees to maintain, where required, a full time, dedicated Internet connection and to allow VectorUSA access to the Customer’s network via that Internet connection. Customer agrees to allow VectorUSA employees or subcontractors access to its facilities in order to perform services under this Agreement. Customer agrees to allow VectorUSA access to the covered Equipment. Customer agrees to allow VectorUSA to load any necessary management software on their systems and / or install a Vector-owned device on the Customer network as required. Customer agrees to furnish VectorUSA with Administrator-level password access for all covered Equipment and servers, where necessary. VectorUSA agrees not to prevent Customer from accessing any Equipment owned by the Customer. If persons other than VectorUSA representatives shall perform maintenance, or repair the Equipment, and as a result further repair by VectorUSA is required to restore the Equipment to good operating condition, such repair will be made at rates for additional onsite service established in this Agreement.

Limited Warranty:

VectorUSA warrants to the Customer that the material, analysis, data, programs and SERVICES to be delivered or rendered hereunder will be of the kind and quality designated and will be performed by qualified personnel. VECTOR USA MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability:

The Customer agrees that VectorUSA will not be liable for any special, incidental, indirect, or consequential damages hereunder, including but not limited to the loss of profit, or liability to third parties, however caused, whether by the act or negligence of VectorUSA or otherwise. It is recognized that the Equipment contains memories or other devices which have accumulated substantial data. In no event shall VectorUSA be liable to the Customer if any such data is lost or rendered inaccurate, regardless of the cause of any such loss or inaccuracy.

VectorUSA’s liability on any claim of loss or liability, arising out of or connected with this Agreement (including, but not limited to, loss or liability arising from VectorUSA’s breach of contract of any alleged act or negligence of Vector) shall in no case exceed the total purchase price of services covered under this Agreement. In no event shall VectorUSA’s liability for any services under this Agreement exceed $25,000. VectorUSA will in no way be held responsible and / or liable for damages, monetary or otherwise, by customer, or any other affected party, in the event of a security breach or network security-related outages, damages, losses, etc.

In no event shall either VectorUSA or the Customer be liable to the other for any indirect, special, punitive, exemplary, incidental or consequential damages (including, but not limited to, lost profits, lost business opportunities, or loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to any portion of this Agreement, regardless of the legal theory under which such damages are sought, and even if VectorUSA has been advised on the possibility of such damages or loss.

Excusable Delays:

VectorUSA shall not be liable for any failure or delay in furnishing maintenance or spare parts hereunder resulting from fire, explosion, flood, storm, Act of God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or delays in obtaining suitable material or facilities required for performance, temporary unavailability of qualified personnel, failure by Customer to provide full and appropriate access to the covered Equipment, failure of monitoring hardware or software, Customer Internet connection failure, or other causes beyond VectorUSA’s reasonable control.

Exclusions:

THIS AGREEMENT DOES NOT INCLUDE THE REPAIR OR REPLACEMENT OF ANY HARDWARE PRODUCT, OR ANY SOFTWARE LICENSING EXCEPT SOFTWARE INSTALLED AND USED EXCLUSIVELY BY VECTOR USA TO PROVIDE MONITORING AND REPORTING SERVICES. Charges for the above will be on a Time and Materials basis. The Customer is advised to maintain hardware warranties on covered equipment at their own discretion and expense. Customer is responsible to assure all software used by the Customer is appropriately licensed.

Indemnification:

Both the Customer and VectorUSA agrees to defend, indemnify and hold harmless the other party, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the Customer's use of the services in this Agreement.

Confidentiality, Publication and Non-Compete:

VectorUSA and the Customer agree that any and all information identified by the other as "Confidential" and / or "Proprietary", or which, under all of the circumstances, ought reasonably to be treated as Confidential and / or Proprietary, will not be disclosed to any third person without the express written consent of the other party. Confidential Information includes, but is not limited to, information about the respective entities' products and services, information relating to purchasing, accounting, pricing, marketing and customers not generally known in the business in which the entity has been, is or may become engaged and which is developed by, disclosed to, or becomes known as a consequence of or through each party's relationship with the other. Confidential Information does not include any information or development: (i) which is or subsequently becomes available to the general public other than through a breach by the receiving party; (ii) which is already known to the receiving party before disclosure by the disclosing party; (iii) which is developed through the independent efforts of the receiving party; or (iv) which the receiving party rightfully receives from third parties without restriction as to use. Upon the expiration of the term of this Agreement, VectorUSA shall, and shall instruct its agents to whom Confidential Information was disclosed pursuant hereto, continue to treat as confidential and preserve the confidentiality of all Confidential Information received from the Customer.

Neither VectorUSA nor Customer shall directly or indirectly, solicit, recruit or hire any Customer or VectorUSA personnel, whether or not such personnel performed work for the Customer, during the term of this agreement and for a period of one (1) year after the termination of this agreement. The provisions of this Section shall survive the termination or expiration of the Agreement.

Item 1D - Page 7
Item 1D - Page 8
VRN 114060-005
lndemnifjcatjon; The Parties agree to hold each other, their emplo yees, officers, directors, affiliates, and agents harmless from and to defend and indemnify each other from and against any and all claims, actions, disputes , fines, penalties, liquidated damages, reasonable legal costs, or other loss or liability arising from the negligent acts or omissions of the Party, its employees, officers, directors, affiliates and agents under this Agreeme nt .

Software and OperaUng System Errors; This Agreeme nt is limited to services specifically defined in this Agreement . It is the responsibility of the Customer to ensure that all of its files are adequately backed up and that all necessary materials are available, includ ing manufacturer recovery media for software and other software to be reloaded . In no way is VectorUSA liab le for defects or "bugs" In software, or for correct ing errors introduced into the data, programs, or any other software due to hardware failu re, or for any cost of reconstructing software or lost data . Any techn ical support required to restore data integr ity or to make the system funct ion, such as, but not limite d to, rebuilding corrupted records, examining files, re-installation of O /Sor Software, or re-indexing databases, will be billed separate ly on a Time and Mater ials basis.

Software and Operating System Errors; This Agreement is limited to services specifically defined In this Agreement. It Is the responsibi lity of the Customer to ensure that all of its files are adequately backed up and that all necessary materia ls are available, Including manufacturer recovery media for software and other software to be reloade d. In no way is VectorUSA liable for defects or "bugs" in software, or for correcting errors introduced into the data, programs, or any other software due to hardware failure, or for any cost of reconstructing software or lost data. Any techn ical support required to restore data integrity or to make the system function, such as, but not limited to, rebu ilding corrupted records, examining files, re-insta llation of O /Sor Software, or re-indexing databases, will be billed separately on a Time and Mater ials basis.

Appljcable Law: This Agreement shall be governed by the laws of the State of California . It constitutes the entire Agreement between the Customer and VectorUSA. Its terms and condi tions shall prevail should there be any variance with the terms and cond itions of any order submitted by the Customer for the repair or maintenance of the Equipment in the Equipment .

Either party may terminate this Agreement at any time for failure of the other to comply with any of its Terms and Conditions.

The Customer represents that he Is owner of the Equipment subject to this Agreement or If not the owner, he has authority to enter into the Agreement.

Scope of Agreement· If the scope of any of the provisions of the Agreement Is too broad in any respect whatsoever to permit enforcement to its full extent, then such provisions shall be enforced to the maximum extent permitted by law, and both the Customer and VectorUSA hereto consent and agree that such scope may be judicially modified accordingly and that the whole of such provisions of this Agreement shall not hereby fail, but that the scope of such provisions shall be curtailed only to the exten t necessary to conform to the law.

Assignment; This Agreement may not be assigned by either the Customer or VectorUSA without the prior written consent of the other party . Except for the prohibition on assignment contained In the preceding sentence, this Agreement shall be binding upon and Inure to the benefit of the heirs, successors and assigns of the parties hereto.
lntegratfon Clause; This instrument contains the entire agreement between the parties hereto and supersedes any and all prior written and/ or oral agreements . This Agreement may be altered or modified only in writing signed by the parties here to.

Preyalling Wage: Unless specifically stated in the scope of work Vecto rUSA has based this proposal on non-prevai ling wage labor rates . If we are Informed or it is determined later that the project is subject to prevailing wage rates for the performance of the public work portion of the contract , VectorUSA will submit those changes/ additional costs that the project may Incur will be address in the form of a written change order.

Sales Tax: Sales Tax shall be is calculated and billed based on the effective tax rates at the date of invoice .

Payment and Termination: All payments are due net 30 from the date of invoice. VectorUSA reserves the right to stop work, delay delivery of services and/ or products for failure by customer to pay with in terms of this agreement. VectorUSA reserves the right to deem this contract in default immediately and term inate it if the payment Is delinquent more than thirty (30) days. If customer is In default in the payment of the Agreement charge(s) and falls to cure such defau lt within ten (10) days after receiving written notification of such default, the Customer agrees to pay reasonable collection costs, late charges and I or Attorney Fees. Late charges, if levied, shall be assessed at 1.5% monthly or 18% annually. ~ Unless otherwise agreed upon in writing this contract will be executed as a fixed price contract .

Price Guarantee: Due to the volat ility in markets affect ing mater ial costs across all product lines we can only guarantee material costs for 30 days unless oth erwise specif ied. If a purchase order is not received within the guaranteed window any increases will be addressed through a new proposal and/ or change order .

Lead Time Disclaimer: Lead times on material orders are verified at the time we submit our proposa ls based on our understand ing of the anticipated project period of performance. With the current volatility In the market driven by supply and demand those lead times cannot be guaranteed past the date of the proposal . Lead times will be refreshed once a purchase order is received and if any items have lead times that impact the project timeline a Stakeholder -· ;, .... .. .

Materials:

Labor:

Tax:

Job Total
Prepared For City of Palm Springs
Customer Signature
Printed Name
Date
$227,082.24
$21,005.11
$248,087.35
Prepared By Scott Shiffer
~ VectorUSA Signature ~
Printed Name Robert Messinger
Date 2/6/2023

ATTACHMENT B

Item 1D - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

Vector Resources, Inc. dba VectorUSA

2. Address of Entity (Principle Place of Business)

20917 Higgins Court, Torrance, CA 90501

3. Local or California Address (if different than #2)
8647 Ninth Street, Rancho Cucamonga, CA 91730

4. State where Entity is Registered with Secretary of State California

If other than California, is the Entity also registered in California? F Yes F No

5. Type of Entity

F Corporation F Limited Liability Company F Partnership F Trust F 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

Robert Messinger
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other

Jeffrey Zukerman
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other

David Zukerman
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner

F Other
Item 1D - Page 9
-
~
-
C :)
-
C)
-
- 0
'
0 -
Item 1D - Page 10

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

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

Robert Messinger 33~, VectorUSA
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
33%, VectorUSA
Jeffre~ Zukerman
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
33%, VectorUSA
Di;!vid Zukerman
[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 entity]

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 r, Executive Vice President February 6, 2023
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $99,581 AND APPROVE THE PURCHASE OF NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF $87,198
RECOMMENDATION:

Accept a grant award from the California State Library in the amount of $99,581 and appropriate to Information Technology Department Account 1001025-40105.

1. Approve the purchase of networking equipment from AMS.Net for $87,198 through a cooperative contract.

2. Attachments
Item 1E

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 21, 2023 CONSENT CALENDAR

SUBJECT: ACCEPT A GRANT AWARD FROM THE CALIFORNIA STATE LIBRARY IN THE AMOUNT OF $ 99,581 AND APPROVE THE PURCHASE OF
NETWORKING EQUIPMENT FROM AMS.NET IN THE AMOUNT OF
$87,198

FROM: Teresa Gallavan, Interim City Manager

BY: Information Technology Department

SUMMARY:

This action will accept a grant award from The California State Library and approve the purchase of networking equipment.

RECOMMENDATION:

1) Accept a grant award from the California State Library in the amount of $ 99,581 (Attachment A) and appropriate to Information Technology Department Account 1001025-40105.

2) Approve the purchase of networking equipment from AMS.Net for $87,198 through a cooperative contract (Attachment B).

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure Form for AMS.Net is included as Attachment C.

BACKGROUND:

The Library uses technology to provide internal business functions such as the Integrated Library Management System and automated book return. The Library also provides public facing services including public Internet terminals and free wireless access. The networking equipment that provides connectivity for these services i s outdated, mismatched and out of support . This equipment is critical to connect Library patrons to the high- speed Corporation for Education Network Initiatives in California ("CENIC ”) Internet connection and needs to be replaced. A grant has been obtained to reimburse the City for this needed replacement.

Item 1E - Page 1
City Council Staff Report
February 21, 2023-- Page 2
Accept grant and approve purchase – AMS.Net.

STAFF ANALYSIS:

Staff worked with the City’s grant consultant to identify opportunities to improve the networking equipment in the Library and identified the California Library Connect (“CLC”) grant. The CLC grant is a reimbursement grant designed to bring high-speed broadband access to California public libraries and does not require matching funds.

To begin the process of updating Library systems to provide connectivity for current and future needs staff designed a solution and created an equipm ent list . Staff obtained budgetary quotes from a vendor partner, and with the assistance of the grant consultant applied for and was awarded a grant in the amount of $99,581.

After the award, staff requested and re ceived quotes from eight authorized resellers based on nationally negotiated cooperative contracts. AMS.Net responded with the lowest quote of $87,198 based on the NASPO – 7-20-70-47-01 Value Point cooperative contract as allowed by Title 7.09.010 of the Municipal Code.

Staff is recommending acceptance of grant funds in the amount of $99,581, and approval to purchase networking equipment from AMS.Net in the amount of $87,198.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the Cali fornia Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for t he above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 3A ‐ Improve City Facilities.

FISCAL IMPACT:

Grant funds will be appropriated to Information Technology Department Account 1001025 40105.

Item 1E - Page 2
City Council Staff Report
February 21, 2023-- Page 3
Accept grant and approve purchase – AMS.Net.

REVIEWED BY:

Department Director: Larry Klingaman
Procurement & Contracting Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
City Manager: Teresa Gallavan

ATTACHMENTS:

A. Grant Award
B. Quote
C. Business Disclosure Form
Item 1E - Page 3

ATTACHMENT A

Item 1E - Page 4
Item 1E - Page 5
December 2, 2022
ma CALIFORNIA
- STATE LIBRARY
To: Jeannie Kays, Library Director
Palm Springs Public Library
Re: California Library Connect Grant Award-Year 9
Dear Jeannie,
Congratulations! I am pleased to announce that the California library Connect ("CLC') grant program is awarding funding to the Palm Springs Public Library.

The CLC team informed me that the Palm Springs Public Library is replacing its outdated network switches to provide fast, secure, and reliable broadband Internet to its patron communities .

This letter constitutes the State Library's recognition of award for the grant application submitted by Palm Springs Public Library in the following amount(s):

Technology Hardware Funding:

Total award:
$99,581.24
$99,581.24
Please continue to work with Rachel Stogner, Grants Coordinator for California Library Connect, who is the gran coordinator for the California library Connect grant program. She may be contacted at rants californialibra connect .or . You should expect payment of this grant in whole from CTC Techno gy & Energy.

Cc: Heather Mills, Program Administrator, CTC Technology & Energy Rachel Stogner, Grants Coordinator, CTC Technology & Energy Caroline Mueller, Project Coordinator, CTC Technology & Energy Library - Courts Building
P.O. Box 942837
Sacramento, CA 94237-0001
916-323-9759
[email protected]
www.library .ca.gov

ATTACHMENT B

Item 1E - Page 6
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Customer Price Quote
Customer Quote # #Q-00067799
Project # 98493
Modified 2/8/2023
Account Mgr. Thomas Vasconi
City of Palm Springs
3200 E Tahquitz Canyon
Way
Palm Springs CA, 92262-6959 US
ATTN: Larry Klingaman
AM Phone (925) 245-6128
Ship To AM Email [email protected]
Inside
Account Mgr. Ken Falconitin
IAM Phone (925) 245-6119
City of Palm Springs
3200 E Tahquitz Canyon
Way
Palm Springs, CA 92262-6959
ATTN: Larry Klingaman
IAM Email [email protected]
Quote Description Quote Exp. 2/11/2023
City Hall - Cat 9500 - RFP (NASPO)
Cisco NASPO – 7-20-70-47-01 (State of Utah AR-3227)
Expires- 9/30/2024
Line Item
Description Manufacturer Qty Unit Price Extended Price
C9500-24Y4C-A

1 C9500-24Y4C-A
Catalyst 9500 24x1/10/25G and 4-port 40/100G,
Advantage
Cisco Systems Inc. 1.00 $15,001.94 $15,001.94

2 CON-SSSNT-C95024YA
SOLN SUPP 8X5XNBD Catalyst 9500 24-port 25/100G
only, Adva
** Annual smartnet
Term: 5 years prepaid
Cisco Systems Inc. 5.00 $1,634.00 $8,170.00

3 CAB-9K12A-NA
Power Cord, 125VAC 13A NEMA 5-15 Plug, North
America
Cisco Systems Inc. 1.00 $0.00 $0.00

4 C9K-PWR-650WAC-R
650W AC Config 4 Power Supply front to back cooling
Cisco Systems Inc. 1.00 $0.00 $0.00

5 C9500-SPS-NONE
No Secondary
Power Supply Selected
Cisco Systems Inc. 1.00 $0.00 $0.00

6 C9K-PWR-C5-BLANK
Catalyst 9500 power supply blank cover
Cisco Systems Inc. 1.00 $0.00 $0.00
Item 1E - Page 7
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

7 C9K-T1-FANTRAY
Catalyst 9500 Type 4 front to back cooling
Fan
Cisco Systems Inc. 2.00 $0.00 $0.00
8 C9500-NW-A
C9500
Network Stack, Advantage
Cisco Systems Inc. 1.00 $0.00 $0.00
9 SC9500HUK9-176
Cisco Catalyst 9500H
XE.17.6 UNIVERSAL
Cisco Systems Inc. 1.00 $0.00 $0.00

10 C9K-F1-SSD-BLANK
Cisco pluggable
SSD storage
Cisco Systems Inc. 1.00 $0.00 $0.00

11 C9500-DNA-24Y4C-A
C9500
DNA Advantage, Term License
Cisco Systems Inc. 1.00 $0.00 $0.00
12 C9500-DNA-L-A-5Y
DNA Advantage
5 Year License
Cisco Systems Inc. 1.00 $7,976.31 $7,976.31

13 CON-SSTCM-C9512QA
SOLN SUPP SW SUBC9500
DNA Advantage
** Annual smartnet
Term: 5 years prepaid
Cisco Systems Inc. 5.00 $317.68 $1,588.40
14 PI-LFAS-T
Prime Infrastructure Lifecycle & Assurance Term - Smart Lic
Cisco Systems Inc. 3.00 $0.00 $0.00

15 PI-LFAS-AP-T-5Y
PI Dev Lic for Lifecycle &amp; Assurance Term 5Y
Cisco Systems Inc. 3.00 $0.00 $0.00

16 NETWORK-PNP-LIC
Network Plug-n-Play
Connect for zero-touch device
deployment
Cisco Systems Inc. 1.00 $0.00 $0.00
C9300-48UXM-A

17 C9300-48UXM-A
Catalyst 9300 48-port(12
mGig, 36 2.5Gbps) Network
Advantage
Cisco Systems Inc. 3.00 $9,144.86 $27,434.58

18 C9300-NW-A-48
C9300
Network Advantage, 48-port license
Cisco Systems Inc. 3.00 $0.00 $0.00

19 SC9300UK9-176
Cisco Catalyst 9300
XE 17.6 UNIVERSAL UNIVERSAL
Cisco Systems Inc. 3.00 $0.00 $0.00

20 PWR-C1-1100WAC-P
1100W AC 80+ platinum
Config 1 Power Supply
Cisco Systems Inc. 3.00 $0.00 $0.00

21 C9300-SPS-NONE
No Secondary
Power Supply Selected
Cisco Systems Inc. 3.00 $0.00 $0.00

22 CAB-TA-NA
North America AC Type A Power Cable
Cisco Systems Inc. 3.00 $0.00 $0.00
Item 1E - Page 8
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

23 C9300-SSD-NONE
No SSD Card Selected
Cisco Systems Inc. 3.00 $0.00 $0.00
24 STACK-T1-50CM
50CM Type 1 Stacking Cable
Cisco Systems Inc. 3.00 $67.43 $202.29
25 CAB-SPWR-30CM
Catalyst Stack Power Cable
30 CM
Cisco Systems Inc. 3.00 $64.06 $192.18

26 PWR-C1-BLANK
Config 1 Power Supply Blank
Cisco Systems Inc. 3.00 $0.00 $0.00

27 TE-C9K-SW
TE agent for IOSXE on C9K
Cisco Systems Inc. 3.00 $0.00 $0.00
28 C9300-DNA-A-48
C9300
DNA Advantage, 48-Port Term Licenses
Cisco Systems Inc. 3.00 $0.00 $0.00

29 C9300-DNA-A-48-5Y
C9300
DNA Advantage, 48-Port, 5 Year Term License
Cisco Systems Inc. 3.00 $4,234.26 $12,702.78
30 CON-SSTCM-C93A48
SOLN SUPP SW SUBC9300
DNA Advantage
** Annual smartnet
Term: 5 years prepaid
Cisco Systems Inc. 15.00 $168.72 $2,530.80

31 PI-LFAS-T
Prime Infrastructure Lifecycle & Assurance Term - Smart Lic
Cisco Systems Inc. 3.00 $0.00 $0.00

32 PI-LFAS-AP-T-5Y
PI Dev Lic for Lifecycle & Assurance Term 5Y
Cisco Systems Inc. 3.00 $0.00 $0.00

33 D-DNAS-EXT-S-T
Cisco DNA Spaces Extend Term License
for Catalyst
Switches
Cisco Systems Inc. 3.00 $0.00 $0.00

34 D-DNAS-EXT-S-5Y
Cisco DNA Spaces Extend for Catalyst Switching
- 5Year
Cisco Systems Inc. 3.00 $0.00 $0.00
35 TE-EMBEDDED-T
Cisco ThousandEyes
Enterprise Agent IBN Embedded
Cisco Systems Inc. 3.00 $0.00 $0.00

36 TE-EMBEDDED-T-5Y
ThousandEyes
- Enterprise Agents
Cisco Systems Inc. 3.00 $0.00 $0.00

37 C9300-NM-2Y
Catalyst 9300 2 x 25GE Network Module
Cisco Systems Inc. 3.00 $1,726.74 $5,180.22

38 NETWORK-PNP-LIC
Network Plug-n-Play
Connect for zero-touch device
deployment
Cisco Systems Inc. 3.00 $0.00 $0.00

39 QSFP-4SFP25G-CU5M=
100GBase QSFP
to 4xSFP25G Passive Copper Splitter
Cable, 5m
Cisco Systems Inc. 3.00 $542.41 $1,627.23
Item 1E - Page 9
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Order Summary
Subtotal $82,606.73
Adjustment $0.00
Estimated Taxes $4,591.54
Total $87,198.27

AMS FREIGHT
40 AMS-FREIGHT-DROPSHIP
Freight
None 1.00 $0.00 $0.00
Item 1E - Page 10
········ AMS NET ........ -::.'.· .. \!/_::• • . . ··.;::.~u:· Technology Solution Provider AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

Terms and Conditions

1. AMS.NET will require a Purchase Order referencing this Quote # or if a Purchase order is not provided, an authorized representative must sign this quote.

2. Payment terms are Net 30. An interest charge of 1.5% per month will be applied
to all accounts past due, plus all costs of
collection and reasonable attorneys fees. AMS.NET accepts all major credit cards. A convenience fee of 3.5% will be assessed.

Customer agrees to accept multiple invoices for projects that cover multiple sales. In the event that a site's readiness is delayed by the customer, customer agrees to accept and pay invoices that reflect equipment and services already received.

3. Items sold by AMS.NET, Inc. and shipped to destinations in California
are subject to sales tax. If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an order will generally include shipping and handling charges and item- level discounts. The amount of tax charged on your order will depend upon many factors including, but not limited to, the type of item(s) purchased, and the source and destination of the shipment. Factors can change between the time you place an order and the time an invoice is sent, which could affect the calculation of sales taxes. The amount appearing on your proposal as ‘Estimated Sales Tax’ may differ from the sales taxes ultimately charged. Shipping charges and sales tax will be added to this order when invoiced and the customer agrees to pay these charges.

4. All companies with tax exemption must present a valid Tax Exempt form. If
Customer is tax exempt or if tax exempt form is
not provided then customer agrees to pay all applicable taxes.

5. All shipments are FOB Origin or Pre-paid and shipped to Dock. Any Special
shipping requirements must be clearly stated
on all PO's (i.e. inside delivery). If inside Delivery or Lift-gate is required it must be specified and additional fees will incur.

Shipping charges that appear on this quote are an estimate, AMS.NET will invoice and the customer will pay the actual shipping charge when identified.

6. Upon delivery of equipment, customer agrees to open all shipments and visually
inspect equipment for physical damages.

All damages must be reported to AMS.NET within 24 hours of delivery.

7. Returns will be accepted at AMS.NET discretion and are subject to manufacturer returns policies
as well. For returns to be
approved all merchandise must be in an unopened box and the customer agrees to pay a restocking fee of 15% of the purchase price. Returns must be made within 15 Days of receipt. All shipments must have a valid RMA number from AMS.NET
before returning. For RMA requests please contact our
Customer Service Department at (800) 893-3660 Ext. 6111.

Email RMA requests should be directed to [email protected] A copy of AMS.NET’s full RMA policy is available for review online
at www.ams.net/services/procurement-and-financing/

8. The laws of the State of California will apply to this sale.

9. The term "installation date" means the first business day on which installation
of the system is complete. Minor omissions or
variances in performance of the System that do not materially or adversely affect the operation of the system, shall not be deemed to have postponed the Installation Date. Seller shall use its best efforts to make timely delivery and installation. However, all stated delivery and installation dates are approximate and except as expressly provided in this agreement, Seller shall, under no circumstance, be deemed to be in default hereunder or be liable for consequential, incidental or special damages or commercial loss resulting from delays in delivery or installation.

10. Warranties. AMS warrants to Customer that it has good title to the equipment
being sold to Customer under this Agreement,
and the right to sell such equipment to Customer free of liens or encumbrances. AMS further warrants to Customer that the equipment being sold to Customer hereunder shall be free from defects in workmanship for a warranty period of thirty (30) days commencing on the later date the equipment is delivered to Customer or the date upon which AMS completes performance of the services to be performed under this agreement (this warranty being hereinafter referred to as an "Installation Warranty"). Except as expressly set forth in this paragraph, AMS does not make, and hereby disclaims, any and all
representations or warranties, express or implied, with respect to the equipment or services being provided under this agreement, including but not limited to any implied warranties of
merchantability, fitness for a particular purpose, satisfactory quality, against infringement, or arising from a course of dealing, usage or trade practice. AMS shall reasonably cooperate and assist Customer in enforcing any manufacturer warranties with respect to the equipment being sold to Customer under this Agreement. AMS hereby advises Customer, and Customer
acknowledges that in the event Customer desires to procure from AMS any warranty protection beyond the warranty of title and the Installation Warranty provided under this Paragraph, Customer may do so by entering into a separate Service
Agreement with AMS.

Manufacturer's warranty that is guaranteed
is whatever is
published by the manufacturer at the time of purchase.

11. Cisco Cloud services purchased from AMS.NET requires customer to accept Cisco’s
Universal Cloud agreement located
on Cisco Systems’ Website. This Universal Cloud Agreement describes the rights and responsibilities related to the Cloud Service(s) you purchase from Cisco or an Approved Source and is between you and Cisco. The Universal Cloud Agreement includes the applicable Offer Description(s) located at www.cisco.com/go/cloudterms (collectively “Agreement”). By clicking ‘accept,’ or using the Cloud Service, you agree to the terms of this Agreement. If you do not have authority to enter into this Agreement, or if you do not agree with its terms, do not click ‘accept’ and do not use the Cloud Service. If you determine that you cannot comply with the terms of this Agreement after you have paid for the Cloud Service, you may terminate your Item 1E - Page 11
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider
AMS.NET, Inc.
502 Commerce Way, Livermore, CA 94551
925-245-6100
• 925-245-6150 Fax
www.ams.net

access to the Cloud Service for a full refund provided you do so within thirty (30) days of your purchase.

12. The final price of all labor in this quote is contingent upon the customer providing AMS.NET full site access, with keys or a dedicated escort, for a period of at least nine consecutive hours per working day. Any existing pathway being pulled through is assumed to be easily discoverable, and meeting BICSI
standards, such as the fill ratio, lack of non-cabling material in the conduit, and appropriate number of LBs. Additionally, any interior wall penetrations are assumed to be drywall or a like material unless otherwise noted in the labor scope for this project. Any deviation from these assumptions may result in additional costs to the customer based on the time added to the project.

AMS.NET Tax ID: 94-3291626
C7 License: 763508
Please fax signed
Quotation or Purchase Order to your
AMS.NET account manager
or to 925.245.6150. Full terms and
conditions can be viewed on our website at
www.ams.net/services/procurement-and-financing/
Authorized Signature: Date:

Print Name: Print Title:

Item 1E - Page 12
........ . . . . . . . . . . . . . . . . . . . . I •••••• I ........ AMS.NET Technology Solution Provider

ATTACHMENT C

Item 1E - Page 13
Item 1E - Page 14

1. Name
of
Entity
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM

2. Address
of
Entity
(Principle
Place
of
Business)

3. 4.
ntity
is
Registered
with
Secretary
of
State
~~
If
other
than
California,
is
the
Entity
also
registered
in
California?
F
Yes
F
No

5. Type
of
Entity
(
Corpor
~
imited
Liability
Company
F
Partnership
F
Trust
F
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
[name]
Director
F
Member
:HVlanager
F
General
Partner
F
Limited
Partner
F
Other
______
______
_
---=::'i
~
~~~~
-
-P--1---.LJ.t.~~t:::::'.'jp~~
--
~
Director
F
Member
F
Manager
(Revised
09 13
18)
F
General
Partner
F
Limited
Partner
F
Other
_______
_____
_
F
General
Partner
F
Limited
Partner
F
Other
____________
_
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 Item 1E - Page 15

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

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
/J.h»L
~
loo ~ Lu U!_1
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
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 entity]

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 ~
(Revised 09 13 18)
)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

APPROVAL OF PLANS, SPECIFICATIONS, ESTIMATE, AND AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17 RECOMMENDATION:

Accept the plans, specifications, estimate, and authorize Staff to advertise and solicit bids for the Arnico Phase 4 Sewer Improvements, City Project 21-17.

Attachments
Item 1F

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 21, 2023 CONSENT CALENDAR

SUBJECT: A PPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17

FROM: Teresa Gallavan, Interim City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this item will allow Staff to proceed with the Arnico Phase 4 Sewer Improvements, City Project 21-17, with an estimated cost of $676,000. The construction documents (Plans, Specifications, and Estimate) are completed and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the specifications and work details and authorize the bid request as required for all public projects in excess of $200,000.

RECOMMENDATION:

1. Accept the plans, specifications and estimate and authorize S taff to advertise and solicit bids for the Arnico Phase 4 Sewer Improvements, City Project 21- 17 (“ the Project”).

BACKGROUND:

On March 17, 2010, the City Council approved $266,000 of Community Development Block Grant (CDBG) funds for the design of a sewer system for the Arnico Tract. The Arnico Tract was developed in the 1980’s within unincorporated Riverside County and all homes within the development were connected to septic systems. At the time, the estimated cost of the project was approximately $1,200,000. Funds to complete the entire project were not available and Staff initiated a phased approach to the design and construction of the project.

In July of 2011, the City Council approved $630,000 of CDBG funds to construct Phase One and Two of the four- phase project. The project was publicly bid and the resulting bids to construct Phase One and Two exceeded the available CDBG funds. The project Item 1F - Page 1
City Council Staff Report
February 21, 2023 -- Page 2
CP 21-17 Arnico Phase 4 Sewer

had to be modified and only a small segment of P hase Two was constructed, with no home connections or septic systems abandonment possible.

Between April of 2012 and March of 2013, Staff continued to explore different avenues to fund and construct the project. CDBG funds were limited and not available for the private on-site work that included home connections or septic system abandonment. The City Council approved $164,070 of Measure J funds to continue work and complete P hase Two and T hree of the project. At the time, Staff indicated that funds for Phase 4 of the project were not available and recommended that future Measure J funds be set aside to complete the project.

STAFF ANALYSIS:

Harris & Associates has completed the preparation of plans and specifications for the Project. The contract documents prepared by the consultant have been reviewed and approved by the City’s Engineering Services Department.

With City Council approval, Staff will advertise the Project in The Desert Sun and post the Project on the City’s on-line bid management system. Copies of the contract documents are on file with the Engineering Services Department. The following tentative schedule has been identified for the bid process:

Notice Inviting Bids to be posted: February 28, 2023 Deadline for receipt of bids: March 28, 2023
Contract awarded by City Council April 27, 2023

Staff recommends the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project. The plan documents, specifications and estimate are on file with the City Clerk.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The City is extending is sewage service. Therefore, Staff has determined that the Arnico Phase 4 Sewer Improvements, City Project No. 21-17, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 3A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

Item 1F - Page 2
City Council Staff Report
February 21, 2023 -- Page 3
CP 21-17 Arnico Phase 4 Sewer

FISCAL IMPACT:

Sufficient funds are budgeted and available from Measure J.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

Item 1F - Page 3

CITY COUNCIL STAFF REPORT
02/21/2023
SUBJECT:

AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $40,253,919.80, APPROVAL OF A PROFESSIONAL SERVICES

AGREEMENT WITH HARRIS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $4,126,517.54 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES, AND APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO. 7228 WITH DOKKEN ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630 FOR ADDITIONAL GEOTECHNICAL

SERVICES FOR THE INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO. BRLO-5282(017), CITY PROJECT NO. 01-11
RECOMMENDATION:

Award a construction contract to Steve P. Rados, Inc., (Rados) in the amount of $40,253,919.80 for the Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $4,025,392 (10%), with all change orders reported to the City Council.

2. Approve a Professional Services Agreement with Harris & Associates (Harris), in an amount not to exceed $4,126,517.54, for construction management, inspection, and materials testing services for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.

3. Approve Amendment No. 3, in the amount of $83,630, to Professional Services Agreement No. 7228, for a new not-to-exceed amount of $305,386.75 with Dokken Engineering (Dokken) for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11.

4. Authorize the City Manager to execute all necessary documents.5.

Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: FEBRUARY 21, 2023 CONSENT CALENDAR

SUBJECT: AWARD A CONSTRUCTION CONTRACT TO STEVE P. RADOS, INC. IN THE AMOUNT OF $40,253,919.80, APPROVAL OF A PROFESSIONAL

SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES IN AN
AMOUNT NOT TO EXCEED $ 4,126,517.54 FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES, AND APPROVAL OF
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT NO.
7228 WITH DOKKEN ENGINEERING IN AN AMOUNT NOT TO EXCEED $83,630 FOR ADDITIONAL GEOTECHNICAL SERVICES FOR THE
INDIAN CANYON DRIVE WIDENING, FEDERAL AID PROJECT NO.

BRLO-5282(017), CITY PROJECT NO. 01-11

FROM: Teresa Gallavan, Interim City Manager

BY: Engineering Services Department

SUMMARY:

The Indian Canyon Bridge project is a federally funded bridge project that was started in 2001. This project will replace the two- lane bridge that goes over the Union Pacific Railroad tracks with a six-lane bridge and install the sewer infrastructure within the project footprint. Award of this contract and approval of the purchase order and amendment allows for the City to move forward with the construction of this project.

RECOMMENDATION:

1. Award a construction contract to Steve P. Rados, Inc., (Rados) in the amount of $40,253,919.80 for the Indian Canyon Drive Widening Project, Federal Aid Project No.

BRLO-5282(017), City Project No. 01-11 (the “Project”); and

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $4,025,392 (10%) , with all change orders reported to the City Council; and

3. Approve a Professional Services Agreement with Harris & Associates (Harris), in an amount not to exceed $ 4,126,517.54 for construction management, inspection and materials testing services for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11; and,

City Council Staff Report
February 21, 2023 -- Page 2
Award Indian Canyon Bridge Project

4. Approve Amendment No. 3, in the amount of $83,630 , to Professional Services Agreement No. 7228, for a new not -to-exceed amount of $ 305,386.75 with Dokken Engineering (Dokken) for Indian Canyon Drive Widening Project, Federal Aid Project No. BRLO-5282(017), City Project No. 01-11; and,

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure Forms for Rados, Dokken, and Harris are included as Attachment A.

BACKGROUND:

After the City initiated the Indian Canyon Drive/Interstate 10 Interchange Project in 2000, Engineering Staff turned their attention to widening Indian Canyon Drive through the Whitewater River to correspond with the six -lane roadway that was a part of the I -10 Project. In pursuit of this goal, the City applied for and obtained federal grants for widening Indian Canyon Drive, from the Union Pacific Railroad (“UPRR”) bridge to Garnet Avenue.

The Project consists of replacing the existing two- lane Indian Canyon Bridge over the UPRR/Amtrak tracks with a new bridge, install roadway approaches to match the six lanes on Indian Canyon to the north, construct a landscaped center median, and install a new traffic signal at the intersection of Palm Springs Station Road. The Indian Canyon roadway will transition back to the two lanes in each direction south of the signal, through the Whitewater River to Tramview Road. The location of the project is shown in Figure 1 in following page.

In May 2001, the City obtained approval to proceed with the preliminary engineering phase of the P roject. The City was awarded a federal grant of $4,286,000 from the Highway Bridge Program (“HBP”) administered through Caltrans. Subsequently, it was determined that the bridge is structurally deficient because water is penetrating the deck through cracks and affecting the bridge reinforcements. The scope of the project increased from a bridge widening project to a full replacement of the bridge.

Staff has reported to the City Council on the progress of the Project since 2001. The City Council has reviewed and approved every phase of this Project. The following is a partial list of Staff Reports previously brought before the City Council:

• March 20, 2002 – Award of Professional Services Agreement with Dokken • May 21, 2003 – Approval of Funding Agreement with Caltrans • November 4, 2009 – Adoption of Mitigated Negative Declaration for the Project • March 15, 2017 – Approval of Public Highway Overpass Crossing Agreement with Union Pacific Railroad
City Council Staff Report
February 21, 2023 -- Page 3
Award Indian Canyon Bridge Project

• December 13, 2017 – Approval of Utility Agreement with Southern California Edison
• November 14, 2018 – Approval of Professional Services Agreement with Dokken for Sewer Design
• April 3, 2019 – Approval of Amendment 5 to CVAG Reimbursement Agreement (A4394) for Increased Funding Commitment for the Project • September 1, 2022 – Approval of Environmental Document related to Sewer Construction, approval of Plans, Specifications and Estimate, and authorization to bid the Project for construction

Figure 1. Location of Project

STAFF ANALYSIS:

Construction:

On September 15, 2022, Staff advertised the Project to plan rooms and through the procurement program, PlanetBids , to allow the submission of bids electronically. On September 18 and 25, 2022, Staff advertised the Project for bids in The Desert Sun. The contract documents were provided free of charge to prospective bidders.

On December 21, 2022, the Engineering Services Department received four (4) bids from the following contractors:

I-10 Freeway
N. Indian Canyon Drive
Palm Springs
Amtrak Station
Bridge
City Council Staff Report
February 21, 2023 -- Page 4
Award Indian Canyon Bridge Project

Company Location Bid Amount
Steve P. Rados, Inc. Santa Ana, CA $40,253,919.80
Griffith Company Santa Fe Springs, CA $41,649,076.00
Granite Construction Company Indio, CA $44,439,995.00
Riverside Construction Company, Inc. Riverside, CA $45,313,333.90 Table 1.

Steve P. Rados, Inc. submitted the lowest responsive, responsible bid in the amount of $40,253,919.80. The engineer’s estimate at the time of request for bid was $28,166,500 for construction, not including construction management, inspection, and staff time.

Staff reviewed all bid documents subm itted by the apparent low bidder and determined that Rados complied with the instruction to bidders and had submitted the lowest responsive and responsible bid. Rados has done bridge projects in Los Angeles and San Bernardino, and recently completed a $49 million bridge for the I-215 Freeway in Grand Terrace, California. Rados is also the contractor on the digester replacement project at the City’s wastewater treatment plant, which is running smoothly so far. Therefore, Staff recommends that the City Counci l approve the bid submitted by Rados. A copy of the agreement is included as Attachment B.

Construction Management and Inspection Services:

On March 1, 2018, the City put out a Request For Proposals (RFP) for construction management and inspection servi ces for the Project. The solicitation followed Caltrans process for consultant selection.

On April 3, 2018, the City’s Procurement and Contracting Department received three proposals. A committee composed of City Staff in the Engineering Department and a technical consultant with bridge construction experience, reviewed the proposals. The top two scoring proposals were invited back for an interview which occurred on September 18, 2018. Harris & Associates was selected as the top scoring firm in the interviews, and also was the top scoring firm in the written proposals.

The consultant selection process was documented, and files were sent to Caltrans for Architectural and Engineering (A&E) Consultant audit in October 2019. The audit required the consultant to send financial documents for the Prime and Sub -Consultants who will work on the project following the Caltrans checklist. The review was completed by Caltrans and approved in November 2020. Due to the pandemic, the City did not put the Project out to bid as finances were unknown at the time. A copy of the agreement is included as Attachment C.

Additional Sewer Geotechnical Services:

A separate element of the Project relates to the extension of a gravity sewer line within Indian Canyon Drive from Tramview Road to Garnet Avenue, a length of 2.5 miles (the City Council Staff Report
February 21, 2023 -- Page 5
Award Indian Canyon Bridge Project

“sewer line”). The opportunity to construct the sewer line will only occur at the time the railroad bridge is demolished and reconstructed, as the sewer line (if constructed) must pass underneath the UPRR. If the sewer line is not constructed as part of and at the same time as the Project, it will be practically infeasible to construct it later after the new railroad bridge is constructed and in place.

The Project requires an additional Geotechnical Design Report (GDR) summarizing additional subsurface investigations required to address sewer infrastructure along Indian Canyon Drive. Specifically, th e GDR will address work related to the proposed micro tunnel installation of sewer main between Garnet Avenue and 2,200 feet s outh of Palm Springs Station Road. Dokken Engineering will coordinate with a geotechnical firm to perform additional geotechnical investigations.

Staff supports and has prepared Amendment No. 3 in the amount of $ 83,630 for a new contract total not to exceed amount of $305,386.75 to the agreement with Dokken Engineering, included as Attachment D.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City , acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On November 4, 2009, the City Council adopted Resolution No. 22620, adopting and ordering the fil ing of a Mitigated Negative Declaration for the Project.

Subsequently, on November 5, 2009, S taff filed a Notice of Determination with the Riverside County Clerk and State Clearing House. A copy of the Notice of Determination is part of the project file.

The Project is funded, in part, by federal funds, requiring local oversight by the State of California, Department of Transportation (“Caltrans”). As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On September 24, 2009, Caltrans, acting as “Lead Agency” pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion under Section 6005 of 23 U.S.C. 327. A copy of the NEPA Categorical Exclusion issued by Caltrans is part of the Project file.

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of CEQA. Approval of the requested action will allow Staff to comply with CEQA. In accordance with the CEQA Guidelines, the City acting as “Lead Agency,” will complete an environmental analysis of the potential impacts resulting from construction City Council Staff Report
February 21, 2023 -- Page 6
Award Indian Canyon Bridge Project

of the sewer line. An initial environmental review of the sewer line has determined that an Initial Study leading to a Mitigated Negative Declaration (“IS/MND”) is the appropriate environmental document, and that an Environmental Impact Report is not necessary.

The City circulated a Tiered IS/MND for the sewer line and made it available for comments between September 17, 2020 and October 29, 2020. The City received 4 comments, and responses were incorporated into the final Tiered IS/MND. The final document was recirculated for comments between November 1, 2021 and December 1, 2021. Two comments were received and incorporated into the final document.

In accordance with the CEQA Guidelines, following public review of the IS/MND, the City Council adopted it on September 1, 2022. A final copy of the IS/MND is located at the Office of the City Clerk and the City filed a Notice of Determination on September 8, 2022.

These actions ensure the City Council can consider the option of including the sewer line as part of the Project.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 3B , 5- Year Capital Improvement Plan, and identify high priority facilities.

FISCAL IMPACT:

The Project is funded through a combination of federal funds, Regional Measure A funds, and Local Measure A funds. The Project cost estimates have grown significantly over time. Table 2 below shows the extent of how the project estimates and the actual construction cost compare.

2011
Estimate
2019
Estimate
2022
Estimate
Actual
Bridge Construction $16,000,000 $ 21,853,022 $ 28,200,000 $ 31,409,170 Construction
Management
$2,000,000 $2,692,200 $3,150,000 $4,126,517
Sewer N/A $11,500,000 $17,900,000 $ 8,844,750**
Subtotal $18,000,000 $36,045,222 $49,250,000 $44,380,437 Contingency $1,600,000 $3,335,302 $4,610,000 $4,025,392 Sewer Geotech $83,630
Total $19,600,000 $39,380,524 $53,860,000 $48,489,459
** - Cost shown is for the segment within the Project footprint and does not include the 2 miles sewer outside the Project footprint.

Table 2.

The federal Highway Bridge Program (HBP) will cover 88.53% of all eligible project costs.

Measure A funds will pay for the remaining 11.47%, with seventy -five (75) percent of it coming from Regional Measure “A” funds and twenty-five (25) percent coming from Local City Council Staff Report
February 21, 2023 -- Page 7
Award Indian Canyon Bridge Project

Measure “A” funds. The City’s share of the $ 35,535,686 for Bridge Construction and Construction Management costs is estimated to be $1,018,986.

As of 2022, Caltrans , through the HBP , has committed approximately $20,000,000 for participating construction costs of the Project . The participating costs are based on the 2019 estimates presented in Table 2. As the cost estimates increased, Staff requested additional funding from Caltrans through the HBP. Staff will be requesting additional funds through HBP to cover the current gap of approximately $12 million. Historically, Caltrans will not approve any additional funding requests until the City awards the construction contract. If for any reason Caltrans does not approve the additional $12 million, the funds are available in the Capital Fund Balance.

On September 1, 2022, the City Council authorized Staff to move forward with advertising of the Project with the understanding that the City would be using local funds prior to federal funds becoming available to reimburse the cost of the w ork. Staff, through the 5- Year Capital Improvement Program , has been programming funds each fiscal year to support the design and construction of the Project.

It is important to note that the Project will be constructed over three (3) years and the total funds required to construct the Project will not be exhausted in the first year. As funds are expended, Caltrans will reimburse the City ’s capital fund. Staff intends to update the budget for the Project in adopted Fiscal Year 23-24 to reflect the actual for construction.

At this time, only the sewer segment under the bridge and the Union Pacific Railroad is to be constructed. Staff will bid the segment from the bridge south to West Tram View Road separately. Accumulated Wastewater Fund reserves will pre-fund the construction of the new sewer lines, then the City will need to enter into long- term agreements with property owners for repayment of these special sewer street main charges to the City.

The City can include reasonable terms for repayment of the amortized fee, including requirements that it be fully repaid upon transfer of title or other specific events.

REVIEWED BY:

City Engineer: Joel Montalvo
Acting Finance Director: Kristopher Mooney
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Construction Contract - Steve P. Rados, Inc.

C. Professional Services Agreement for Construction Management – Harris & Associates D. Amendment Number 3 – Dokken Engineering

Attachment A

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Dokken Engineering

2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630

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

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

5. Type of Entity
[Z] Corporation D 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 Richard A. Dokken [l] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Richard T. Liptak Ill Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Bradley B. Dokken [l] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

1. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Dokken Engineering ( ... Continuation)

2. Address of Entity (Principle Place of Business)
110 Blue Ravine Road, Suite 200, Folsom, CA 95630

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

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

5. Type of Entity
[Z] Corporation D 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 Cathy Chan [Z] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
John A. Klemunes Ill Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
Matthew N. Griggs [Z] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

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

Richard A. Dokken 56%, Dokken Engineering
[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 entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13.18)
Date
May 10, 2019

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Harris & Associates, Inc. Attachments  f

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle 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, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all of ficers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity

_______________________________________________  Officer  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
Harris & Associates Inc.
22 Executive Park, Suite 200, Irvine, CA 92612
California
X
X
X
X
Lisa Larrabee
Steve Winchester
Ehab Gerges
Harris & Associates, Inc. Attachments  g

 Other _______________________________

7. Owners/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 in entity
and name of entity]

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

Ehab Gerges, PE, Chief Business Development Officer
6/5/2019
N/A
Harris & Associates, Inc. is a 100% Employee Stock
Ownership Plan (ESOP) Corporation, therefore there
are no owners or investors with 5% beneficial interest
I ~~ _ri __ L__I __ __JI

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
Steve P. Rados, Inc.

2. Address of Entity (Principle Place of Business)
2002 E. McFadden Ave. , Suite 200, Santa Ana , CA 92705

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 reqistered in California?  Yes  No

5. Type of Entity
IXl Corporation  Limited Liability Company  Partnership  Trust  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 Stephen S. Rados IXl Officer  Director  Member  Manager  General Partner  Limited Partner
 Other
Derek Rados IXl Officer  Director  Member  Manager
 General Partner  Limited Partner
 Other
Stephen A. Rados IXl Officer  Director  Member  Manager  General Partner  Limited Partner
 Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL AID PROJECT NO. BRLO 5282 (017)
SEPTEMBER 2022

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

Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.

Stephen S. Rados 17.91 %, Steve P. Rados, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.

Derek Rados 17.89%, Steve P. Rados, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.

Stephen A. Rados 3.76%, Steve P. Rados, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
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.

Date Signature of ~ sing Party, Printed Name, Tille
Stephen S. Rados, President December 14, 2022

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

FEDERAL AID PROJECT NO. BRLO 5282 (017)
SEPTEMBER 2022

Attachment B

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023

AGREEMENT
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this day of , 2023, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Steve P. Rados, Inc. hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK

For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL AID PROJECT NO. BRLO 5282 (017)

The Work comprises the replacement of the Indian Canyon Drive Bridge (Bridge No. 56C- 0025) over Union Pacific and Amtrak tracks, including minor roadway approach improvements, and all appurtenant work as detailed within the contract documents.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023

ARTICLE 3 -- CONTRACT PRICE

The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $40,253,919.80 .

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS

The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non- Discrimination Certification, Non -Collusion Declaration, Equal Employment Opportunity Certification, Debarment and Suspension Certification, Non- Lobbying Certification for Federal Aid Contracts, Disclosure of Lobbying Activities, Bidder's General Information, Bid Security or Bid Bond, Exhibit 15G Construction Contract DBE Commitment, Exhibit 15H DBE Information-Good Faith Efforts, Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162 Questionnaire, Public Contract Code Section 10232 Statement, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

The Contract Documents shall also incorporate those certain Federal Requirements for Federal-Aid Construction Projects including, Form FHWA 1273, Female and Minority Goals, Title VI Assurances, Use of United States Flag Vessels, as well as the Davis Bacon Wage Determination for applicable prevailing wage rates, included in Exhibit “A” attached hereto and made a part hereof. Exhibit “A” shall be included in all subcontracts $10,000 or more.

ARTICLE 5 -- MUTUAL OBLIGATIONS

For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES

All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof.

ARTICLE 9 -- PREVAILING WAGES

Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Rel ations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST

Contractor acknowledges that no officer or employee of the City has or shall have any direct 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.

ARTICLE 11--NON-DISCRIMINATION

In connection with its performance under this Agreement, Contractor 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”). Contractor 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 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, 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 Contractor is in full compliance with the provisions of Palm Springs Municipal Code Sec tion 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS

Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to th e other party hereto, its partners, su ccessors, assigns, and l egal

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023
representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

SIGNATURES ON NEXT PAGE

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF PALM SPRINGS,

CALIFORNIA

By
City Manager

ATTEST:

By
Brenda Pree
City Clerk

APPROVED AS TO FORM:

By
Jeffrey S. Ballinger
City Attorney

RECOMMENDED:

By
Joel Montalvo, P.E.

City Engineer
APPROVED BY THE CITY COUNCIL:

Date
Agreement No.

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 7

INDIAN CANYON DRIVE WIDENING
CITY PROJECT NO. 01-11
FEDERAL PROJECT NO. BRLO 5282(017)
February 2023

CONTRACTOR

By:

Firm/Company Name

By:

Signature (notarized)
By:

Signature (notarized)

Name:_ Name:_

Title:_ Title:_

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.

(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)

State of )
County of )ss

(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)

State of )
County of )ss

On
before me,
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 authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.

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

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

On
before me,
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 authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.

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

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

EXHIBIT “A”
Federal Requirements
for
Federal-Aid Construction Projects:

Form FHWA 1273
Female and Minority Goals
Title VI Assurances
Use of United States Flag Vessels
And
Davis Bacon Wage Determinations

FOLLOWS THIS PAGE

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 2
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
FHWA-1273 -- Revised July 5, 2022

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS

A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local
Access Road Contracts (included in Appalachian
contracts only)
I. GENERAL

1. Form FHWA-1273 must be physically incorporated in
each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for debris removal).

The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excl uding purchase orders, rental agreements and other agreements for supplies or
services). 23 CFR 633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any
purchase order, rental agreement or agreement for other services. The prime contract or shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid
design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcont racts for design services, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR
633.102. The design-builder shall be responsible for
compliance by any subcontract or, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or
services related to a cons truction contract). 23 CFR
633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provis ions shall apply to all work performed on the contract by the contractor's own
organization and with the assistance of workers under the contractor's immediate superintendence and to all work
performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds
for withholding of progress payments, withholding of final payment, termination of th e contract, suspension /
debarment or any other action determined to be
appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this
contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by
convicts who are on parole, supervised release, or
probation. 23 U.S.C. 114(b). The term Federal-aid
highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR
Part 230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are appl icable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23
CFR Part 230 are not applicable to material supply,
engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140,
Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related
regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with:
the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts
exceeding $10,000, the Standard Federal Equal
Employment Opportunity Construction Contract
Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive
authority to determine compliance with Executive Order
11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The
contracting agency and the FHWA have the authority and
the responsibility to ensure compliance with 23 U.S.C.
140, Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and
related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to
conform to the U.S. Department of Labor (US DOL) and
FHWA requirements.

1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627,
41 CFR Part 60 and 49 CFR Part 27) and orders of the
Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall
constitute the EEO and specific affirmative action standards

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 3
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific
requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy
the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during
employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on- the-job training."

2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and
who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the
contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend
such action or are substantially involved in such action, will be made fully cognizant of and will implement the
contractor's EEO policy and cont ractual responsibilities to provide EEO in each grade and classification of
employment. To ensure that the above agreement will be
met, the following actions will be taken as a minimum:

a. Periodic meetings of supervi sory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,
covering all major aspects of the contractor's EEO
obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment
for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's
EEO policy will be placed in ar eas readily accessible to employees, applicants for employment and potential
employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks,
or other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a
large circulation among minorities and women in the area from which the project work force would normally be
derived

a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualif ied minorities and women. To meet this requirement, the contractor will identify sources of potential minority group em ployees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for
employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to obser ve the provisions of that agreement to the extent that the system meets the
contractor's compliance with EEO contract provisions.

Where implementation of such an agreement has the
effect of discriminating against minorities or women, or obligates the contractor to do the same, such
implementation violates Federal nondiscrimination
provisions.

c. The contractor will encourage its present employees
to refer minorities and women as applicants for
employment. Information and procedures with regard to
referring such applicants will be discussed with
employees.

5. Personnel Actions: Personnel Actions: Wages,
working conditions, and em ployee benefits shall be
established and administered, and personnel actions of every type, including hiring, upgrading, promotion,
transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or
disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of
project sites to ensure th at working conditions and
employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.

c. The contractor will periodically review selected
personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in
connection with its obligations under this contract, will attempt to resolve such complaints, and will take
appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 4
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such
efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force
requirements and as permissible under Federal and State regulations, the contractor sha ll make full use of training programs (i.e., apprenticeshi p and on-the-job training programs for the geographical area of contract
performance). In the event a s pecial provision for training is provided under this contra ct, this subparagraph will be superseded as indicated in th e special provision. The
contracting agency may reserve training positions for
persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants
for employment of avail able training programs and
entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, jo int training programs aimed toward qualifying more minorities and women for
membership in the unions and increasing the skills of
minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the
contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient re ferrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the
contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such
contractor shall immediately notify the contracting agency

8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be
familiar with the requirements for and comply with the
Americans with Disabilities Act and all rules and
regulations established thereunder. Employers must
provide reasonable accommodation in all employment
activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of
Materials and Leasing of Equipment: The contractor
shall not discriminate on the grounds of race, color,
religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all
necessary and reasonable steps to ensure
nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential
subcontractors, suppliers, and lessors of their EEO
obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business
Enterprise (DBE) program are incorporated by
reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted
contracts. Failure by the contractor to carry out these requirements is a material br each of this contract, which may result in the termination of this contract or such other remedy as the recipient 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 contractor from future bidding as non- responsible.

c. The Title VI and nondiscrim ination provisions of
U.S. DOT Order 1050.2A at Appendixes A and E are
incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep
such records as necessary to document compliance with
the EEO requirements. Such records shall be retained
for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for
inspection by authorized representatives of the
contracting agency and the FHWA.

a. The records kept by the contractor shall document
the following:
(1) The number and work hours of minority and non-
minority group members and women employed in
each work classification on the project;

(2) The progress and efforts being made in
cooperation with unions, when applicable, to increase
employment opportunities for minorities and women;

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 5
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
and

(3) The progress and efforts being made in locating,
hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an
annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently
engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-
1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use by employee custom. Th e contractor's obligation
extends further to ensure that its employees are not
assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilities" includes waiting rooms, work areas,
restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or
entertainment areas, transporta tion, and housing provided for employees. The contractor shall provide separate or single-user restrooms and nec essary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract
size), in accordance with 29 CFR 5.5. The requirements
apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113. This excludes roadways
functionally classified as lo cal roads or rural minor
collectors, which are exempt. 23 U.S.C. 101. Where
applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program
projects funded under 23 U.S.C. 133 [excluding
recreational trails projects ], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded
under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)

a. All laborers and mechanics employed or working
upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part
3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of
any contractual relationship which may be alleged to exist between the contractor and such laborers and
mechanics.

Contributions made or costs reasonably anticipated for
bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are
considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for
more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover
the particular weekly period, are deemed to be
constructively made or incu rred during such weekly
period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additi onal classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(i) The work to be performed by the classification
requested is not performed by a classification in the
wage determination; and

(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona
fide fringe benefits, bears a reasonable relationship
to the wage rates contained in the wage
determination.

(2) If the contractor and the laborers and mechanics to be employed in the classifica tion (if known), or their representatives, and the contracting officer agree on the classification and wage ra te (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S.

Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will
approve, modify, or di sapprove every additional
classification action within 30 days of receipt and so

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advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(3) In the event the contractor, the laborers or
mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.

(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2)
or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the
classification.

c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding (29 CFR 5.5)

The contracting agency shall upon its own action or upon written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other
federally- assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including appr entices, trainees, and
helpers, employed by the contra ctor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any fu rther payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records (29 CFR 5.5)

a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work.

Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs antic ipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

Contractors employing apprentices or trainees under
approved programs shall mainta in written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b. .(1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR

5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division Web site. The prime contractor is responsible for the
submission of copies of payro lls by all subcontractors.

Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own
records, without weekly submission to the contracting
agency.
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons em ployed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains
the information required to be provided under 29 CFR

5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;

(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29
CFR part 3;

(iii) That each laborer or mechanic has been paid not

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less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage
determination incorporated into the contract.

(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of
the “Statement of Compliance” required by paragraph

3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the
contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,
failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees (29 CFR 5.5)

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.

Department of Labor, Employment and Training
Administration, Office of Appr enticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of A pprenticeship Training, Employer and Labor Services or a St ate Apprenticeship Agency
(where appropriate) to be eligible for probationary
employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classifi cation of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate) specified in the contra ctor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the
journeymen hourly rate spec ified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If t he Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in
accordance with that determination.

In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of
an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the
applicable predetermined rate for the work performed until an acceptable program is approved

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has
received prior approval, evidenc ed by formal certification by the U.S. Department of Labor, Employment and
Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration

Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman
hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a traini ng plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the classifi cation of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportuni ty. The utilization of
apprentices, trainees and journeymen under this part shall be in conformity with the equ al employment opportunity requirements of Executive Order 11246, as amended, and
29 CFR part 30.

d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs whic h have been certified by the

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Secretary of Transportation as promoting EEO in
connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such
programs will be established by the particular programs.

The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor shall
insert Form FHWA-1273 in any subcontracts and also
require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the complianc e by any subcontractor or lower tier subcontractor with a ll the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a
contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in
29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contra ct. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7.

Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility (29 CFR 5.5)

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government
contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY

STANDARDS ACT

Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in
excess of $100,000 and subject to the overtime
provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in
addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers
and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or
subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed o n s u c h w o r k t o w o r k i n excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR 5.5.

2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on wh ich such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 of this section. 29 CFR 5.5.

* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may be adjusted annually by the Department of Labor;
pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990).

3. Withholding for unpaid wages and liquidated damages.

The FHWA or the contacting agency shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this section. 29 CFR 5.5.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. 29 CFR 5.5.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization

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(23 CFR 635.116).

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may
include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees
may only be included in this term if the prime contractor meets all of the following conditions: (based on
longstanding interpretation)

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;

(2) the prime contractor remains responsible for the
quality of the work of the leased employees;

(3) the prime contractor retains all power to accept
or exclude individual empl oyees from work on the
project; and

(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and
all other Federal regulatory requirements.

b. " Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of
contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount
upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or
produced by the contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall
furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct
performance of the work in accordance with the contract requirements, and is in charge of all construction
operations (regardless of who performs the work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as
the contracting officer determi nes is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30- percent self-performance requirement of
paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own
self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part
635). The contractor shall pr ovide all safeguards, safety devices and protective equipment and take any other
needed actions as it determines , or as the contracting officer may determine, to be reasonably necessary to
protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in
performance of the contract, to work in surroundings or under conditions which are un sanitary, hazardous or
dangerous to his/her health or safety, as determined
under construction safety and health standards (29 CFR
Part 1926) promulgated by the Secretary of Labor, in
accordance with Section 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3704). 29 CFR
1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized
representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the
matter of compliance with the construction safety and
health standards and to carry out the duties of the
Secretary under Section 107 of the Contract Work Hours
and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING

HIGHWAY PROJECTS

This provision is applic able to all Federal-aid
construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved pl ans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project pe rform their functions as
carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mi srepresentation with respect to any facts related to the project is a violation of Federal law.

To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:

“Whoever, being an officer, agent, or employee of the
United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation,
knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the s ubmission of plans, maps,
specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

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Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the c onstruction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement,
certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT (42
U.S.C. 7606; 2 CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.

By submission of this bid/propos al or the execution of this contract or subcontract, as appropriate, the bidder,
proposer, Federal-aid construction contractor,
subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the
Federal Water Pollution Control Act, as amended (33
U.S.C. 1251-1387). Violations must be reported to the
Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting
agency may direct as a means of enforcing such
requirements. 2 CFR 200.326.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBIL ITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements,
consultant contracts or any other covered transaction
requiring FHWA approval or that is estimated to cost
$25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and 1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitti ng this proposal, the
prospective first tier parti cipant is providing the
certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of
participation in this covered transaction. The prospective first tier participant shall s ubmit an explanation of why it cannot provide the certification set out below. The
certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from
participation in this transaction. 2 CFR 180.320.

c. The certification in this clause is a material
representation of fact upon which reliance was placed
when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal
Government, the contracting agency may terminate this
transaction for cause of default. 2 CFR 180.325.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to
whom this proposal is submitted if any time the
prospective first tier participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances. 2 CFR
180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person,"
"principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I,
180.900-180.1020, and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a
participant (such as the pr ime or general contract).
“Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction
with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered
transaction with a Fi rst Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by
submitting this proposal t hat, should the proposed
covered transaction be entered into, it shall not
knowingly enter into any lo wer tier covered transaction with a person who is debarred, suspended, declared
ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or
contracting agency, entering into this covered
transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.

h. A participant in a covered transaction may rely
upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. 2 CFR 180.300; 180.320, and 180.325. A
participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/).
2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be
construed to require the establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and information
of the prospective participant is not required to exceed

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FEBRUARY 2023
that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions aut horized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.

* * * * *

2. Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion – First Tier Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a
criminal offense in connecti on with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise
criminally or civilly char ged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this
certification, 2 CFR 180.700 and 180.800; and

(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).

(5) Are not a corporation that has been convicted of
a felony violation under any Federal law within the two- year period preceding this proposal (USDOT Order
4200.6 implementing appropriations act requirements);
and

(6) Are not a corporation with any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have
lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6
implementing appropriations act requirements).

b. Where the prospective par ticipant is unable to
certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.

3. Instructions for Certification - Lower Tier
Participants:

(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.

a. By signing and submitti ng this proposal, the
prospective lower tier par ticipant is providing the
certification set out below.

b. The certification in this clause is a material
representation of fact upon which reliance was placed
when this transaction was entered into. If it is later
determined that the prospective lower tier participant
knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,
the department, or agency with which this transaction
originated may pursue ava ilable remedies, including
suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person,"
"principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200. You may contact the person to
which this proposal is submitted for assistance in
obtaining a copy of those regul ations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier
Covered Transactions” refers to any covered transaction under a First Tier Covere d Transaction (such as
subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant”
refers any participant who has entered into a covered
transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary E xclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitat ions for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 1200.220.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered
transaction, unless it knows that the certification is
erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise
ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website ( https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR 180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 12
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
to require establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered
transaction with a person wh o is suspended, debarred,
ineligible, or voluntarily excluded from participation in this transaction, in addition to othe r remedies available to the Federal Government, the department or agency with
which this transaction orig inated may pursue available remedies, including suspension and/or debarment. 2 CFR 180.325.

* * * * *

Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its
principals:

(a) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency, 2 CFR 180.355;

(b) is a a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6
implementing appropriations act requirements); and

(c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that
is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing
appropriations act requirements)

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shoul d attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF

CONTRACT FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid
construction contracts and to all related subcontracts
which exceed $100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal , to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
b. 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 Federal agency, a Member of
Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a mate rial representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or ent ering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by
submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000
and that all such recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, or any other covered transaction. 46 CFR Part 381.

This requirement applies to material or equipment that is acquired for a specific Feder al-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-
contract.

When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a specific Federal-aid c onstruction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuan t to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of- lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime Administration, Washington, DC
20590. (MARAD requires copies of the ocean carrier's
(master) bills of lading, certified onboard, dated, with rates and charges. These bills of l ading may contain business sensitive information and therefore may be submitted
directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.

ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL
ACCESS ROAD CONTRACTS (23 CFR 633, Subpart B,
Appendix B) This provision is applicable to all Federal-aid projects funded under the Appalachian Regional

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 13
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be,
done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as
designated by the DOL wherein the contract work is
situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:
a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specia lly experienced personnel
necessary to assure an efficient execution of the
contract work.

c. For the obligation of the contractor to offer
employment to present or former employees as the
result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under
this subparagraph (1c) shall not exceed 20 percent of
the total number of employees employed by the
contractor on the contract work, except as provided in
subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees
required in each classificati on, (c) the date on which the participant estimates such employees will be required,
and (d) any other pertinent information required by the State Employment Service to complete the job order form.

The job order may be placed with the State Employment
Service in writing or by telephone. If during the course of the contract work, the information submitted by the
contractor in the original job order is substantially
modified, the participant shal l promptly notify the State Employment Service.

3. The contractor shall give full consideration to all
qualified job applicants referred to him by the State
Employment Service. The cont ractor is not required to
grant employment to any job applicants who, in his
opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the
Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site
work.

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 14
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023

FEMALE AND MINORITY GOALS
To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS

Economic Area Goal
(Percent)

174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 San Francisco-Oakland-San Jose, CA:

28.9 25.6

19.6 14.9

9.1 17.1

23.2 SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
176 CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA
Yolo Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA 12.3
178 CA Stanislaus
8120 Stockton, CA

24.3 CA San Joaquin
Non-SMSA Counties 19.8
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 15
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
Fresno-Bakersfield, CA
SMSA Counties:
179 0680 Bakersfield, C A 19.1
CA Kern
2840 Fresno, CA 26.1
CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

23.6 Los Angeles, CA:

11.9 28.3

21.5 19.0

19.7 24.6
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
180 6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
San Diego, CA:

16.9 18.2
SMSA Counties
181 7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 8.

Title VI Assurances.

APPENDIX A

During the performance of this Contract, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:

(a) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

(b) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 16
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023

(c) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including pr ocurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

(d) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.

(e) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

(a) withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part.

(f) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 17
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023

APPENDIX E

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons di splaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4 7123), 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 definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilitie s Act, 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 U.S.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English 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 U.S.C. 1681 et seq).

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM EXHIBIT A
CITY PROJECT NO. 01-11 PAGE 18
FEDERAL PROJECT NO. BRLO 5282(017)
FEBRUARY 2023
Use of United States-Flag Vessels (Cargo Preference Act).

The Contractor agrees-

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material , or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.

2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days fo llowing the date of l oading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Div ision of National Carg o, Office of Market Development, Maritime Administration, Washington, DC 20590.

3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 1
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
[REPLACED WITH ADDENDUM 6 ON DECEMBER 12, 2023]

"General Decision Number: CA20220025 10/07/2022

Superseded General Decision Number: CA20210025

State: California

Construction Types: Building, Heavy (Heavy and Dredging) and Highway

County: Riverside County in California.

BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS

Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $15.00 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2022. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $11.25 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2022. | |______________________________|_____________________________|

The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a
conformance request.

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 2
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

Additional information on contractor requirements and worker protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.

Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/11/2022
4 02/18/2022
5 02/25/2022
6 04/29/2022
7 08/05/2022
8 08/12/2022
9 08/19/2022
10 09/02/2022
11 09/30/2022
12 10/07/2022

* ASBE0005-002 07/04/2022
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 49.58 25.27 Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66 ----------------------------------------------------------------

* ASBE0005-004 07/04/2022
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 23.52 13.37 ----------------------------------------------------------------

BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81 ----------------------------------------------------------------

* BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 3
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ----------------------------------------------------------------

BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11 TILE FINISHER....................$ 30.47 12.52 TILE LAYER.......................$ 43.09 18.31 ----------------------------------------------------------------

BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER................$ 35.43 14.10 TERRAZZO WORKER/SETTER...........$ 43.61 14.63 ----------------------------------------------------------------

CARP0213-001 07/01/2021
Rates Fringes

CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28

FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre- drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------

CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 4
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
(4) Assistant Tender........$ 413.84 16.28

Amounts in ""Rates' column are per day

---------------------------------------------------------------- CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
----------------------------------------------------------------

CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15 ----------------------------------------------------------------

ELEC0440-001 12/27/2021
Rates Fringes

ELECTRICIAN
INSIDE ELECTRICIAN..........$ 49.73 3%+24.44

INTELLIGENT TRANSPORTATION

SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18

ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.

Zone B:Any work performed in Zone (B) shall add $12.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ----------------------------------------------------------------

ELEC1245-001 06/01/2022
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79

HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
----------------------------------------------------------------

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 5
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b

FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day.
----------------------------------------------------------------

ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 6
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20

PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton

Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator.

SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman

GROUP 2: Asphalt-rubber plant operator (nurse tank operator); Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; PJU side dum jack; Screening and conveyor machine operator (or similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler

GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (Skid steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator

GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type); Boring machine operator; Boxman or mixerman (asphalt or concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highline cableway

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 7
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); Vacuum or much truck

GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).

GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1 drum); Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator

GROUP 8: Asphalt or concrete spreading operator (tamping or finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 8
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull
(compaction) operator

GROUP 9: Heavy Duty Repairman

GROUP 10: Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9 cat.); Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment)

GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified.

GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine); Pipe mobile machine operator; Rubber-tired earth- moving

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 9
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units)

GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine, up to and including 25 yds. struck)

GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.)

GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)

GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber-tired earth-moving equipment operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type)

GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)

GROUP 19: Rotex concrete belt operator (or similar types); Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)

GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 10
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck)

GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)

GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck)

GROUP 24: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds. struck)

GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)

CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS

GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types)

GROUP 2: Truck crane oiler

GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)

GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator

GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type); Tugger hoist operator (1 drum)

GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type); Lift mobile
operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 11
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)

GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds., M.R.C.)

GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons

GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry

GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100 tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 100 tons up to and including 200 tons mrc)

GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc)

GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tons); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons)

TUNNEL CLASSIFICATIONS

GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)

GROUP 2: Power-driven jumbo form setter operator

GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)

GROUP 4: Bit sharpener; Equipment greaser (grease truck);

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 12
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
Slip form pump operator (power-driven hydraulic lifting device for concrete forms); Tugger hoist operator (1 drum); Tunnel locomotive operator (over 10 and up to and including 30 tons)

GROUP 5: Backhoe operator (up to and including 3/4 yd.); Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types); Mucking machine operator (1/4 yd., rubber-tired, rail or track type); Pneumatic concrete placing machine operator (Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum); Tunnel locomotive operator (over 30 tons)

GROUP 6: Heavy Duty Repairman

GROUP 7: Tunnel mole boring machine operator

ENGINEERS ZONES

$1.00 additional per hour for all of IMPERIAL County and the portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as defined below:

That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection of I-15 and the California State line at that point which is the NW corner of Section 1, T17N,m R14E, San Bernardino Meridian. Continue W in a straight line to that point which is the SW corner of the northwest quarter of Section 6, T27S, R42E, Mt. Diablo Meridian. Continue North to the intersection with the Inyo County Boundary at that point which is the NE corner of the western half of the northern quarter of Section 6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern County, as that point which is the SE corner of Section 34, T24S, R40E, MDM. Continue W along the Inyo and Kern County boundary until the intersection with Tulare County, at that point which is the SW corner of the SE quarter of Section 32, T24S, R37E, MDM. Continue W along the Kern and Tulare County boundary, until that point which is the NW corner of T25S, R32E, MDM. Continue S following R32E lines to the NW corner of T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E, MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.

Continue S to SW corner of T11N, R17W, SBM. Continue E along south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.

Continue S to SW corner of T9N, R7W, SBM. Continue E along south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.

Continue S along west boundary of R1E, SMB to Riverside County line at the SW corner of T1S, R1E, SBM. Continue E along south boundary of T1s, SBM (Riverside County Line) to SW corner of T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to Imperial County line at the SW corner of T8S, R10E, SBM.

Continue W along Imperial and Riverside county line to NW corner of T9S, R9E, SBM. Continue S along the boundary between

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 13
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
Imperial and San Diego Counties, along the west edge of R9E, SBM to the south boundary of Imperial County/California state line. Follow the California state line west to Arizona state line, then north to Nevada state line, then continuing NW back to start at the point which is the NW corner of Section 1, T17N, R14E, SBM

$1.00 additional per hour for portions of SAN LUIS OBISPO, KERN, SANTA BARBARA & VENTURA as defined below:

That area within the following Boundary: Begin approximately 5 miles north of the community of Cholame, on the Monterey County and San Luis Obispo County boundary at the NW corner of T25S, R16E, Mt. Diablo Meridian. Continue south along the west side of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW corner of T30S, R17E, MDM. Continue S to SW corner of T31S, R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.

Continue S along West side of R18E, MDM as it crosses into San Bernardino Meridian numbering area and becomes R30W. Follow the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.

Continue E along the south edge of T9N, SBM to the Santa Barbara County and Ventura County boundary at that point whch is the SW corner of Section 34.T9N, R24W, SBM, continue S along the Ventura County line to that point which is the SW corner of the SE quarter of Section 32, T7N, R24W, SBM. Continue E along the south edge of T7N, SBM to the SE corner to T7N, R21W, SBM. Continue N along East side of R21W, SBM to Ventura County and Kern County boundary at the NE corner of T8N, R21W.

Continue W along the Ventura County and Kern County boundary to the SE corner of T9N, R21W. Continue North along the East edge of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue West along the north edge of T12N, SBM to the SE corner of T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM and T32S MDM]. Continue North along the East side of R21E, MDM to the Kings County and Kern County border at the NE corner of T25S, R21E, MDM, continue West along the Kings County and Kern County Boundary until the intersection of San Luis Obispo County. Continue west along the Kings County and San Luis Obispo County boundary until the intersection with Monterey County. Continue West along the Monterey County and San Luis Obispo County boundary to the beginning point at the NW corner of T25S, R16E, MDM.

$2.00 additional per hour for INYO and MONO Counties and the Northern portion of SAN BERNARDINO County as defined below:

That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the California state line at the point which is the center of Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then SE along the entire western boundary of Mono County, until it reaches Inyo County at the point which is the NE corner of the Western half of the NW quarter of Section 2, T8S, R29E, MDM.

Continue SSE along the entire western boundary of Inyo County, until the intersection with Kern County at the point which is the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.

Continue E along the Inyo and Kern County boundary until the

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 14
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
intersection with San Bernardino County at that point which is the SE corner of section 34, T24S, R40E, MDM. Continue E along the Inyo and San Bernardino County boundary until the point which is the NE corner of the Western half of the NW quarter of Section 6, T25S, R42E, MDM. Continue S to that point which is the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.

Continue E in a straight line to the California and Nevada state border at the point which is the NW corner of Section 1, T17N, R14E, San Bernardino Meridian. Then continue NW along the state line to the starting point, which is the center of Section 18, T10N, R22E, MDM.

REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------------------------------

ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
----------------------------------------------------------------

IRON0433-006 07/01/2020
Rates Fringes

IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45

PREMIUM PAY:

$6.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB

$4.00 additional per hour at the following locations:

Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center

$2.00 additional per hour at the following locations:

Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ----------------------------------------------------------------

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 15
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

LABO0300-005 08/01/2022
Rates Fringes
Asbestos Removal Laborer.........$ 39.23 23.28

SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of decontamination stations.
----------------------------------------------------------------

LABO0345-001 07/01/2022
Rates Fringes

LABORER (GUNITE)
GROUP 1.....................$ 48.50 21.37
GROUP 2.....................$ 47.55 21.37
GROUP 3.....................$ 44.01 21.37

FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of 75'-0"" above base level and which work must be performed in whole or in part more than 75'-0"" above base level, that work performed above the 75'-0"" level shall be compensated for at 35 cents per hour above the applicable
classification wage rate.

GUNITE LABORER CLASSIFICATIONS

GROUP 1: Rodmen, Nozzlemen

GROUP 2: Gunmen

GROUP 3: Reboundmen
----------------------------------------------------------------

LABO1184-001 07/01/2022
Rates Fringes
Laborers: (HORIZONTAL

DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 40.69 18.25
(2) Vehicle Operator/Hauler.$ 40.86 18.25
(3) Horizontal Directional
Drill Operator..............$ 42.71 18.25
(4) Electronic Tracking
Locator.....................$ 44.71 18.25
Laborers: (STRIPING/SLURRY

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 16
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
SEAL)
GROUP 1.....................$ 41.90 21.32
GROUP 2.....................$ 43.20 21.32
GROUP 3.....................$ 45.21 21.32
GROUP 4.....................$ 46.95 21.32

LABORERS - STRIPING CLASSIFICATIONS

GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician

GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all related machinery and equipment

GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This
category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and equipment; power broom sweeper

GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------

LABO1184-002 07/01/2022
Rates Fringes

LABORER (TUNNEL)
GROUP 1.....................$ 45.68 23.30
GROUP 2.....................$ 46.00 23.30
GROUP 3.....................$ 46.46 23.30
GROUP 4.....................$ 47.15 23.30

LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04

LABORER CLASSIFICATIONS

GROUP 1: Cleaning and handling of panel forms; Concrete

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 17
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations

GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer(lead); Tank scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower

GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled

GROUP 4: Asphalt raker, lute person, ironer, asphalt dump

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 18
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
person, and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast

GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal

TUNNEL LABORER CLASSIFICATIONS

GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and switch person on tunnel work); Tunnel materials handling person; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc.)

GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person; Concrete crew, including rodder and spreader

GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer house); Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher

GROUP 4: Diamond driller; Sandblaster; Shaft and raise work ----------------------------------------------------------------

* LABO1184-004 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 21.45 ----------------------------------------------------------------

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 19
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

LABO1414-001 08/03/2022
Rates Fringes

LABORER
PLASTER CLEAN-UP LABORER....$ 38.92 23.32
PLASTER TENDER..............$ 41.47 23.32

Work on a swing stage scaffold: $1.00 per hour additional. ----------------------------------------------------------------

PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24

REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities.
----------------------------------------------------------------

PAIN0036-008 09/01/2022
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 46.28 23.52 ----------------------------------------------------------------

PAIN0036-015 01/01/2020
Rates Fringes
GLAZIER..........................$ 43.45 23.39

FOOTNOTE: Additional $1.25 per hour for work in a condor, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up
----------------------------------------------------------------

PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64 ----------------------------------------------------------------

PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91 ----------------------------------------------------------------

PLUM0016-001 09/01/2022
Rates Fringes

PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 20
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
floor space.................$ 53.51 25.28
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 40.95 23.61
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 55.18 26.26
----------------------------------------------------------------

PLUM0345-001 09/01/2022
Rates Fringes

PLUMBER
Landscape/Irrigation Fitter.$ 38.20 25.65
Sewer & Storm Drain Work....$ 42.29 23.03
----------------------------------------------------------------

ROOF0036-002 08/01/2022
Rates Fringes
ROOFER...........................$ 43.47 19.52

FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay.
----------------------------------------------------------------

SFCA0669-002 01/01/2022
Rates Fringes
SPRINKLER FITTER.................$ 41.27 26.77 ----------------------------------------------------------------

SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and Big Pines)and Catalina Island, INYO, KERN (Northeast part, East of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES

Rates Fringes

SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 21
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
----------------------------------------------------------------

TEAM0011-002 07/01/2020
Rates Fringes

TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:

PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB]

TRUCK DRIVERS CLASSIFICATIONS

GROUP 1: Truck driver

GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom

GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver

GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete truck, less than 6-1/2 yds. water level

GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work;
Slurry truck driver

GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level

GROUP 7: A Frame, Swedish crane or similar; Forklift driver;

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 22
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022
Ross carrier driver

GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder

GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over

GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment

GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments

GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 23
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

----------------------------------------------------------------

INDIAN CANYON DRIVE WIDENING AGREEMENT FORM FEDERAL WAGE RATES CITY PROJECT NO. 01-11 PAGE 24
FEDERAL PROJECT NO. BRLO 5282(017)
SEPTEMBER 2022

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================

END OF GENERAL DECISION"

Attachment C

Revised 2.9.22 Page 1 of 44

PROFESSIONAL SERVICES AGREEMENT

INDIAN CANYON DRIVE WIDENING
& UPRR BRIDGE REPLACEMENT
FEDERAL-AID PROJECT NO. BRLO-5282(017)
CITY PROJECT NO. 01-11

THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) is entered into, and effective on _____________, 2023, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (“City”) and Harris & Associates, 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 Professional Construction Management Firm for Indian Canyon Drive Widening & UPRR Bridge Replacement, Federal Aid Project No. BRLO 5282 (017), City Project No. 01-11, (“Project”).

B. Consultant has submitted to City a proposal to provide comprehensive construction management, survey, material testi ng and inspection 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 W ork 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.

Revised 2.9.22 Page 2 of 44

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 Consultant’s Proposal, which are both 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 b e resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal ; (3rd) the terms of this Agreement; and, (4 th) the provisions of the Consultant’s Proposal.

1.3 Compliance with Law . Consultant warrants that all S ervices 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 eff ect 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, assess ments, 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 the 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 Revised 2.9.22 Page 3 of 44

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 execute all instruments, prepare all documents, and take all actio ns 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 altering, 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 S ervices rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “ C” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Four Million, One Hundred Twenty-Six Thousand, Five Hundred and Seventeen , Dollars and Fifty-Four Cents, ($ 4,126,517.54) (" Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit “ C.” C ompensation for necessary expenditures for reproduction costs, telephone expense s, and transportation expense s 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 C ity’s Maximum Contract Amount is reached before the Consultant’s S ervices under this Agreement are completed, C onsultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.

2.2. Method of Payment
. Unless an other method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive Revised 2.9.22 Page 4 of 44

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 after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

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.

C. Consultant shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by the City’s Contract Officer. There shall be no change in the Consultant’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is part of this Agreement, without prior written approval by City’s Contract Officer.

2.4 Appropriations
. This A greement 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. Consultant further acknowledges the following:

A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoi d program and fiscal delays that would occur if the Agreement were executed after that determination was made.

B. This Agreement is valid and enforceable only, if sufficient funds are made available to the City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this Agreement in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds.

Revised 2.9.22 Page 5 of 44

D. The City has the option to void the Agreement under the 30- day termination clause pursuant to as provided in Section 3.5 of this Agreement, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

2.5 Cost principals and Administration Requirements.

A. Consultant agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City.

2.6 Prompt Payment to Subconsultants
. Consultant or Subconsultant shall pay to any
Subconsultant, not later than ten (10) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the Subconsultants, to the extent of each Subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or S ubconsultant to a S ubconsultant, Consultant or Subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the Subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

2.7 Equipment Purchase and other Capital Expenditures
.

A. Prior authorization in writing, by City’s Contract Officer, shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies , equipment, or Consultant services. Consultant shall provide an evaluati on of the necessity or desirability of incurring such costs.

B. For purchase of any item, service or consulting work not covered in Consultant’s Cost Proposal and exceeding $5,000 prior authorization by City’s Contract Officer ; three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

Revised 2.9.22 Page 6 of 44

C. Any equipment purchased as a result of this Agreement is subject to the following: “Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment.

Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City .” 2 CFR, Part 200 requires a credit to Federal fu nds when participating equipment with a fair market value greater than $5,000 is credited to the project.

2.8 Retention of Funds
.

A. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

B. No retainage will be held by the City from progress payments due to Consultant. Consultants and Subconsultants are prohibited from holding retainage from S ubconsultants. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating Consultant or Subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or Subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient Subconsultant performance and/or noncompliance by a S ubconsultant. This clause applies to both DBE and non-DBE Subconsultants.

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 diligently 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 the 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 the Schedule of Pe rformance may be approved in Revised 2.9.22 Page 7 of 44

writing by the C ontract 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 time for performan ce 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 othe r 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 governm ental 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. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for perform ing 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 3.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 4 years , commencing on March 1, 2023, and ending on March 1, 2027, unless extended by mutual written agreement of the Parties. However, the term shall not exceed Five (5) 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 p eriod 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 termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Consultant further acknowledges the following:

A. Upon termination, the City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates Revised 2.9.22 Page 8 of 44

performed to that date, whether completed or not, and in accordance with Section 7.3 Ownership of Documents.

B. The City may temporarily suspend this Agreement, at no additional cost to the City, provided that Consultant is given written notice of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section.

C. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined.

D. In the event of termination, Consultant shall be compensated as provided for in this Agreement, except as provided in Section 2.7- C. Upon termination, the City shall be entitled to all work, including but not limited to, reports, investigations, appraisals , inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 7.3 Ownership of Documents.

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: Ehab Gerges, Chief Business Development Officer. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing pr incipal 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 Officer 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 made 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 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 operati on 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, Revised 2.9.22 Page 9 of 44

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 A greement 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. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.

Consultant further acknowledges the following:

A. No subcontract shall relieve the Consultant of its responsibilities and obligations hereunder.

The Consultant agrees to be as fully responsible to the City for the acts and omissi ons of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant . The Consultant’s obligation to pay its Subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.

B. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City’s Contract Officer, except that which is expressly identified in the approved Cost Proposal.

C. Any subcontract entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.

D. Any substitution of Subconsultants must be approved in writing by the City’s Contract Officer in advance of assigning work to a substitute Subconsultant.

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 have 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, compe nsation, or hours of service. Consultant shall pay all wages, Revised 2.9.22 Page 10 of 44

salaries, 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’ compensation, 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 an y 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 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, subConsultant s, 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 requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices 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 Services are being performed as part of an applicable “public works” or “maintenance” project and if 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 Revised 2.9.22 Page 11 of 44

the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Consultant Further Acknowledges the following:

A. No Consultant or Subconsultant may be awarded an Agreement containing publ ic work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement, including any subsequent amendments.

B. The Consultant shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this Agreement are available and on file with the Departmen t of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance ). These wage rates are made a
specific part of this Agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at Ci ty construction sites, at City facilities and at off -site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov .

D. Each Consultant and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overti me hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (A) The information contained in the payroll record is true and correct. (B) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

E. The payroll records enumerated under paragraph D above shall be certified as correct by the Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Consultant. The Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: (A) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. (B) A certified copy of all payroll records enumerated in paragraph D above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified Revised 2.9.22 Page 12 of 44

payrolls submitted to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Consultant. (C) The public shall not be given access to certified payroll records by the Consultant. The Consultant is required to forward any requests for certified payrolls to the City Contract Officer by both email and regular mail on the business day following receipt of the request.

F. Each Consultant shall submit a certified copy of the records enumerated in paragraph D above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number.

The name and address of the Consultant or Subconsultant performing the work shall not be marked or obliterated. The Cons ultant shall inform the City of the location of the records enumerated under paragraph D above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. In the event the Consultant or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such pena lties shall be withheld by City from payments then due. Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

G. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City’s Contract Officer.

H. The Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775.

Pursuant to Labor Code §1775, the Consultant and any Subconsultant shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

I. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Consultant or Subconsultant in failing to pay the correct rate of prevailing wage s, or the previous record of the Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Consultant or Subconsultant had knowledge of the obligations under the Labor Code.

The Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.

J. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion Revised 2.9.22 Page 13 of 44

thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Consultant or Subconsultant.

K. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the Consultant is not liable for the penalties described above unless the Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Consultant fails to comply with all of the following requirements: (A) The Agreement executed between the Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. (B) The Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. (C) Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. (D) Prior to making final payment to the Subconsultant for work performed on the public works project, the Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

L. Pursuant to Labor Code §1775, the City shall notify the Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

M. If the City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if the City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by the City.

N. Eight (8) hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty to the City, twenty -five dollars ($25) for each worker employed in the execution of the Agreement by the Consultant or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815.

O. Where either the Contact or the subcontract exceeds thirty thousand dollars ($30,000), the Consultant and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

Revised 2.9.22 Page 14 of 44

Consultant and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices , including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Consultant and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/
, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the Agreement work. The Consultant is responsible for all subconsultants ’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

5. INSURANCE

5.1 Types of Insurance . Consultant shall procure 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 W ork under this Agreement , including Consultant's agents, representatives, or employees. In the event the City Manager determines 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 acco rdingly 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 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 aggregate, 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 Revised 2.9.22 Page 15 of 44

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, w orkers’ 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 insurer waiving subrogation rights under its workers ’ compensation insurance policy against the City and to require each of its subConsultant s, 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 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 throughout 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 shall include coverage for owned, non-owned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throu ghout 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 guarantee s 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.

Revised 2.9.22 Page 16 of 44

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 the 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 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 subConsultant s, and any other parties involved with the Project who are brought onto or involved in the P roject 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 the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the P roject 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.

Revised 2.9.22 Page 17 of 44

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 expiration. Endorsements as required in t his 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 limits 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 is sue, 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 provision 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 W ork 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 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 s ection 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 require 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.

Verification of Insurance coverage 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 Revised 2.9.22 Page 18 of 44

Liability Insurance Coverage with an approved Additional Insured Endors ement 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.

D. Both the Workers’ Compensation and Employers' Liabilit y 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 authoriz ed 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, errors 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 Cons ultant’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 Revised 2.9.22 Page 19 of 44

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 incorpor ated 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.

6.3 Claims Filed by City’s Construction Contractor.

A. If claims are filed by the City’s construction contractor relating to work performed by Consultant’s personnel, and additional information or assistance from Consultant’s personnel is required in order to evaluat e or defend against such claims; Consultant agrees to make its personnel available for consultation with the City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. Consultant’s personnel that the City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the City.

Consultant shall be responsible for all costs associated with c onsultation or testimony, including travel costs, associated with defense of the City’s construction contractor claims.

C. Services of Consultant’s personnel in connection with the City’s construction contractor claims will be performed pursuant to a written amendment to this Agreement, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

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.

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 that 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, circumsta nces, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design Revised 2.9.22 Page 20 of 44

services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the proj ect 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. The Consultant further acknowledges the following:

A. Consultant shall submi t progress reports at least once a month. The report should be sufficiently detailed for the Contract Officer to determine, if Consultant is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently ad dress any difficulties or special problems encountered, so remedies can be developed.

B. Consultant’s Project Manager shall meet with the City’s Contract Officer, as needed, to discuss progress on the Project.

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 the 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 its subConsultant s shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignmen t, Consultant shall indemnify City for all resulting damages.

Consultant further acknowledges the following:

A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this Agreement will automatically be vested in the City; and no further agreement will be necessary to transfer ownership to the City. Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Consultant hereunder to be work made for hire. Consultant acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into.

Revised 2.9.22 Page 21 of 44

C. Consultant is not liable for claims, liabilities, or los ses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by Consultant under this Agreement; further, Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by the City of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by Consultant.

D. Applicable patent right s provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. The City may permit copyrighting reports or other agreement products. If copyrights are permitted; the agreement shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

F. Immediately upon termination, City shall be entitled to, and Consultant shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Consultant in performing this Agreement which is not Consultant’s privileged information, as defined by law, or Consultant’s personnel information, along with all other property belonging exclusively to City which is in Consultant’s possession.

G. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City.

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

Consultant further acknowledges the following:

A. All financial, statistical, personal, technical, or other data and information relative to the City’s operations, which are designated confidential by the City and made available to Consultant in order to carry out this Agreement, shall be protected by Consultant from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by the City relating to the Agreement , shall not authorize Consultant to further disclose such information, or disseminate the same on any other occasion.

C. Consultant shall not comment publicly to the press or any other media regarding the Agreement or the City’s actions on the same, except to the City’s staff, Consultant’s own personnel Revised 2.9.22 Page 22 of 44

involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee.

D. Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the City, and receipt of the City’s written permission.

E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.

F. All information related to the construction estimate is confidential, and shall not be disclosed by Consultant to any entity, other than the City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Consultant pursuant to performance of this Agreement are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Consultant or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreem ent, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

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, records, work data, documents , and activities directly related to Consultant’s performanc e under this Agreement . Consultant shall maintain such books, records, data , and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

Consultant further acknowledges the following:

A. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California C ode of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement , including but not limited to, the costs of
administering the Agreement. All parties , including
Consultants Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three years after final disposition . The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Fede ral laws or regulations (including the basis of Federal funding Revised 2.9.22 Page 23 of 44

in whole or in part) shall have access to any books, records, and documents of Consultant and it’s certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested.

B. Consultant and any subconsultant shall permit the City, the state, and the FHWA if federal participating funds are used in this Agreement; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis.

7.6 Audit Review Procedures.

A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Chief Financial Officer.

B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.

D. Consultant and S ubconsultant contracts, including cost proposals and Indirect Cost Rates (ICR), are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, state, or local government officials a re allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

E. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant a nd approved by the City’s Contract Officer to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommend ations included in the management letter or audit Revised 2.9.22 Page 24 of 44

recommendations included in the audit report will be considered a breach of the Contract terms and cause for termination of the Contract and disallowance of prior reimbursed costs.

F. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, the City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other appli cable procedures and guidelines}is received and approved by IOAI . If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

G. If IOAI is unable to issue a cognizant letter per paragraph F above, IOAI may require Consultant to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.

H. If the Consultant fails to comply with the provisions of this Section 7.6, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph F above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

I. Consultant may submit the final invoice to the City only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of the City; and, (3) IOAI has issued its final ICR review letter. The Consultant must submit the final invoice to the City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or Subconsultant, with the same fiscal period ICR.

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 Agreement shall be instituted in the Superior Court of the County of Riverside , State of Revised 2.9.22 Page 25 of 44

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 this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may d esignate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its 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 that 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.

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.

Revised 2.9.22 Page 26 of 44

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 betw een 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.

8.9 Disputes.

A. Prior to either party commencing any legal action under this Agreement , the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

B. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City’s Contract Officer and City Engineer, who may consider written or verbal information submitted by Consultant.

C. Not later than thirty (30) calendar days after completion of all work under the Agreement, Consultant may request review by City Co uncil of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

D. Neither the pendency of a dispute, nor its consideration by the committee will excuse Consultant from full and timely performance in accordance with the terms of this Agreement.

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 successor, or for breach of any obligation of the terms of this Agreement.

Revised 2.9.22 Page 27 of 44

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 Consultant enter into any agreement of any kind with any such officer or employee during the term of thi s 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. Further, Consultant acknowledges the following:

A. Consultant shall disclose any financial, business, or other relati onship with the City that may have an impact upon the outcome of this Agreement, or any ensuing City construction project.

Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing City construction project, which will follow.

B. Consultant certifies that it has disclosed to the City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement.

Consultant agrees to advise the City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either the City ordinance or State law.

C. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.

D. Consultant hereby certifies that neither Consultant, its employees, nor any firm affiliated with Consultant providing services on this project prepared the Plans, Specifications, and Estimate for any construction project included within this Agreement . An affiliated firm is one, which is subject to the control of the same persons through joint- ownership, or otherwise.

E. Consultant further certifies that neither Consultant, nor any firm affiliated with Consultant, will bid on any construction subcontracts included within the construction contract.

Additionally, Consultant certifies that no person working under this Agreement is also employed by the construction contractor for any project included within this Agreement.

F. Except for subconsultants whose services are limited to materials testing, no subconsultant who is providing service on this Agreement shall have provided services on the design of any project included within this Agreement.

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 City’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 Revised 2.9.22 Page 28 of 44

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.

Consultant further acknowledges the following requirements:

A. Consultant’s signature affixed herein, and dated, shall constitute a cert ification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

B. During the performance of this Agreement , Consultant and its S ubconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, menta l disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and Subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and S ubconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov.

Code §§11135-11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a -f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty- four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause. Consultant and its S ubconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

C. The Consultant shall comply with regulations relative to non- discrimination in federally - assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

D. The Consultant, with regard to the work performed under this Agreement , s hall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of Revised 2.9.22 Page 29 of 44

nondiscrimination in which no person in the United States s hall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

E. Consultant, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the City components of the DBE Program Plan, Consultant, subrecipient or subconsultant will not, directly, or through contractual or other

arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest (herein collectively referred to as CONSULTANT) agrees as follows:

a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Re gulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the , shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section

21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub -agreements, Inclu ding Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential su b-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to b e pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA Revised 2.9.22 Page 30 of 44

as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part.
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub- agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
g. CONSULTANT shall take such action with respect to any sub- agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the inter ests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

H. During the performance of this Agreement , the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non- discrimination statutes and authorities; including but not limited to:

a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
b. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Fe deral or Federal -aid programs and projects);
c. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
d. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; e. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
f. Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
g. 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 definition of the terms "programs or activities" to include all of the Revised 2.9.22 Page 31 of 44

programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); h. Titles II and III of the Americans with Disabilities Act, 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 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; i. The Federal Aviation Administration's Non- discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
j. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minori ty populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
k. Executive Order 13166, Improving Access to Services for Persons with Li mited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English 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); l. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).

9.4 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

9.5 Contingent Fee . Consultant warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fi de employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

10. MISCELLANEOUS PROVISIONS

Revised 2.9.22 Page 32 of 44

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 the 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 alteration 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.

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 upon 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. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332

Revised 2.9.22 Page 33 of 44

To Consultant: Harris & Associates, Inc.

Attention: Ehab Gerges
22 Executive Park, Suite 2022
Irvine, CA 92614
Telephone: 949-683-2011
Facsimile: 949-655-3995

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 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 P arty for which he or she is signing, (iii) by so executing this Agreement, the P arty 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.

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10.10 Prohibition of Expending City, State or Federal Funds for Lobbying.

A. Consultant certifies to the best of his or her knowledge and belief that:
1) No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influenci ng or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement , or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2) 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement , the Consultant shall complete and s ubmit Standard Form -LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. Consultant also agrees by signing this Agreement that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

10.11 Debarment and Suspension Certification.

A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibil ity by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

Any exceptions to this certification must be disclosed to the City.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

Revised 2.9.22 Page 35 of 44

C. Exceptions to the Federal Government Excluded Part ies (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by the Federal highway Administration.

10.12 Disadvantaged Business Enterprises (DBE) Participation.

A. Consultant, subrecipient (City), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the Agreement (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The City shows a contract goal for DBEs. Consultant shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

B. Consultant shall meet the DBE goal shown elsewhere in these specia l provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is Consultant’s responsibility to verify at the date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the Agreement. Additionally, the Consultant is responsible to document the verification record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here: https://dot.ca.gov/programs/civil-rights/dbe-search .

C. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies Consultant purchases from DBEs counts towards the goal in the following manner:

a. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
b. 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
c. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."

D. This Agreement is subject to 49 CFR, Part 26 entitled “ Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs ”.

Consultants who enter into a federally -funded agreement will assist the City in a good faith effort to achieve California's statewide overall DBE goal.

E. The goal for DBE participation for this Agreement is 11%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10-O1), or in the Consultant Contract DBE Information (Exhibit 10-O2) attached hereto and incorporated as part of the Agreement . If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

Revised 2.9.22 Page 36 of 44

F. The Consultant can meet the DBE participation goal by either documenting commitments to DBEs to meet the Contract goal, or by documenting a dequate good faith efforts to meet the Contract goal. An adequate good faith effort means that the Consultant must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objec tive, could reasonably be expected to meet the DBE goal. If Consultant has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

G. Under 49 CFR 26.13(b): “Consultant, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Consultant shall carr y out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.” Failure by Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate , which may include but not be limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or; (4) Disqualifying the contractor from future bidding as non-responsible.

H. Consultant shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless Consultant or DBE subconsultant obtains the City’s written consent. Consultant shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the City. Unless the City’s consent is provided, the Consultant shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form.

I. The City authorizes a request to use other forces or sources of materials if Consultant shows any of the following justifications:

a. Listed DBE fa ils or refuses to execute a written contract based on plans and specifications for the project.
b. The City stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the City’s bond requirements.
c. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
d. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). e. Listed DBE's work is unsatisfactory and not in compliance with the contract. f. Listed DBE is ineligible to work on the project because of suspension or debarment. g. Listed DBE becomes bankrupt or insolvent.
h. Listed DBE voluntarily withdraws with written notice from the Contract. i. Listed DBE is ineligible to receive credit for the type of work required. j. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
k. The City determines other documented good cause.

Revised 2.9.22 Page 37 of 44

J. Consultant shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise Consultant and the City of the reasons why the use of other forces or sources of materials should not occur.

K. Consultant’s request to use other forces or material sources must include:

a. One or more of the reasons listed in the preceding paragraph. b. Notices from Consultant to the DBE regarding the request. c. Notices from the DBEs to Consultant regarding the request.

L. If a listed DBE is terminated or substituted, Consultant must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the Agreement to the extent needed to meet or exceed the DBE goal.

M. The City’s DBE program i ncludes a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The Consultant shall notify the City’s contract administrator or designated representative of any changes to its anticipated DBE participation and provide this notification before starting the affected work. The Consultant shall maintain records including; name and business address of each 1st -tier subconsultant; name and business address of each DBE subconsultant, DBE vendor, and DBE t rucking company, regardless of tier; date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment). If Consultant is a DBE Consultant, they shall include the date of work performed by their own forces and the corresponding value of the work.

N. If a DBE is decertified before completing its work, the DBE must notify Consultant in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify Consultant in writing of the certification date. Consultant shall submit the notifications to the City. On work completion, Consultant shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17- O, form and submit the form to the City within 30 days of contract acceptance.

O. A DBE is only eligible to be counted toward the Contract goal if it performs a commercially useful function (CUF) on the Agreement . CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Agreement , for negotiating price, determi ning quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the Agreement is commensurate with the work it is actually performing, and other relevant factors.

Revised 2.9.22 Page 38 of 44

P. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

Q. If a DBE does not perform or exe rcise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

R. Consultant shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms.

DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

S. Upon work completion, Consultant shall complete Exhibit 17- F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the City within 90 days of contract acceptance. The City will withhold $10,000 until the form is submitted. The City will release the withhold upon submission of the completed form.

T. If a DBE subconsultant is decertified during the life of the Agreement, the decertified subconsultant shall notify Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Agreement , the subconsultant shall notify Consultant in writing with the date of certification. Any changes should be reported to the City’s Contract Officer within 30 days.

U. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the City.

V. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this section.

10.13 Safety.

A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel s hall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of Revised 2.9.22 Page 39 of 44

its vehicles and the protectio n of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this Agreement , shall contain all of the provisions of this Section.

D. Consultant must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

10.14 National Labor Relations Board Certification . In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two -year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

10.15 Inspection of Work. Consultant and any subconsultant shall permit the City, the State, and the FHWA if federal participating funds are used in this Agreement ; to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement.

[SIGNATURES ON NEXT PAGE]
Revised 2.9.22 Page 40 o f 44
S

IGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND HARRIS & ASSOCIATES, INC.

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

CONSULTANT:

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

CITY OF PALM SPRINGS:

AP
PROVED BY CITY COUNCIL:

Date: _______ Item No.

AP
PROVED AS TO FORM: ATTEST:

B
y: ___________________________ By: _______________________________ Jeff Ballinger Brenda Pree
City Attorney City Clerk
AP
PROVED:

By: _______________________________ Date:

Teresa Gallavan,
Interim City Manager
Revised 2.9.22 Page 41 of 44
EXHIBIT “A”

SCOPE OF SERVICES
Link to Complete Document on file with City
Clerk:
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?
id=1338487&dbid=0&repo=CityHall-Primary
Revised 2.9.22 Page 42 of 44
EXHIBIT “B”

REQUEST FOR PROPSAL AND CONSULTANT PROPOSAL
Link to Complete Document on file with City Clerk:
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?id=1338488&dbid=0&repo=CityHall-
Primary
Revised 2.9.22 Page 43 o f 44
EX
HIBIT “C”
S

CHEDULE OF COMPENSATION
A. T
he method of payment for this Agreement will be based on actual cost plus a fixed fee. The City will reimburse Consultant for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for by Contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds the City’s approved overhead rate set forth in the Cost Proposal. In the event, that the City determines that a change to the work from that specified in the Cost Proposal and Contract is required, the Contract time or actual costs reimbursable by the City shall be adjusted by Contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by Contract amendment.

B. T
he indirect cost rate established for this Agreement is extended through the duration of this specific Agreement. Consultant’s agreement to the extension of the 1- year applicable period shall not be a condition or qualification to be considered for the work or Agreement award.

C. In addition to the allowable incurred costs, the City will pay Consulta nt a fixed fee of $(309,879.10). The fixed fee is nonadjustable for the term of the Agreement, except in the event of a significant change in the scope of work and such adjustment is made by Contract amendment, as determined by the City’s Contract Officer.

D. R
eimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. W
hen milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the City’s Contract Officer before exceeding such cost estimate.

F. P
rogress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Scope of Work, the City shall have the right to delay payment or terminate this Agreement.

G. N
o payment will be made prior to approval of any work, nor for any work performed prior to approval of this Agreement.

H. C
onsultant will be reimbursed promptly according to California Regulations upon receipt by City’s Contract Officer of itemized invoices. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Invoices Revised 2.9.22 Page 44 o f 44
s
hall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this Contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Section 2.7. The final invoice should be submitted within sixty (60) calendar days after completion of Consultant’s work.

Invoices shall be emailed to City’s Contract Officer at the following email addresses:

[email protected]; [email protected] .

I. The total amount payable by the City including the fixed fee shall not exceed $(4,126,517.54).

J. F
or personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

L
ink to Complete Document on file with City Clerk:
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx? id=1338489&dbid=0&repo=CityHall-Primary

Attachment D