Palm Springs City Council
June 5, 2023

CONSULTING SERVICES AGREEMENT 23Q112

INLINE BAGGAGE HANDLING SYSTEM DESIGN SERVICES
THIS AGREEMENT FOR CONSULTING SERVICES (“Agreement”) is made and entered into on June 12, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and AECOM Technical Services, Inc., a California Corporation, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a baggage handling systems design firm, for the design and construction administration of the Airport’s inline baggage handling system, (“Project”).

B. Consultant has submitted to City a proposal to provide inline baggage handling system design services, to City under the terms of this Agreement.

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

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

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. CONSULTANT SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide inline baggage handling system and facility design services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by experienced, and well qualified members of the profession currently practicing under similar conditions In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

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

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1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

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

3. COMPENSATION OF CONSULTANT

3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $3,174,638.

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

3.3 Changes. In the event any change or changes in the Scope of Services/Work 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.

3.4 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.

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4. PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on June 12, 2023, and ending on June 11, 2026, unless extended by mutual written agreement of the parties.

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

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

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5. COORDINATION OF WORK

5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Todd Gnospelius, Vice President - Aviation. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

5.2 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.

5.3 Prohibition Against Subcontracting or Assignment. 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 operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required, except as otherwise specified. Consultant shall perform all required Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultant’s work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Consultant shall not have any authority to bind City in any manner.

5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant shall not alter the assignment of the following personnel Item 1E - Page 8

without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant.

Name: Title:

Pankaj Gupta, PMT Project Manager
Ryan Evers Project Director
Gary Watt BHS Design
Wally Mitchell Controls/Specifications
Charlene Decker Architecture

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

B. If the 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 the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. 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 Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. 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 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 Item 1E - Page 10

reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents 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 or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents.

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

8.5 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 performance 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.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and 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 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.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this 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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.

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

9.4 Rights and Remedies are 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. 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.

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement 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.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 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 this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 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 Item 1E - Page 12

in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: AECOM Technical Services
Attn: Todd Gnospelius
300 South Grand Avenue, 9th Floor
Los Angeles, CA 90071

11.2 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.

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

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

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

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11.6 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.

11.7 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.

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

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

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

12. FEDERAL PROVISIONS
Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Provisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AECOM TECHNICAL SERVICES, INC.

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

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
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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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SECTION 4 – SCOPE OF WORK

1.1 Background:

A. The Palm Springs International Airport (PSP) is owned and operated by the City of Palm Springs (“City”), California and is a commercial service airport currently serving 12 airlines including Alaska, Air Canada, American, Delta, United, Allegiant, Westjet, Flair, JetBlue, Southwest, Sun Country, and Avelo. PSP has experienced recordbreaking growth during the post-Covid 19 lockdown era, and new airlines have entered the PSP market creating unprecedented demand. Due to the growth, PSP will be undergoing a comprehensive Master Plan Study will begin in February of 2023. Additionally, the City and region have tasked the airport with growing international air service over the next several years, and if successful, growth is anticipated to accelerate.

B. The Airport recently completed a $32 million ticketing wing expansion project which included renovation and expansion of the ticketing lobby, installation of new ticket counters and flooring, build out of new Airline Ticketing Offices (ATOs), and the installation of a new baggage handling system. The current installed baggage handling system was rendered obsolete and unable to accommodate growth shortly after being installed at PSP, which necessitates this project.

C. This Project will potentially be funded through grants by two different Federal agencies (Transportation Security Administration and Federal Aviation Administration), and as such all Proposers shall be familiar and should have experience with applicable procurement, design, and project requirements for these Federal entities.

1.2 Scope:

A. The Consultant will design the modification or full replacement of the current Baggage Handling System (BHS) to create a fully inline outbound Baggage Handling System/Checked Bag Inspection System (CBIS). PSP anticipates that substantial upgrades to or replacement of the BHS may require terminal building modification or expansion and therefore Consultants shall incorporate any design modifications to the existing building facility to accommodate the proposed inline BHS. All design shall be accomplished in accordance with the TSA’s Planning Guidelines and Design Standards for Check Baggage Inspection Systems (TGDS) latest edition.

Consultants shall be aware of and make provisions in the schedule for the timelines outlined in the TGDS for review of design submittals.

B. The City will provide current as-built plan sets, surveys, reports, and key project information to use as the basis for design with emphasis on not duplicating recent work to the extent possible. The City will use all reasonable efforts to provide such information in a timely manner.

C. The services requested may include but are not limited to assessments, surveys, forecasting of current and future baggage needs, preliminary design, design, estimation, bid phase services, construction administration, architectural, engineering, and observation of testing associated with the BHS and the facility at PSP. At a minimum the project shall achieve the goals of:

1. Significantly increasing checked bag screening capacity and throughput,

2. Reducing or completely eliminating BHS single points of failure through design,

3. Creating process, maintenance, and ergonomic efficiencies and improvements Item 1E - Page 17

4. Improving oversized bag capability

5. Improving screening and tracking technologies

6. Ensuring a fully inline system
D. The project is anticipated to include the following components, but PSP reserves the right to modify or reduce the scope of the project and/or components based on the needs of the airport.

1. Consultant shall provide to the City a Project Schedule detailing all elements of the project and a recovery plan for the schedule should the project be delayed.

2. An updated capacity analysis and forecast resulting in Bags Per Hour (BPH) estimates thru the year 2033 at a minimum. The system shall improve capacity from the current system and shall be designed with 20 – year outlook and growth in mind.

3. Re-design, modernize, or otherwise improve BHS from the ticket counters and from the curbside drop locations

4. Incorporate upgrades to Explosive Detection Screening (EDS) devices

5. Design of all connecting transport conveyors and associated equipment

6. Consultant shall evaluate the existing BHS system infrastructure and incorporate into the design (where practical)

7. Consultant shall evaluate the existing electrical system including backup and emergency power with generators and upgrade to accommodate the proposed design

8. Consultant shall be responsible for design and construction of utility upgrades and conflict resolutions including but not limited to electrical, low-voltage, fire alarms, fire sprinklers, gas, sewer, water, and fiberoptic

9. Consultant shall provide preconstruction system modeling to ensure inline BHS output and obtain approval from PSP prior to final design.

10. Consultant shall provide a graphical design and construction phasing plan which ensures that all existing systems remain operational throughout the construction phases, except for those portions being constructed. Phased installation is required and proposed phasing shall be coordinated across all plans and documents, and submitted for approval.

11. Consultant shall schedule routine meetings with relevant stakeholders throughout the entirety of the design process to ensure that parties are sufficiently updated on the project status.

12. The Project will require all ongoing operations at the terminal to be accommodated with minimal disruption during the implementation of the Project.

The Project will require extensive stakeholder involvement during the design and construction phases. The Project will require coordination with various ongoing Tenant Improvements and other construction projects. The Project will also require close coordination with existing tenant and City Aviation operations.

E. Pre-Design Phase tasks will include items outlined in the TSA Planning Guidelines and Design Standards for Checked Baggage Inspection System (PGDS) summarized below:

1. Design year baggage screening demand
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2. Defining existing baseline conditions

3. Developing and analyzing a range of candidate alternatives

4. Recommended conceptual alternative development
F. Schematic/Conceptual Design Phase Services tasks will include those identified in the TSA’s PGDS summarized below:

1. Lead on-site kick-off meeting with subconsultant team and City

2. Manage project and coordinate with City and subconsultant team

3. Project programming and visioning

4. Existing conditions surveying

5. Prepare schematic/conceptual design package for review and comment

6. Provide schedule

7. Provide Preliminary Cost Estimate

8. Provide utility research
G. Design Phase Services include those tasks identified in the TSA’s PGDS summarized below:

1. Upon approval of the schematic design package and cost estimate, prepare design development packages including technical specifications and cost estimates at 30% and 70% levels for review

2. Detailed cost estimating and marketplace conditions

3. Provide for construction phasing and scheduling that will minimize interruption to Airport and stakeholder operations

4. Provide alternate systems evaluation and constructability studies

5. Geotechnical engineering and testing

6. Environmental remediation, hazardous materials abatement and disposal (asbestos, lead, PCB’s, and petroleum contaminated soils)

7. Provide long-lead procurement studies

8. Assist in the permitting processes

9. Coordinate with various City of Palm Springs departments, other agencies, utility companies, etc.

10. Participate with the City in a process to set goals for local and DBE participation and implement the local and DBE process

11. Value engineering

12. Protect the owner’s sensitivity to quality, safety, and environmental factors

13. Advise City on choosing green building materials

14. Submit all required documentation to obtain LEED certification for the project

15. Incorporate review comments and changes from City and TSA H. Construction Document / Permitting Phase include those tasks identified in the TSA’s PGDS summarized below:

Item 1E - Page 19

1. Upon approval of the design development package and cost estimate, prepare the construction documents and permit submittal. Tasks will include:
a. Prepare 100% construction document packages
b. Submit 100% CD package for initial building permit intake c. Make corrections and revisions based on permit comments d. Submit 100% CD package for final permit approval
e. Prepare draft technical specifications at 100%
f. Prepare final technical specifications at 100%. Review construction document package and cost estimate with City
I. Bidding Phase

1. Upon approval of the construction documents and receipt of building permit, the Consultant will support the City’s bidding process. Tasks will include:
a. Attend pre-bid conference
b. Assist with bid addenda and clarifications in response to bidder questions c. Support City with bid evaluations as necessary
d. Make design modifications to reduce construction cost as needed J. Construction Observation Phase

1. Upon selection of contractor, Consultant will participate in construction administration/observation. Tasks will include:
a. Attend pre-construction conference
b. Attend construction meetings
c. Oversee project and coordinate with City and subconsultant team d. Review submittals and mock-ups
e. Respond to requests for information (RFIs)
f. Review proposed substitutions, alternates and change orders g. Observe construction during bi-weekly visits for consistency with design intent as conveyed in the construction documents
h. Attend substantial completion walk through
i. Review contractor punch list
j. Attend final completion walk through
k. Review contractor’s as built drawings
K. Close Out Phase

1. Coordinate and verify training and commissioning efforts

2. Contract close out and post occupancy evaluation

3. Provide as built drawings in CAD and PDF format

4. Coordinate and conduct an eleven-month warranty walk through Item 1E - Page 20

1.3 Deliverables:

A. Consultant shall provide design submittals, cost estimates, schedules, as built documents and reports as outlined in the scope of work for the various phases of design and as outlined in the TSA PGDS.

B. Consultant shall provide construction observation reports, responses to request for information and review comments on submittals during the construction phase and as outlined in the TSA PGDS.

1.4 Schedule:

Work will commence upon issuance of a notice to proceed with design services to be completed within eight months, bid support for three months and construction administration is expected to continue for approximately two years.

1.5 Compensation:

Work will be compensated as outlined on the pricing sheet in the contract. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1E - Page 21
Schedule of Fees
Item 1E - Page 22
AECOM
Owners Representation
Design Services
Phases:

PROPOSAL SUMMARY
Pre-Design
Schematic Design
Sub-Total
30% Design
70% Design
100% Design
Sub-Total
Pre-BID
BID& Award
Sub-Total
CA Support
Sub-Total
TOTAL
ODCs
Allowances
Itemized:

AECOM
Labor
DBS
Scanning
BIM
LSA
Cost Estimating
Scheduling
TOTAL
Reimbursable (NTEJ
Other Direct Costs
!TOTAL
Allowances
Geotech Engineering
Waterproofing Subconsultant
Constructability Test (Hunt)
!TOTAL CONTRACT VALUE
NTP anticipated by 6/12/23
Est. Duration Est. Value
W E 06/16/23 - 08/11/23 $ 459,911
WE 08/18/23 - 09/08/23 $ 221,480
$ 681 ,392
W E 09/15/23 - 10/06/23 $ 291,753
WE 10/13/23 -11/03/23 $ 316,089
W E 11/10/23 -12/01/23 $ 389,386
$ 997,228
WE 12/08/23 - 12/29/23 $ 47,478
W E 01 /05/24 - 02/23/24 $ 97,603
$ 145,081
W E 02/30/24 - 03/27/26 $ 1,051,687
$ 1,051,687
06/12/23 - 02/09/26 $ 2,875,388
$ 124,250
$ 175,000
$ 2,584,850
$ 2,584,850
$ 91 ,288
$ 25,404
$ 65,884
$ 199,250
$ 150,992
$ 48,258
$ 2,875,388
$ 124,250
$ 2,999,638 I
$ 175,000
$ 75,000
$ 50,000
$ 50,000
$ 3,174,638 I

SCHEDULE OF PERFORMANCE
Item 1E - Page 23
I Palm Spring BHS Project I 15-May-2317:12
Activity ID Act~ityName OD start Finish Calendar
. -"'':'"-•I . I ,.:1=.._ ......... I
'II May 2023.MIL Pr9.iect Milestones and Summary 547 04-Jan-24 09-Feb-26 5 Day w/ Holidays -i MIL1000 100% Design Drawings 0 04-Jan-24 5 Day w/ Holidays -i MIL1010 Bid Award 0 23-Feb-24 5 Dav w/ Holidavs
-i MIL 1020 NTP - Notice To Proceed 0 26-Feb-24 5 Dav w/ Holidays -i MIL 1030 Substaintial Completion 0 12-Jan-26 5 Day w/ Holidays -i MIL 1060 Project Completion 0 09-Feb-26 5 Day w/ Holidays -i MIL 1050 Final Completion 0 09-Feb-26 5 Day w/ Holidays -i MIL 1040 Closeout 0 09-Feb-26 5 Day w/ Holidays
'II May 2023.PRE.DSGN Pre-Design 44 12-Jun-23 11-Aug-23 5 Day w/ Holidays 'II May 2023.PRE:.DSGN.INVS Investigate 10 12-Jun-23 23-Jun-23 5 Day w/ Holidays ~u_. .. 1 .. I 111&111Mt4111• 15MW11111+1M-i Mi#M@MW II -i INVS1000 S[e Vis[ and Scan 10 12-Jun-23 23-Jun-23 5 Day w/ Holidays II -i INVS1010 Data Gathering and Verification 10 12-Jun-23 23-Jun-23 5 Day w/ Holidays 'II May_ 2023.PRE:.DSGN.E:VAL Evaluate 27 12-Jun-23 18-Jul-23 5 Day w/ Holidays I -i EVAL1010 System Assessment 15 12-Jun-23 30-Jun-23 5 Dav w/ Holidays I -i EVAL1020 Spatial Requirements 10 12-Jun-23 23-Jun-23 5 Day w/ Holidays I -i EVAL1030 Technology Selection 10 12-Jun-23 23-Jun-23 5 Day w/ Holidays I -i EVAL1000 Panning Anao/sis 17 26-Jun-23 18-Jul-23 5 Day w/ Holidays 'II May 2023.PRE:.DSGN.PDD Program Definition Development (POD) 17 19-Jul-23 11-Aug-23 5 Day w/ Holidays I -i PDD1000 Preliminary Alternatives Selection and Refinement 17 19-Jul-23 10-Aug-23 5 Day w/ Holidays I -i PDD1010 Phase Gate Del~ery Documentation 0 11-Aug-23 11-Aug-23 5 Day w/ Holidays 'II May 2023.DSGN Design - TSA Format Delivery 105 11-Aug-23 04-Jan-24 5 Day w/ Holidays -i DSGN1010 SD 25 11-Aug-23 14-Sep-23 5 Day w/ Holidays -i DSGN1020 30% Design Drawings 25 15-Sep-23 19-Oct-23 5 Day w/ Holidays -i DSGN1030 70% Design Drawings 25 20-Oct-23 23-Nov-23 5 Day w/ Holidays -i DSGN1040 100% Design Drawings 25 24-Nov-23 28-Dec-23 5 Dav w/ Holidays -i DSGN1050 Phase Gate Del~ery Documentation 0 04-Jan-24 5 Day w/ Holidays 'II May 2023.BIDS Bid Supi:>Qrt 35 05-Jan-24 22-Feb-24 5 Day w/ Holidays !iiiiBi6 1000 Pre-Bid 5 05-Jan-24 11-Jan-24 5 Day w/ Holidays -i BID1010 Bid 20 12-Jan-24 08-Feb-24 5 Dav w/ Holidavs i.i BID1020 Bid Evaluation 10 09-Feb-24 22-Feb-24 5 Dav w/ Holidays i.i BID1030 Bid Award 0 22-Feb-24 5 Day w/ Holidays
'II May 2023.CONST Construction 379 28-Feb-24 11-Aug-25 5 Day w/ Holidays t:: cossrnm cacoc Meeti,o 1 28-Feb-24 28-Feb-24 5 Day w/ Holidays CONS1010 Construction Duration 378 29-Feb-24 11-Aug-25 5 Dav w/ Holidavs CONS1020 Construction Inspection and Testing 378 29-Feb-24 11-Aug-25 5 Day w/ Holidays 'II May 2023.CLOSE Closeout 130 12-Aug-25 09-Feb-26 5 Day w/ Holidays -i CLOS1000 Commssioning 110 12-Aug-25 12-Jan-26 5 Dav w/ Holidays -i CLOS1010 Punchlist RectW~ation 15 13-Jan-26 02-Feb-26 5 Day w/ Holidays -i CLOS1020 Dcoument Control 15 13-Jan-26 02-Feb-26 5 Day w/ Holidays -i CLOS1030 Construction Closeout 5 03-Feb-26 09-Feb-26 5 Dav w/ Holidavs -i CLOS1040 Final Closeout 0 09-Feb-26 5 Dav w/ Holidays I

© Oracle Corporation
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1E - Page 24

INSURANCE

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

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

Consultant shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full 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 evidencing 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 and approved by City prior 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 Consultant’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

A. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
C. Professional liability (errors and omissions) 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:
_____X___ required
_________ is not required;
D. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Consultant’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 Consultant’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item 1E - Page 25

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Consultant’s Services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Consultant’s Services under this Agreement. Consultant shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of 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. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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. 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 Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

B. "This insurance is primary and non-contributory over any insurance or selfinsurance 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' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1E - Page 26
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

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

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

Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1E - Page 27
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor.

This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1E - Page 28
Exhibit D

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS
Provision
Reference Provision Description
Page
No.

FAA - 01 Access to Records and Reports 2
FAA - 02 Affirmative Action Requirement * 3
FAA – 03 Breach of Contract Terms 5
FAA – 04 Buy American Preference * 6
FAA – 05 Civil Rights General 7
FAA – 06 Civil Rights – Title VI Assurances * 8
FAA – 07 Clean Air and Water Pollution Control 11
FAA – 08 Contract Work Hours and Safety Standards Act Requirements 12 FAA – 09 Copeland Anti-Kickback Act 14
FAA – 10 Davis Bacon Requirements 15
FAA – 11 Debarment and Suspension * 22
FAA – 12 Disadvantaged Business Enterprise * 23
FAA – 13 Distracted Driving 25
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
26 FAA – 15 Drug Free Workplace Requirements (not applicable to Contractors)
27 FAA – 16 Equal Employment Opportunity 28
FAA – 17 Federal Fair Labor Standards Act * 36
FAA – 18 Lobbying and Influencing Federal Employees 37
FAA – 19 Prohibition of Segregated Facilities 38
FAA – 20 Occupational Safety and Health Act of 1970 39
FAA – 21 Procurement of Recovered Materials * 40
FAA – 22 Right to Inventions 41
FAA – 23 Seismic Safety 42
FAA – 24 Tax Delinquency and Felony Convictions* 43
FAA – 25 Termination of Contract 44
FAA – 26 Trade Restriction Certification (Foreign) * 45 FAA – 27 Veteran’s Preference 47
FAA – 28 Domestic Preferences for Procurements * 48
*Solicitation Clause also
Updated 1.4.2023
Item 1E - Page 29
FAA - 01 Access to Records
APPLICABILITY – pertains to all contracts.

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1E - Page 30
FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

ENSURE EQUAL EMPLOYMENT OPPORTUNITY
APPLICABILITY – pertains to all contracts over $10,000 as follows:

Construction – AIP funded construction work contracts and subcontracts that exceed $10,000.

Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection and other onsite functions incidental to the actual construction.

Equipment – any equipment project exceeding $10,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at a manufacturer’s plant (e.g., firefighting and snow removal vehicles).

Professional Services – any professional service agreement if the professional services agreement includes tasks that meet the definition of construction work [as defined by the U.S.

Department of Labor (DOL)] and exceeds $10,000. Examples include installation of monitoring systems (e.g., noise, environmental, etc.).

Property/Land – any agreement associated with land acquisition if the agreement includes construction work (defined above) that exceeds $10,000. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENTS -

1. The Contractor’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables
Goals for minority participation for each trade: [not applicable] Goals for female participation in each trade: [not applicable] These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and nonfederally involved construction.

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be Item 1E - Page 31
substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-

4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Riverside County, Palm Springs.

Reference: 41 CFR Part 60-4
Item 1E - Page 32
FAA – 03 Breach of Contract
APPLICABILITY – required for all contracts that exceed the simplified acquisition threshold as stated in 2 CFR Part 200, Appendix II (A). This threshold is occasionally adjusted for inflation and is $250,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(A)
Item 1E - Page 33
FAA – 04 Buy American Preferences
APPLICABILITY – required for contracts defined as follows:
• Construction Projects involving the replacement, rehabilitation, reconstruction of airfield surfaces such as on runways, taxiways, taxilanes, aprons, roadways, parking lots, etc. – Insert the Certificate of compliance to FAA Buy American Preference based on Construction Projects.
• Equipment and Buildings Projects involving and including the acquisition of equipment such as snow removal equipment, navigational aids, wind cones, and the construction of buildings such as hangars, terminal development, lighting vaults, aircraft rescue & firefighting buildings, etc. - Insert the Certificate of Compliance with FAA Buy American Preference Based on Equipment/Building Projects.

REQUIREMENT -
The Contractor certifies that all constructions materials, defined to mean an article, material, or supply other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives that are or consist primarily of: non-ferrous metals; plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); glass (including optic glass); lumber; or drywall used in the project are manufactured in the U.S.

Reference: Title 49 USC § 50101
Item 1E - Page 34
FAA – 05 Civil Rights General
APPLICABILITY – required for all contracts regardless of funding source.

REQUIREMENT -
In all its activities within the scope of its airport program, the Contractor agrees to comply with pertinent statutes, Executive Orders, and such rules as identified in Title VI List of Pertinent Nondiscrimination Acts and Authorities to ensure that no person shall, on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. The above provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.

This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

Reference: 49 USC § 47123
Item 1E - Page 35
FAA – 06 Civil Rights – Title VI Assurances
APPLICABILITY – required for all contracts.

REQUIREMENT -
Title VI List of Pertinent Nondiscrimination Acts and Authorities 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 nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance); • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-259) (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 Disabilities Act of 1990 (42 USC § 12101, et seq) (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) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (ensures nondiscrimination 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); Item 1E - Page 36
• 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. 74087 (2005)];
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Compliance with Nondiscrimination Requirements:

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

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

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

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

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

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:

Item 1E - Page 37
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Reference: 49 USC § 47123, FAA Order 1400.11
Item 1E - Page 38
FAA – 07 Clean Air/Water Pollution Control
APPLICABILITY – This provision is required for all contracts and lower tier contracts that exceed $150,000.

REQUIREMENT -
If the Agreement exceeds $150,000, Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

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

Reference: 2 CFR § 200, Appendix II(G); 42 USC § 7401; 33 USC § 1251 Item 1E - Page 39
FAA – 08 Contract Work Hours and Safety Standards
APPLICABILITY – This provision is required for contracts as follows:

Contract Work Hours and Safety Standards Act Requirements (CWHSSA) (40 USC §§ 3702 & 3704) requires contractors and subcontractors on covered contracts to pay laborers and mechanics employed in the performance of the contracts not less than one and one-half times their basic rate of pay for all hours worked over 40 in a workweek.

CWHSSA prohibits unsanitary, hazardous, or dangerous working conditions on federallyassisted projects. The Wage and Hour Division (WHD) within the U.S. Department of Labor (DOL) enforces the compensation requirements of this Act, while DOL’s Occupational Safety and Health Administration (OSHA) enforces the safety and health requirements.

Contract Types –
Construction – This provision applies to all contracts and lower tier contracts that exceed $100,000, and employ laborers, mechanics, watchmen, and guards.

Equipment – This provision applies to any equipment project exceeding $100,000 that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – This provision applies to professional service agreements that exceed $100,000 and employs laborers, mechanics, watchmen, and guards. This includes members of survey crews and exploratory drilling operations.

Property – While most land transactions do not involve employment of laborers, mechanics, watchmen, and guards, under certain circumstances, a property acquisition project could require such employment. Examples include the installation of property fencing or testing for environmental contamination

CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS

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, including watchmen and guards, in any workweek in which he or she is employed on such work to work in 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.

2. Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, 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 clause, in the sum of $29 for each calendar day on which such individual was required or Item 1E - Page 40
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 clause.

3. Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the City 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 clause.

4. Subcontractors.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor 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 clause.

Reference: 2 CFR Part 200, Appendix II(E); 2 CFR § 5.5(b); 40 USC § 3702; 40 USC § 3704
Item 1E - Page 41
FAA – 09 Copeland Anti-Kickback

APPLICABILITY -
The Copeland (Anti-Kickback) Act (18 USC § 874 and 40 USC § 3145) makes it unlawful to induce by force, intimidation, threat of dismissal from employment, or by any other manner, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week.

Contract Types –
Construction – This provision applies to all construction contracts and subcontracts financed under the AIP that exceed $2,000.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles).

Professional Services –The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) include tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate the Copeland Anti-kickback provision.

Property –Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the Copeland Anti-Kickback provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

REQUIREMENT -
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the City, a weekly statement on the wages paid to each employee performing on covered work during the prior week. City must report any violations of the Act to the Federal Aviation Administration.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Parts 3 and 5 Item 1E - Page 42
FAA – 10 Davis Bacon Requirements

APPLICABILITY -
The Davis-Bacon Act (40 USC §§ 3141-3144, 3146, and 3147) ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.

Contract Types –
Construction –all construction contracts and subcontracts that exceed $2,000 and include funding from the AIP.

Equipment – This provision applies to all equipment installation projects (e.g., electrical vault improvements) financed under the AIP that exceed $ 2,000. This provision does not apply to equipment acquisitions where the equipment is manufactured at the vendor’s plant (e.g., SRE and ARFF vehicles)
Professional Services – The emergence of different project delivery methods has created situations where Professional Service Agreements (PSAs) includes tasks that meet the definition of construction, alteration, or repair as defined in 29 CFR Part 5. If such tasks result in work that qualifies as construction, alteration, or repair and it exceeds $2,000, the PSA must incorporate this clause.

Property – Ordinarily, land acquisition projects would not involve employment of laborers or mechanics and thus the provision would not apply. However, land projects that involve installation of boundary fencing and demolition of structures would involve laborers and mechanics. The City must include this provision if the land acquisition project involves employment of laborers or mechanics for a contract exceeding $2,000.

Fencing Projects – Fencing projects that exceed $2,000 must include this provision.

DAVIS-BACON REQUIREMENTS

1. Minimum Wages.
(i) 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 the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent 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)(iv) 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 incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage Item 1E - Page 43
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 (1)(ii) 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 easily be seen by the workers.
(ii)(A) 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 additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (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 disapprove every additional classification action 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. (C) 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.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, 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.
(iii) 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 Item 1E - Page 44
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.
(iv) 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. The Federal Aviation Administration or the CIty 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 apprentices, trainees, and helpers, employed by the Contractor 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 Federal Aviation Administration may, after written notice to the Contractor, City, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) 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 anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 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 that 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 costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain 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. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Item 1E - Page 45
Administration. 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 at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls 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 Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, the City, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, 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 sponsoring government agency (or the applicant, City, or Owner).
(B) 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 employed under the contract and shall certify the following:
(1) 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; (2) That each laborer and 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 Regulations, 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not 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. (C) 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)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City, the Federal Aviation Administration, 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 Federal agency Item 1E - Page 46
may, after written notice to the Contractor, the City, applicant, or Owner, 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.
(i) Apprentices. 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 Apprenticeship 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 Apprenticeship Training, Employer and Labor Services or a State 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 classification 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 Contractor’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 specified 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 the 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. (ii) Trainees. 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, evidenced 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 Item 1E - Page 47
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 that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification 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. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

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.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR §§ 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR § 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section 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.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. 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.

Item 1E - Page 48

10. Certification of Eligibility.
(i) 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).
(ii) 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). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC § 1001.

Reference: 2 CFR Part 200, Appendix II(D); 29 CFR Part 5; 49 USC § 47112(b); 40 USC §§ 3141-3144, 3146, and 3147
Item 1E - Page 49
FAA – 11 Debarment and Suspension
APPLICABILITY - This requirement applies to covered transactions, which are defined in 2 CFR part 180 (Subpart B). AIP funded contracts are non-procurement transactions, as defined by 2 CFR § 180.970. Covered transactions include any AIP-funded contract, regardless of tier, that is awarded by a contractor, subcontractor, supplier, consultant, or its agent or representative in any transaction, if the amount of the contract is expected to equal or exceed $25,000. This includes contracts associated with land acquisition projects.

REQUIREMENT -
A11.3.1 Bidder or Offeror Certification
By submitting a bid/proposal under the solicitation for this contract, the Contractor must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

A11.3.2 Lower Tier Contract Certification

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

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

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

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

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

Reference: 2 CFR part 180 (Subpart B), 2 CFR part 200 Appendix II(H), 2 CFR Part 1200, DOT Order 4200.5; Executive Orders 12549 and 12689
Item 1E - Page 50
FAA – 12 Disadvantaged Business Enterprise
APPLICABILITY – all contracts with Airports that have a DBE program on file with the FAA.

Contract Assurance (§ 26.13) –
The Contractor 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 Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors.

Termination of DBE Subcontracts (49 CFR § 26.53(f)) –
The prime Contractor must not terminate a DBE subcontractor listed in response to the solicitation (or an approved substitute DBE firm) without prior written consent of the City. This includes, but is not limited to, instances in which the prime contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a nonDBE firm, or with another DBE firm.

The prime Contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the Contractor obtains written consent of the City.

Unless City consent is provided, the prime Contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE.

The City may provide such written consent only if the City agrees, for reasons stated in the concurrence document, that the prime Contractor has good cause to terminate the DBE firm.

For purposes of this paragraph, good cause includes the circumstances listed in 49 CFR §26.53.

Before transmitting to the City its request to terminate and/or substitute a DBE subcontractor, the prime Contractor must give notice in writing to the DBE subcontractor, with a copy to the City, of its intent to request to terminate and/or substitute, and the reason for the request.

The prime contractor must give the DBE five days to respond to the prime contractor's notice and advise the City and the Contractor of the reasons, if any, why it objects to the proposed Item 1E - Page 51
termination of its subcontract and why the City should not approve the prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), the City may provide a response period shorter than five days.

In addition to post-award terminations, the provisions of this section apply to preaward deletions of or substitutions for DBE firms put forward by offerors in negotiated procurements.

Reference: 49 CFR part 26
Item 1E - Page 52
FAA – 13 Distracted Driving
APPLICABILITY - contracts that exceed the micro-purchase threshold of 2 CFR § 200.320 (currently set at $10,000).

REQUIREMENT -

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

In support of this initiative, the City encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $10,000 that involve driving a motor vehicle in performance of work activities associated with the project.

Reference: Executive Order 13513, DOT Order 3902.10
Item 1E - Page 53
FAA – 14 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment
APPLICABILITY - all AIP funded contracts and lower-tier contracts.

REQUIREMENT -
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)].

Reference: 2 CFR § 200, Appendix II(K); 2 CFR § 200.216 Item 1E - Page 54
FAA – 15 Drug Free Workplace Requirements
APPLICABILITY - This provision applies to all AIP funded projects, but not to the contracts between the City and a contractor, subcontractors, suppliers, or subgrantees.

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working.

Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended)
Item 1E - Page 55
FAA – 16 Equal Employment Opportunity
APPLICABILITY – The purpose of this provision is to provide equal opportunity for all persons, without regard to race, color, religion, sex, or national origin who are employed or seeking employment with contractors performing under a federally-assisted construction contract. There are two provisions ― a construction clause and a specification clause.

The equal opportunity contract clause applies to any contract or subcontract when the amount exceeds $10,000. Once the equal opportunity clause is determined to be applicable, the contract or subcontract must include the clause for the remainder of the year, regardless of the amount or the contract.

Contract Types –
Construction – all construction contracts and subcontracts as required above.

Equipment – all equipment contracts as required above that involves installation of equipment onsite (e.g., electrical vault equipment). This provision does not apply to equipment acquisition projects where the manufacture of the equipment takes place offsite at the vendor plant (e.g., ARFF and SRE vehicles).

Professional Services – all professional service agreements as required above.

Property – all land acquisition projects that include work that qualifies as construction work as defined by 41 CFR part 60 as required above. An example is installation of boundary fencing.

REQUIREMENT -
A16.3.1 EEO Contract Clause
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has Item 1E - Page 56
access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the Contractor’s commitments under this section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

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A16.3.2 EEO Specification

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should Item 1E - Page 58
reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers.

The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

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

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

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d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor.

The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s work force.

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k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

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

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

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

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

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

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

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

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

Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246
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FAA – 17 Federal Fair Labor Standards Act
APPLICABILITY – Contract Types – Per the Department of Labor, all employees of certain enterprises having workers engaged in interstate commerce; producing goods for interstate commerce; or handling, selling, or otherwise working on goods or materials that have been moved in or produced for such commerce by any person are covered by the FLSA.

All consultants, sub-consultants, contractors, and subcontractors employed under this federally assisted project must comply with the FLSA.

Professional Services – 29 CFR § 213 exempts employees in a bona fide executive, administrative or professional capacity. Because professional firms employ individuals that are not covered by this exemption, the agreement with a professional services firm must include the FLSA provision.

REQUIREMENT -
The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division.

Reference: 29 USC § 201, et seq; 2 CFR § 200.430
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FAA – 18 Lobbying and Influencing Federal Employees
APPLICABILITY- all contracts exceeding $100,000.

REQUIREMENT -
Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, 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. (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 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.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

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.

Reference: 31 USC § 1352 – Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(I), 49 CFR part 20, Appendix A
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FAA – 19 Prohibition of Segregated Facilities
APPLICABILITY - The Contractor must comply with the requirements of the EEO clause by ensuring that facilities they provide for employees are free of segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. This clause must be included in all contracts that include the equal opportunity clause, regardless of the amount of the contract.

Contract Types – any contract containing the Equal Employment Opportunity clause of 41 CFR § 60-1.4. This obligation flows down to subcontract and sub-tier purchase orders containing the Equal Employment Opportunity clause.

Construction – Construction work means construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction.

Equipment – On site installation of equipment such as airfield lighting control equipment meets the definition of construction and thus this provision would apply. This provision does not apply to equipment projects involving manufacture of the item at a vendor’s manufacturing plant. An example would be the manufacture of a SRE or ARFF vehicle.

Professional Services – Professional services that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include the installation of noise monitoring equipment.

Property/Land – Land acquisition contracts that include tasks that qualify as construction work as defined by 41 CFR part 60-1. Examples include demolition of structures or installation of boundary fencing.

REQUIREMENT -
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Employment Opportunity clause in this contract. (b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. (c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Employment Opportunity clause of this contract.

Reference: 2 CFR Part 200, Appendix II (C); 41 CFR Part 60-1 Item 1E - Page 65
FAA – 20 Occupational Safety and Health Act
APPLICABILITY – Contract Types – All contracts and subcontracts must comply with the Occupational Safety and Health Act of 1970 (OSH). The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) oversees the workplace health and safety standards wage provisions from OSH.

REQUIREMENT -
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (29 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S.

Department of Labor – Occupational Safety and Health Administration.

Reference: 29 CFR part 1910
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FAA – 21 Procurement of Recovered Materials
APPLICABILITY – Contract Types – This provision applies to any contracts that include procurement of products designated in subpart B of 40 CFR part 247 where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.

Construction and Equipment – all construction and equipment projects.

Professional Services and Property – if the agreement includes procurement of a product that exceeds $10,000.

REQUIREMENT -
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever:
1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or
2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA-designated items is available at www.epa.gov/smm/comprehensiveprocurement-guidelines-construction-products.

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

Reference: 2 CFR § 200.323, 2 CFR Part 200, Appendix II (J); 40 CFR part 247, 42 USC § 6901, et seq (Resource Conservation and Recovery Act)
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FAA – 22 Rights to Inventions
APPLICABILITY – Contract Types – This provision applies to all contracts and subcontracts with small business firms or nonprofit organizations that include performance of experimental, developmental, or research work. This clause is not applicable to construction, equipment, or professional service contracts unless the contract includes experimental, developmental, or research work.

REQUIREMENT -
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Contractor must include this requirement in all subtier contracts involving experimental, developmental, or research work.

Reference: 2 CFR § 200, Appendix II(F), 37 CFR 401
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FAA - 23 Seismic Safety
APPLICABILITY – Contract Types – This provision applies to construction of new buildings and additions to existing buildings financed in whole or in part through the Airport Improvement Program.

Professional Services– any contract involved in the construction of new buildings or structural addition to existing buildings.

Construction – any contract involved in the construction of new buildings or structural addition to existing buildings.

Equipment – if the project involves construction or structural addition to a building such as an electrical vault project to accommodate or install equipment.

Land – This provision will not typically apply to a property/land project.

REQUIREMENT -
A23.3.1 Professional Service Agreements for Design

SEISMIC SAFETY
In the performance of design services, the Consultant agrees to furnish a building design and associated construction specification that conform to a building code standard that provides a level of seismic safety substantially equivalent to standards as established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their building code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety. At the conclusion of the design services, the Consultant agrees to furnish the Owner a “certification of compliance” that attests conformance of the building design and the construction specifications with the seismic standards of NEHRP or an equivalent building code.

A23.3.2 Construction Contracts

SEISMIC SAFETY
The Contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Reference: 49 CFR Part 41
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FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.

REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.

Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.

DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions

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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.

REQUIREMENT -
See Section 4.5 of the Agreement.

Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Item 1E - Page 71
FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.

REQUIREMENT -

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

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

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

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

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

The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that Item 1E - Page 72
discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.

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

Reference: 49 USC § 50104, 49 CFR part 30

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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.

REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans.

This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

Reference: 49 USC § 47112(c)
Item 1E - Page 74
FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.

REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.

Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L) Item 1E - Page 75

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1E - Page 76

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, 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 [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
AECOM Technical Services, Inc.
300 South Grand Avenue, 9th Floor, Los Angeles, California 90071 N/A
California
X
• Allison Hall X
• Matthew Crane X
• Karl Jensen X
Item 1E - Page 77

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.

Date
The Earth Technology Corporation (USA) owns AECOM Technical Services, Inc. at 100% February 13, 2023
Signature of Disclosing Party, Printed Name, Title
Todd Gnospelius, Authorized Signatory,
Vice President – Aviation
Item 1E - Page 78
I
~ )/}JT I _ ____L__ __I

CITY COUNCIL STAFF REPORT
06/05/2023
SUBJECT:

AUTHORIZE THE PURCHASE OF 33 NEW VEHICLES AND EQUIPMENT RECOMMENDATION:

Approve the issuance of purchase orders to Palm Springs Motors, Inc., for the purchase of 3 Mustang Mach E electric vehicles, and 21 Ford Interceptor Utility Patrol vehicles in an amount not to exceed $1,479,560.34;

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 9 Ford F-150 Super Cab 4x4 vehicles in an amount not to exceed $418,504.53;

2. Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $189,806.49 (10%);

3. After delivery of new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager, or designee, to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT
DATE: JUNE 5, 2023 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF 33 NEW VEHICLES AND EQUIPMENT FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:

This action will authorize issuance of Purchase Orders for the purchase of new vehicles and equipment in an amount not to exceed $2,087,871.36 as follows: (i) 15 Police Department vehicles; (ii) 1 Public Works Department vehicle; (iii) 2 Code Compliance vehicles; (iv) 12 additional vehicles requested for new positions citywide; and, (v) 3 standby patrol vehicles, to be used as replacements in the event of a traffic collision.

Funding for this action is available in the Motor Vehicle Fund (Fund 510), a separate fund established solely for the purpose of acquiring new vehicles, and operation and maintenance of the City’s fleet of vehicles.

RECOMMENDATION:

1. Approve the issuance of purchase orders to Palm Springs Motors, Inc., for the purchase of 3 Mustang Mach E electric vehicles, and 21 Ford Interceptor Utility Patrol vehicles in an amount not to exceed $1,479,560.34;

2. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 9 Ford F-150 Super Cab 4x4 vehicles in an amount not to exceed $418,504.53;

3. Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $189,806.49 (10%);

4. After delivery of new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager, or designee, to sell at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,

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

Item 1F - Page 1
City Council Staff Report
June 5, 2023 -- Page 2
Authorization to Purchase Vehicles
BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

BACKGROUND:

On June 5, 1996, the City Council adopted Resolution No. 18834 (Attachment B), establishing a new Equipment Replacement Policy. This policy outlined the requirements to replace vehicles depending on the type of vehicle, age, and mileage. A copy of the resolution is included in the attachments. However, in past years during the economic recession, the City Council suspended regular vehicle replacements allowing replacements only on an emergency basis. This created a backlog of vehicles that require replacement. In recent years the City Council has authorized the purchase of new vehicles to replace existing vehicles, and to add vehicles for new positions that require a vehicle, helping to reduce the backlog of replacements/purchases.

STAFF ANALYSIS:

As the age of the City’s existing fleet of vehicles increases, the annual cost to maintain these vehicles also increases. Staff monitors the ongoing operational and maintenance cost of its older vehicles and has identified an inventory of vehicles that should be replaced with new vehicles given the accumulated cost of repairs in comparison to the current value of the vehicle. In certain cases, new vehicles are required to support additional staff.

The City’s Procurement and Contracting and Maintenance and Facilities Departments solicited quotes for the purchase of vehicles and received the followings quotes to compare to the national cooperative contract used and found that the local dealerships are now offering more competitive pricing.

Cost listed below are on a per-vehicle basis
National Auto
Fleet Group
Fiesta Ford Palm Springs
Motors
Raceway Ford
F-150 $46,859.33 $46,455.65* $52,868.24 $44,795.00
Mach E $53,497.22 $49,882.41 $49,565.00** $52,861.60
Interceptor $60,989.76 N/A $63,374.54* N/A
*Note: In accordance Palm Springs Municipal Code 7.09.030 Fiesta Ford, Inc., and Palm Springs Motors, Inc., are vendors based out of the Coachella Valley and therefore receive a 5% local preference on their bids.
** This is the average cost of three vehicles that are slightly different in cost as they are vehicles available on the lot with slightly different options.

Item 1F - Page 2
City Council Staff Report
June 5, 2023 -- Page 3
Authorization to Purchase Vehicles
This requested action includes the purchase of 3 Ford Mustang Mach E electric vehicles; 21 Ford Interceptor Utility Patrol vehicles; and, the 9 F-150 vehicles to be acquired in this action are traditional gasoline vehicles that meet California Air Resources Board standards, which do not offer a hybrid engine option, and were selected for their specific performance, and operational requirements. Staff has identified the following lists of replacement or new vehicles, and equipment for the subsequent Departments.

Code Compliance:

Code Compliance has 2 existing vehicles that are 6 to 17 years old and require replacement, as listed below.

Existing Unit # Year Make/Model Mileage
091006 2006 Ford Escape Hybrid 93,769
099717 2017 Chevrolet Volt
(traffic collision in FY22-23) 48,813
These vehicles are being replaced with the electric vehicles shown below:

Replacement Make/Model Cost
(2) 2023 Ford Mustang Mach E
(Electric)
2x $49,830
Contingency $9,966
Total Estimated Cost $109,626
*Vehicle Year, Make and Model may change due to availability.

Police Department:

The Police Department has 15 existing patrol vehicles of varying ages and require replacement, as listed below.

Existing Unit # Year Make/Model Mileage
204011 2011 Ford Crown Victoria 84,852
200311 2011 Ford Crown Victoria 119,910
203514 2014 Ford Police Interceptor 91,863
206620 2020 Ford Police Interceptor
(traffic collision in FY22-23) 56,227
202421 2021 Ford Police interceptor
(traffic collision in FY22-23) 4,832
204417 2017 Ford Police Interceptor
(traffic collision in FY22-23) 62,932
Item 1F - Page 3
City Council Staff Report
June 5, 2023 -- Page 4
Authorization to Purchase Vehicles
204817 2017 Ford Police Interceptor
(traffic collision in FY22-23) 56,260
208014 2014 Ford Police Interceptor
(traffic collision in FY 22-23) 92,112
200614 2014 Ford Police Interceptor 86,409
203014 2014 Ford Police Interceptor 78,428
202814 2014 Ford Police Interceptor 59,418
203014 2014 Ford Police Interceptor 78,428
205014 2014 Ford Police Interceptor 103,389
207414 2014 Ford Police Interceptor 139,408
2S0911 2011 Ford Police Interceptor 97,433
These vehicles are being replaced with the vehicles shown below:

Replacement Make/Model Cost*
(15) 2023 Ford Interceptor Utility
Hybrid Patrol Vehicles 15 x $63,374.54
Contingency $95,061.81
Total Estimated Cost $1,045,679.91
*Vehicle Year, Make, and Model may change due to availability.

Public Works:

Public Works has 1 existing light duty truck that 10 years old and requires replacement, as listed below.

Existing Unit # Year Make/Model Mileage
320113 2013 GMC Sierra Quad Cab 4x4 83,645
This vehicle is being replaced with the vehicle shown below:

Replacement Make/Model Cost
(1) 2023 Ford F-150 Super Cab 4x4
Truck
$46,455.65
Contingency $4,645.57
Total Estimated Cost $51,101.22
*Vehicle Year, Make, and Model may change due to availability.

Item 1F - Page 4
City Council Staff Report
June 5, 2023 -- Page 5
Authorization to Purchase Vehicles
Fleet Additions:

Purchase 12 new vehicles for new positions not yet assigned a vehicle.

Make/Model Quantity Cost* Assigned To
2023 Ford Police
Interceptor Hybrid
3 x $63,374.54 $190,123.62 Police Department
2023 Ford F-150 Super
Cab 4x4 Truck
4 x $46,455.65 $185,822.60 Public Works
2023 Ford F-150 Super
Cab 4x4 Truck
1 $46,455.65 Special Programs
2023 Ford F-150 Super
Cab 4x4 Truck
3 x $46,455.65 $139,366.95 Parks and
Recreation
2023 Ford Mustang
Mach E (electric)
1 $49,035 Engineering
Contingency $61,120.75
Total Estimated Cost $672,328.25
*Vehicle Year, Make, and Model may change due to availability.

In addition, Fleet Operations will purchase three additional Ford interceptor Utility Hybrid Patrol vehicles to have on standby to ensure timely vehicle availability when a unit is taken out of service due to a traffic collision.

Make/Model Cost*
(3) 2023 Ford Interceptor Utility Patrol
Vehicles 3 x $63,374.54
Contingency $19,012.36
Total Estimated Cost $209,135.98
*Vehicle Year, Make, and Model may change due to availability.

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. According to Section 15378(b), 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 2, Community Infrastructure.

Item 1F - Page 5
City Council Staff Report
June 5, 2023 -- Page 6
Authorization to Purchase Vehicles
FISCAL IMPACT:

Annually the City Council appropriates funding in the Motor Vehicle Fund for new vehicles.

Sufficient funding is available in account 5106560-60020.

REVIEWED BY:

Acting Deputy Director of Maintenance and Facilities: Daniel Martinez Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Resolution No. 18834
Item 1F - Page 6
Item 1F - Page 7

1. 2.

3. 4.

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
Fi _; r;, .-f 14-- ;:::;~ _L-r,e,
- Address of Entity (Principle Place of Business)
7 g-590 V /H /V"('.-;2__ hep ~,J} d ~ C,4
Local or California Address (if different than #2) ,
State where Entity is Registered with Secretary of State t Cfa_L- ,\(' (!) IL,,_ ' J19
9 .:i;;oc
If other than California, is the Entitv also reqistered in California? n Yes n No Type of Entity
~poration 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 P11--vl < rih~ 'Th , ..t2 I D Officer ~irector D Member D Manager [name]
D General Partner D Limited Partner
• Other
....-,----- I j2Q V CJL _TO~ /\/ ~ t ~
[name]
D Officer ~ Director D Member D Manager
D General Partner D Limited Partner
• Other
0 -<:?a.R k. 'Jot-i/11 (Al ~ I D Officer [j@irector D Member D Manager (Revised 09 13 18)
[name]
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1F - Page 8

7. Owners/Investors with a 5% beneficial interest in the Applicant Entitv 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. ~
pA-J)_ '25"cif...rV 'th. -5<.., (
so ?o
~-£) 6 cf 4- f:o/~ ~
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B. p/br...Q r- (,< t7i , ..e£)
g~ ~CJ
,F-;...0£.~
[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 entitv]
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 entitv]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING 15 TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date ;f_ <fJ:2.--- 5- -.J 4 -2-s
(Revised 09 13 18)

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1F - Page 9

1. 2.

3. 4.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
p A-vvVJ <(;ftlnJ ,5 fv1r J1J/lJ , Tf'lc
Address of Entity (Principle Place of Business)
[eqz_oo €. f~ C1+,Jyo"' O.e. ' (:,,~11,1.4<--, C-tP'1
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State CA
C-,4 ')'2-z..?'--/ I
If other than California, is the Entitv also reqistered in California? n Yes n No =~-5•=---Iype ofcEntity""~= .. --- -- -- -·-···~--·- -- ·-·--- --- ---- - - ·- ·-· - - . ----- ~ 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 D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
!)!(other ~'(£~ l,,l S1
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• Other
D 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)
Item 1F - Page 10
Qvf'cc,C/4..

President
Secretary
Chief Financial Officer
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
--·------ -----------· --··- ~~-
Paul J. lhlel
Paul J. Thiel
Pamela Thiel
Pamela Thiel
Trevo·r J. Thiel
Derek J. Thiel
Dalys Simmers
Scott J. Simmers
Joseph A. Gibbs
Holly Thiel
Ramona Thiel .

Rick Rager
Shelly Macias
Trent Hanna
Mike Beaty
GeoffHill ·
Iv1;,1n Rodriguez
Scott Oaks
Item 1F - Page 11

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.
[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.
- ---·- ----··· -·-- - ·----· ~ =-:-::-:::;-:;:_:-; ----=---:-:c=·.----- ----·--- ---- ----------=:;----=-:::cc =--- -- __ ------:::-- - ---- -·- -· ----·- [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)
rinted Name, Title- Date

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
11:'\;,1 Page 2 of 2 '(!.)
Item 1F - Page 12
RESOLUTION NO. 18834

OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, ESTABLISHING A INEW
REPLACEMENT POLICY FOR CITY EQUIPMENT.

WHEREAS Resolution No. 14138, adopted on February 3, 1982, modified the City Equipment · Replacement Policy established by Resolution No. 8521, adopted November 8, 1965; and WHEREAS equipment reliability and longevity has increased as technology has b1::ien perfected subsequent to the last update of the Equipment Replacement Policy; and WHEREAS staff, utilizing best management practices during the City's continuing efforts to balance its budget, has endeavored to extend the service of City equipment beyond the established policy life of the equipment; and
WHEREAS it is now desirable to establish a new Equipment Replc1cement Polic:y to formally increase the length of time or mileage the vehicles will be ope1rated by thEi City before replacement; and
WHEREAS it is also desirable to incorporate language related to the introduction of alternate fuel vehicles in the City fleet,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs that:

Section 1:

Section II.

Resolution #14138 and any and all other previous Resolutions related to the City Equipment Replacement are hereby rescinded.

Replacement Schedule: City vehicles shall be replaced in accordance with the following schedule, provided that the Assistant Director of Transportation, Surface Transportation & Energy (Fleet Manager) shall have the responsibility of determining whether exceptionally good or exceptionally poor vehicles shall be replaced in accordance with the Replacement Schedule or possibly retained for a greater or lessor period, and upon such determination, departure from the schedule is allowed, subject to the approval of the Director, Department of Transportation:

REPLACEMENT SCHEDULE
Vehicle Type Replacement

1. Motorcycles 4 years*

2. Staff cars 6 years 01r 70,000 mili3s
(Bought Used)

3. Police Patrol Units 3 years o:r 90,000 mif13s

4. Police Detective Units 6 years or 70,000 milias
(Bought Used)

5. Truck & PickU1ps
A. Light Duty 8 years or 80,000 mil,es
(Up To 3/4 Toni

8. 1 Ton & Over 10 years
*Note: Age is based on model year.

I
I
I
Item 1F - Page 13
I
I
I
Rl8834

6. Specialized Equipment
(Such as Fire Trucks
Sweepers, etc.)

7. Equipment Loss Due To Accident
To be determined by the Fleet
Manager in consultation with the
user Department, subject to the
approval of the Director,
Department of Transportation based
on physical inspection and analysis
of current operating cost data and
mandated Regulations.

Immediately.

Section Ill. Vehicle Assignment/Rotation: Authorized vehicles are assigned to the various user departments via the budget process. User departments shall determine whom within their department utilizes which vehicle, except that the City Manager shall authorize and assign take-home vehicles. The Fleet Manager, after consulting with user departments, and with the consent of the Director, Department of Transportation, may rotate vehicles between user departments for operational efficiency or to extend the useful life of said vehicle.

Section IV. Methods of Acquisition: The Fleet Manager shall acquire City equipment in accordance with the City's Procurement Ordinance.

Section V. Methods O'f Disposal: The Fleet Manager shall dispose of surplus equipment in accordance with the City's Procurement Ordinance. Surplus equipment may be traded in on new or used equipment provided that the value of the trade shall be included as part of the total expenditure for the purpose of determining Procurement Ordinance limits compliance.

Section VI. Alternate Fuel Vehicles: The Fleet Manager shall make every effort to incorporate alternate fuel vehicles within the fleet via purchase or conversion.

Whenever a vehicle is replaced, that operationally is suited for alternate fuel usage, there is a proven track record for the specific type of vehicle being replaced, and the specific "engine family" is approved for use in California by the California Air Resources Board, the bid shall include a comparison of gasoline/diesel equipment vs alternate fuel equipment.

Section VII. Accessories: After market accessories that are purchased to properly equip a piece of equipment to carry out its designated function, shall be included in the overall capital cost component of the City's Motor Vehicle Replacement account for the particular vehicle to ensure the vehicle user department bears the full cost of its equipment.

Section VIII. Reporting Format: When a vehicle is being replaced requiring City Council approval, the Staff Report shall include the following information:

Vehicle type, Identification Number of the vehicle (except for undercover vehicles), vehicle use characteristics, description of why it is being replaced, special needs or equipment, alternate fuel options/discussion.

ADOPTED this 5th day of June r 1996,
AYES:

NOES:

ABSENT:

ATTEST:

Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst None
None

LIFORNIA
~~c>(
\--.::,tity Clerk
REVIEWED & APPROVED AS TO FORM.----"W,___;_,u)_. _____________ _

CITY COUNCIL STAFF REPORT
06/05/2023
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO UNIFIED FIELD SERVICES CORPORATION IN THE AMOUNT OF $2,167,854 FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS, CITY PROJECT 21-05
RECOMMENDATION:

Award the construction contract to Unified Field Services Corporation, a California corporation, in the amount of $2,167,854 for the WWTP Sludge Drying Beds, City Project No. 21-05 (the “Project”).

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $216,785 (10%) with all change orders reported to the City Council at project completion.

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
DATE: JUNE 5, 2023 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO UNIFIED FIELD SERVICES CORPORATION IN THE AMOUNT OF $2,167,854 FOR THE

WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS, CITY
PROJECT 21-05
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this contract will allow the City to proceed with construction to rehab eleven (11) sludge drying beds at the City’s Wastewater Treatment Plant (WWTP).

RECOMMENDATION:

1. Award the construction contract to Unified Field Services Corporation, a California corporation, in the amount of $2,167,854 for the WWTP Sludge Drying Beds, City Project No. 21-05 (the “Project”).

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $216,785 (10%) with all change orders reported to the City Council at project completion.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form from Unified Field Services Corp is included as Attachment A.

BACKGROUND:

On April 21, 2010, the City Council approved the Wastewater Treatment Plant Capital Repair and Rehabilitation Plan. Staff identified 30 capital projects required at the City’s WWTP at a projected cost of $67 million. The City Council authorized Staff to proceed with five projects considered top priority. They were the Digester No. 1 Rehabilitation Item 1G - Page 1
City Council Staff Report
June 5, 2023 -- Page 2
Award Const Contract WWTP Sludge Beds CP 21-05
Project, Plant Reclaimed Water Upgrades, Gravity Thickener Upgrades, New Perimeter Security Fence, and Electrical System Update. The total for these projects was $8 million.

On December 7, 2016, the City Council awarded a construction contract for the WWTP Upgrades Project. This included many of the remaining projects considered top priority, which were the new Headworks, Primary Clarifiers, Influent Pump Station, and Sludge Centrifuge. The project was completed in 2018 at a total cost of $31.4 million.

On November 14, 2018, the City Council authorized a purchase order to MWH Constructors, Inc., (now Stantec) to update the prior 2010 Wastewater Treatment Plant CP 21-05 Sludge Drying Beds Capital Repair and Rehabilitation Plan and complete a rate study. On April 22, 2021, the City Council reviewed and approved the 2021 Wastewater Capital Rehabilitation and Repair Plan. The 2021 Plan included a 5-Year Capital Improvement Program (CIP) for the WWTP, identifying 14 projects totaling approximately $80 million, with no increases to the rate payers for the next five years. The WWTP Sludge Drying Beds Project is a priority of the CIP.

There are eleven (11) sludge drying beds that require rehabilitation. The Project consists of removal of the existing asphalt concrete pavement bottoms and replacement with new Portland cement concrete bottoms. In addition, the existing concrete masonry walls that separate neighboring sludge drying beds will be replaced with reinforced concrete partition walls.

STAFF ANALYSIS:

On March 27, 2023, the Engineering Services Department advertised the Project to plan rooms, the local paper and through the City’s online procurement program PlanetBidsTM to allow the submissions of bids electronically.

On May 2, 2023, the Engineering Services Department received three bids from the following contractors:

Company Location Bid Amount
Unified Field Services Corp. Bakersfield, CA $2,167,854.00 Metro Builders & Eng. Group Newport Beach, CA $2,276.182.64 Steve P. Rados, Inc. Santa Ana, CA $2,390,000.00
Unified Field Services Corp. submitted the lowest responsive bid in the amount of $2,167,854. The engineer’s estimate for the Project was originally $1,658,000. A copy of the construction agreement is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or Item 1G - Page 2
City Council Staff Report
June 5, 2023 -- Page 3
Award Const Contract WWTP Sludge Beds CP 21-05
reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the WWTP Sludge Drying Beds, City Project No. 21-05, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 2 – Community Infrastructure.

FISCAL IMPACT:

The budget for the Project was $1,632,200 in Wastewater funds. An accounting of the Project budget is shown in Table 1 below.

TABLE 1
Project Accounting Amount
Budgeted Measure “Wastewater” Funds $1,632,200
Construction Contract ($2,167,854)
Contingency (10%) ($216,785)
Administration, Engineering, Construction Support ($247,561) Budget Remaining $(1,000,000)
The Project, as bid, had a budget deficit of one million. Due to the budget deficit, Staff is requesting an appropriation of $1,000,000 from the Wastewater Fund Balance to cover the shortfall. There is sufficient funding in the Wastewater fund to cover the shortfall.

Funds not used for the construction of the project will be returned to the Wastewater fund account.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Construction Agreement
Item 1G - Page 3
Attachment A
Item 1G - Page 4
Item 1G - Page 5

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

UNIFIED FIELD SERVICES CORPORATION

2. Address of Entity (Principle Place of Business)
6906 DOWNING AVENUE BAKERSFIELD CA 93308

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

SAME AS ABOVE

4. State where Entity is Registered with Secretary of State

STATE OF CALIFORNIA
If other than California, is the Entitv also registered in California? • Yes • No

5. Type of Entity
129 Corporation • Limited Liability Company • Partnership • Trust • Other (please snecif"'

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/he member, manager, trust or other entity Wesley R Furrh, Jr., President/CEO/Secretary/Treasurer 129 Officer • Director • Member • Manager • General Partner • Limited Partner
• Other
Joseph Watkins, Vice President IZl Officer • Director • Member • Manager

SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023
• General Partner • Limited Partner
• Other
• Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1G - Page 6

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.

Wesley R Furrh, Jr. PresidenUCEO/Secretary/Treasurer 75%, Unified Field Services Cor12oration [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Joseph Watkins, Vice President 25%, Unified Field Services Corporation [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 PENAL TY OF PERJURY UNDER THE LAWS OF THE ST ATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date
April 24, 2023

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

SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 1G - Page 7
Who Must File?

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.

When Must I File?
You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. (We are collecting this with the bid proposals) What Must I Disclose?

1. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Notes:
(1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity.

Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed on an additional, separate form.

2. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.

USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].

SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
Attachment B
Item 1G - Page 8

SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
55575.18165\34351901.2

AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20 , 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 Unified Field Services, Corporation 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:

SLUDGE DRYING BEDS 16-18 AND 19 – 26 REHABILITATIONS
CITY PROJECT NO. 21-05
The Work comprises of the rehabilitation of eleven (11) of twenty-six (26) existing sludge drying beds, including removal of the existing asphalt concrete pavement bed bottoms, and replacement with new steel reinforced Portland Cement concrete (PCC) bottom. The work shall also include protecting-in-place the existing reinforced concrete walls retaining beds 19-26, as well as protecting-in-place the existing CMU walls retaining beds 13-16.

All skimmer boxes, inlet boxes, and drainage facilities shall be protected-in-place, 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 Item 1G - Page 9

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CITY PROJECT NO. 21-05
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
55575.18165\34351901.2
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.

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 $2,167,854.

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, Local Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, NonCollusion Declaration, Bidder's General Information, Bid Security or Bid Bond, 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.

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.

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 Item 1G - Page 10

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CITY PROJECT NO. 21-05
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
55575.18165\34351901.2
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.

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.

Item 1G - Page 11

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CITY PROJECT NO. 21-05
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4
55575.18165\34351901.2
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 Section 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 the other party hereto, its partners, successors, assigns, and legal 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.

Item 1G - Page 12

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CITY PROJECT NO. 21-05
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5
55575.18165\34351901.2
ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein.

Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors
Contractor shall include and shall require all of Contractor’s subcontractors of any tier to include contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment
Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation
Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

13.5 Conflicts
In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.

13.6 Costs of Compliance
Contractor represents and warrants that it has included in its bid all costs of compliance Item 1G - Page 13

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AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6
55575.18165\34351901.2
with the requirements of this Section 13.

13.7 Not a Limitation
The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1G - Page 14

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MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 7
55575.18165\34351901.2
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
Scott C. Stiles
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.

Item 1G - Page 15

SLUDGE DRYING BEDS
CITY PROJECT NO. 21-05
MARCH 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 8
55575.18165\34351901.2

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 that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

Item 1G - Page 16

CITY COUNCIL STAFF REPORT
06/05/2023
SUBJECT:

APPROVE AGREEMENT NO. 23B121 WITH UNIVERSAL GREEN LLC FOR

LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
RECOMMENDATION:

Approve Contract Services Agreement No. 23B121 (Attachment A) with Universal Green LLC, to provide landscape and grounds maintenance services for an amount not to exceed $1,406,256.40 for a three-year term beginning July 1, 2023 through June 30, 2026, with two one-year extension options at the City’s sole discretion;

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

Attachments
Item 1H

CITY COUNCIL STAFF REPORT
DATE: JUNE 5, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT NO. 23B121 WITH UNIVERSAL GREEN LLC

FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance & Facilities
SUMMARY:

This action will approve a three-year agreement with two one-year options with Universal Green LLC, for landscape and grounds maintenance services in an amount not to exceed $1,406,256.40.

RECOMMENDATION:

1. Approve Contract Services Agreement No. 23B121 (Attachment A) with Universal Green LLC, to provide landscape and grounds maintenance services for an amount not to exceed $1,406,256.40 for a three-year term beginning July 1, 2023 through June 30, 2026, with two one-year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on May 18, 2023, Universal Green LLC is registered in the State of California.

STAFF ANALYSIS:

The contract with Universal Green LLC is a maintenance services contract with optional on-call, as needed services. The bids were used to determine the lowest, responsive, responsible bidder and to set the unit rates for the contract; however, the actual amount of the contract is based on the budgeted amount set by the Department.

An Invitation for Bids (IFB 23-28) was initiated by the City’s Procurement and Contracting Department on April 24, 2023, based on Maintenance and Facilities specifications. Bids Item 1H - Page 1
City Council Staff Report
June 5, 2023 -- Page 2
Award City Facilities Landscape and Grounds Maintenance Contract were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Six bids were received by the May 18, 2023, deadline as follows:

Vendor Bid
Universal Green LLC $1,406,256.40
PWLC II, INC. $1,606,224.00
Mariposa Landscapes, Inc. $1,656,237.15
Nissho of California $2,113,188.00
Priority Landscape Services, LLC. $2,258,006.00
Conserve LandCare $3,151,332.16
Landscape and grounds maintenance services of City facilities include 19 separate zones within the Palm Springs Airport and 16 City Facilities consisting of approximately 55 acres of total maintained areas.

The contract is for three years with two optional one-year renewals and the unit pricing is fixed for the initial three-year term and subject to a CPI increase in the following years.

Staff recommends approval of Contract Services Agreement No. 23B121 with Universal Green LLC, for a three-year term in the amount not to exceed $1,406,256.40 effective July 1, 2023, through June 30, 2026, with two one-year extension options at the City’s sole discretion.

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 2, Community Infrastructure.

Item 1H - Page 2
City Council Staff Report
June 5, 2023 -- Page 3
Award City Facilities Landscape and Grounds Maintenance Contract FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2023-24 in accounts 1006535-40105, 1006540-40105, and 4157045-40105.

REVIEWED BY:

Assistant Director of Maintenance and Facilities: Heather MacPherson Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 23B121
B. Public Integrity Disclosure
Item 1H - Page 3

ATTACHMENT A
Item 1H - Page 4
Revised 4.13.23 Page 1 of 86
CONTRACT SERVICES AGREEMENT 23B121

LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 1, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and UNIVERSAL GREEN LLC, a California Limited Liability Company, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide landscape and grounds maintenance services, (“Project”).

B. Contractor has submitted to City a proposal to provide landscape and grounds maintenance services, to City under the terms of this Agreement.

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

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

NOW, 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. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed 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. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes 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 the Services and this Agreement.

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $1,406,256.40.

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

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, 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 Contractor’s profession.

3.4 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.

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4. PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on July 1, 2023, and ending on June 30, 2026, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two (2) additional one (1) year terms.

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

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

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Salvador Moreno Ramos (name), Member (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor 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.

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

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

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5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Salvador Moreno Ramos Member

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which 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 Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor 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 Contractor 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 Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Item 1H - Page 9
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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 (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 arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance 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 statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract 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.

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

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

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor 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.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and 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 California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this 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.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

9.4 Rights and Remedies are 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. The exercise by either Party of one or more of such rights or remedies Item 1H - Page 11
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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.

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement 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 contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or 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.

10.3 Covenant Against 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 Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Universal Green LLC
Attention: Salvador Moreno Ramos
17989 Corkill Rd 63
Desert Hot Springs, CA 92241

11.2 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.

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

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

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

11.6 Third 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.

11.7 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.

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

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

11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND UNIVERSAL GREEN LLC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

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

CITY OF PALM SPRINGS:

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
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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Scope:

A. Contractor shall furnish all labor, tools, materials, and equipment, except where otherwise specified, to provide landscape and grounds maintenance services (Work).

B. The scope of work includes providing daily (7 days per week) landscape and grounds maintenance services of 16 City Facilities and 19 separate “Zones” of Airport controlled property consisting of approximately 11.9 acres of turf, 18 acres of desert landscape, 13.4 acres of native landscape, and 55 acres of total maintained landscaped areas (inclusive of turf, desert and native landscaped areas), and annual winter rye grass re-seeding. Tree trimming services are excluded except to the extent dead or damaged tree limbs have broken and are hanging from a tree, or fallen onto the ground and require removal, which is expressly included in the scope of work.

C. All work shall be done in a thorough and workmanlike manner to the satisfaction of the City and shall comply with all legal construction and landscape maintenance practices. The premises shall be maintained at the level of service always provided for in the scope of work.

D. The City has prohibited the use of gasoline leaf blowers. The Contractor shall only use electric, and battery powered leaf blowers.

E. Contractor shall recycle green waste generated from their contract performance and submit a monthly report identifying the weight and/or volume of green waste recycled.

F. Contractor shall provide landscape maintenance of all work sites, including, but not limited to the following:

1. Fertilize, prune, shape and trim trees, shrubs, vines and ground cover plants.

2. Control weeds and plant diseases.

3. Mow, edge and fertilize turf grass and blow hardscape clean.

4. Maintain plant material in a healthy condition with horticultural acceptable growth and color.

5. Inspect, maintain and repair all irrigation systems in their entirety.

6. Removal of Damaged Plant Material. All dead, damaged, declining, hazardous or broken plant material (Trees, shrubs, vines, ground cover, turf), whether a result of the Contractor negligence or an Act of God shall be removed by the Contractor at no additional cost to the City. This scope of work includes removal of dead or damaged tree limbs that have broken and are hanging from a tree or have fallen onto the ground.

7. Perform general area clean-up, including the removal of leaves, trash, dog feces and other debris from the work sites.

8. Maintain all work sites in a safe, attractive and usable condition.

9. Maintain hardscape and drainage systems.

G. The Contractor must provide continuous inspections of its work areas.

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H. The City Contract Administrator will schedule inspections to monitor the Contractor’s activities and ensure that the work performed is done to the quality level and prescribed methods and time schedules.

I. Discrepancies and deficiencies in the work will be brought to the attention of the Contractor and corrected in the manner and time frame specified by the City.

J. The Contractor shall meet daily with the City Contract Administrator at a time mutually agreed upon by the City and the Contractor. This daily contact is for the purpose of discussing areas to be maintained, Contractors’ work schedule for the day, areas that need to be inspected for approval, and Site Inspection Forms that need to be signed off. Failure to contact the Contract Administrator or designate on a daily basis will constitute a breach of contract.

K. Emergency Response:

1. Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification. (Emergencies that involve maintenance work included in these general conditions shall not be compensated).

2. Contractor shall maintain a 24 hours per day seven days per week on-call service for emergency calls. The Contractor shall respond to an emergency call within two (2) hours.

3. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition.

4. If the Contractor cannot be reached within two (2) hours the City will deduct from the monthly billing the cost of City forces, or other sources, used to repair the emergency.

5. The Contractor shall not receive additional compensation for responding to emergencies for work included within the scope.

6. In situations involving emergency repair work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours.
a. The Contractor’s vehicle shall carry sufficient equipment to effect safe control of traffic.
b. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary, and proceed to repair on a temporary/permanent basis.
c. If a City Representative is still at the site when the worksite Contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with that responsible person.

1. If the repair will take only a few minutes, the City Employee may stay to continue to direct traffic while the Contractor makes the repairs.

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and all other necessary warning devices and relieve the City Representative.
d. The Contractor shall notify the City, or his representative by telephone within 24 hours of any emergency work that is performed.

L. Special Events:

1. Contractor shall be available during special events to provide general cleanup and trash/debris removal, including the following regularly scheduled parades:
a. Tour de Palm Springs (January)
b. Black History Month Parade (late February)
c. Palm Springs High School Homecoming Parade (late
October/November)
d. Greater Palm Springs Pride Parade (early November)
e. Veteran’s Day Parade (November 11)
f. Festival of Lights Parade (early December), and/or holiday weekends

2. Contractor shall also provide additional general cleanup and trash / debris removal during holiday weekends.

M. Areas to be Maintained:

1. Work sites may include medians, parkways, facilities, slopes, greenbelt areas, or natural areas

2. An identification of the areas to be maintained is provided in the Appendix

3. Inventories supplied with this bid package are only approximate and may contain errors.

N. Contractor shall perform a maintenance inspection, during daylight hours, of all areas. Such inspection shall be both visual and operational. It shall include, but not be limited to, the operation of all irrigation and/or other mechanical systems to check for proper condition and reliability. Contractor shall post signs indicating the system is being checked for maintenance purposes.

O. Contractor shall attend a mandatory inspectors’ meeting each week in order to receive important information and resolve any problems.

P. Contractor shall complete and submit a monthly Site Inspection form and keep a monthly complaint log.

Q. Site Inspection Form: The Site Inspection Form will consist of a written list of specified monthly tasks landscape and grounds maintenance. The Site Inspection Form shall be considered complete when all work on the sheet has been inspected and approved by the City and has been signed by both the City and the Contractor indicating that agreement exists as to the information shown on the Site Inspection Form. Such information shall consist of specific worksite locations and the acceptability of the maintenance activities performed. The completed sheets dated, certified, and signed by the Contractor and the City will be submitted to the City monthly along with an invoice with the Contractor’s letterhead, and an affidavit for evaluation and pay. It shall be mandatory that all Item 1H - Page 19
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forms be completed at the end of each month before another Site Inspection Form may be issued. Failure to obtain a Site Inspection Form prior to beginning the next month’s maintenance services can result in nonpayment for work performed.

R. Contractor Staff:

1. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City, all work required under this contract during the prescribed hours.

During this Contract, Contractor shall provide the following minimum crew assignments and full-time staffing levels on-site at all times:
a. One (1) full-time superintendent
b. Two (2) full-time lead workers
c. Two (2) full-time landscape technicians
d. Two (2) full-time irrigation technicians

2. Contractor shall also provide additional manpower as needed to adequately perform all tasks as specified in the Contract.

3. All of these people shall work Monday through Friday and be assigned to the various facilities in the city. Additionally, workers shall be assigned to work a full eight (8) hour shift on Saturdays, Sundays and holidays to provide the City with seven (7) day-per-week coverage, as required on each Task List.

4. At least four (4) full-time employees shall be allocated seven (7) days per week and assigned to provide services at City Hall, Police Department, and the Airport Zones. The City reserves the right to require additional full-time employees to be assigned to City Hall, Police Department and Airport Zones if the required landscape maintenance services are not being adequately provided at these three facilities. All other facilities shall be maintained on a crew basis where the crews report in the morning, pick up trash and inspect the facilities. All other landscape tasks, such as horticultural, irrigation and support services, shall be accomplished throughout the day and work week, as specified in the Contract.

5. The Contractor shall have competent supervisors, who may be working supervisors, on the job always work is being performed who are capable to communicate effectively both in written and oral English and discuss matters pertaining to this contract. Supervisors must be able to demonstrate to the satisfaction of the City that they possess adequate technical background. Adequate and competent supervision shall be provided for all work done by the Contractor’s employees to ensure accomplishment of high-quality work which will be acceptable to the City.

Any order or communication given to the supervisor shall be deemed as delivered to the Contractor.

6. The Contractor, and their employees, shall always conduct themselves in a proper and efficient manner and shall cause the least possible annoyance to the public. The City may require a Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise Item 1H - Page 20
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objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City.

7. The Contractor shall require each of his employees to wear basic public works working attire. These are basically proper shoes, and other gear required by State Safety Regulations, and proper wearing of the clothing.

Shirts shall be worn and always buttoned; safety vests are required when indicated by the Work Area Traffic Control Handbook, or the City.

8. The Contractor shall establish an identification system for personnel assigned to service this Agreement which clearly indicates to the public the name of the Contractor responsible for the landscape maintenance services. The identification system shall be furnished at the Contractor’s expense and includes appropriate attire and/or name badges.

9. The superintendent, lead worker, landscape technician, and irrigation technician shall each have a cell phone in their vehicles and be always available for telephone contact during normal working hours to respond to calls and settle problems that may occur throughout the workday.

S. Apprenticeship Standard: Where required under law, the Contractor shall assume full responsibility for compliance with apprenticeship standards as established by Section 1777.5 of the California State Labor Code.

T. Protection of Public / Safety:

1. The Contractor shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation; to safely maintain equipment, machines, and materials or other hazards consequential or related to the work; furthermore, to accept the sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to, OSHA and CAL-OSHA.

2. Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the Contractor to give advised and reasonable protection, safety and warning to persons and vehicular traffic concerned in the area. All construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CA-MUTCD) for Streets and Highways, or subsequent editions in force at the time of construction. Part 6 of the California MUTCD is available online at:
https://dot.ca.gov/programs/safety-programs/camutcd.

3. All signs, barricades and other temporary traffic control devices required for the work shall be the responsibility of the Contractor.

4. The City, or his representative, reserves the right to issue restraint, or cease and desist orders, to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract.

U. Hazardous Conditions:

1. It shall be the Contractor’s responsibility to identify, any condition(s) that renders any areas within this Agreement unsafe, as well as any unsafe Item 1H - Page 21
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practices occurring thereon. The City shall be notified immediately of any unsafe condition that requires major correction.

2. The Contractor shall be responsible for making minor corrections including, but not limited to, filling holes in landscaped areas and paving, diverting water sheet flow, using barricades or traffic cones to alert persons of the existence of hazards, replacing valve box covers, and securing exercise and/or play apparatus to protect all persons from injury.

3. The Contractor shall inspect all work sites for hazards, or potential hazards daily.

4. During the required inspection of all work sites for hazards, or potential hazards, the Contractor shall keep a log indicating the date the area was inspected, any unsafe conditions, and the action taken.

5. The Contractor shall cooperate fully with the City in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the City within five (5) days following the occurrence.

V. Non-Interference: The Contractor shall not interfere with the public use of the premises, nor disrupt the peace and quiet of the area within which the services are performed. Contractors shall conduct their operations to offer the least possible obstruction and inconvenience to the public.

W. Reporting Damage or Malfunction: Any damage to, or malfunction of, any facility not specifically stated in this Agreement shall be promptly reported to the City.

X. Wear & Tear, Vandalism / Theft:

1. The Contractor shall be responsible for reporting any vandalism/theft of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractor.

2. The Contractor shall be responsible for performing maintenance, repairs, and replacement of existing landscaped areas which are maintained under this contract and damaged or altered in any way as a result of theft and/or mysterious damages that do not result from the performance of the Contractor

3. Compensation will be reimbursed only for the cost of parts which are directly related to the normal wear and tear, theft and/or vandalism; labor shall be provided by the Contractor at no additional cost to the City. The Contractor must receive the City’s prior approval and shall maintain a full accounting of any additional parts.

4. The following conditions shall be met prior to the Contractor identifying additional parts as being needed due to normal wear and tear, theft and/or vandalism, and for any proposal of Extra Work requiring additional payment over and above the monthly allowance:
a. Submit a written proposal for the replacement part(s) costs documenting with photos the condition of the part requiring Item 1H - Page 22
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replacement, or the theft or vandalism that has caused the damage requiring repair to the irrigation system.
b. Secure written authorization for the purchase of the replacement parts by the City, or his delegated representative.
c. Submit a photocopy of the original invoice(s) for the replacement parts. d. Submit a copy of a report filed with the City Police Department which relates to the specific incident if required by City.

Y. Utilities:

1. The City shall pay for the maintenance-related water and electrical utilities.

2. The Contractor may pay for all excessive utility usage due to the Contractor’s failure to repair irrigation systems or unauthorized increases in water usage.

3. The excess cost will be determined by comparing the current usage with historical usage for the same time period.

4. The excess cost factor may be deducted from payments to the Contractor; however, the Contractor will be allowed to explain the increase in utility usage prior to the actual deduction.

Z. Local Office:

1. The Contractor shall maintain an office with a telephone and always provide the following:
a. A responsible person(s), employed by the Contractor, which shall have the ability to take necessary action regarding all inquiries and/or complaints received from the City or the City.
b. This person(s) shall be reachable twenty-four (24) hours per day and seven (7) days per week.
c. An answering service shall be considered an acceptable substitute to full-time coverage, outside of prescribed working hours, provided the Contractor is notified of any communication within one (1) hour after receipt of said communication.
d. The telephone number(s) of the Contractor or responsible person(s) of the Contractor shall be a toll-free number for the City.

2. During normal working hours, the Contractor’s Supervisors, who are responsible for providing maintenance services, shall be available for notification through cellular telephone communication.

AA.Storage Facilities: The City shall not provide any storage facilities for the Contractor. The City’s Corporate Yard located at 425 N. Civic Drive is a secure facility and shall not be used by the Contractor. The Contractor shall be responsible for obtaining an appropriate administrative office, storage yard, and secure parking lot for its equipment and vehicles. The location of its facility shall be within the City of Palm Springs, subject to the approval of the City.

BB.Locks and Keys and Controller Remote Transmitters:

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1. Where City locks and keys are required as part of this contract, the Contractor shall:
a. Not duplicate any coded City key furnished by the City. b. Surrender all keys furnished by the City at the end of the contract period, or at any time deemed necessary by the City to prevent loss to the City.
c. Protect the security of City property by keeping controller cabinet and enclosure doors always locked.
d. Refrain from using premises behind locked doors for storage of materials, supplies or tools except as approved by the City. e. Be required to pay a $100.00 deposit for each key issued to open controller cabinets. This deposit is refundable upon return of the key to the City. Loss of a key will result in the forfeiture of the key deposit and may restrict the City from issuing any future keys.
f. Be required to pay a $450.00 deposit for each controller remote transmitter issued to the Contractor. This deposit is refundable upon return of the remote transmitter in good condition to the City. Loss of the remote transmitter or a return of a non-working remote transmitter will result in the forfeiture of the deposit and may restrict the City from issuing any future remote transmitters.

CC. Signs:

1. The Contractor shall not post signs or advertising matter upon the areas under maintenance or improvements thereon.

2. The Contractor shall, always, remove all unauthorized signs and advertising matter in the areas under maintenance.

DD. Parking:

1. During the Contractor’s daily operations and completion of the Work, the Contractor shall park their vehicles and equipment within designated public parking areas or approved locations, in accordance with local and state laws, maintaining clear travel lanes for vehicular traffic. Overnight parking of the Contractor’s vehicles and equipment shall be located within the Contractor’s own secured storage facility, and not within any City facilities or public parking lots.

2. The Contractor’s vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of OSHA or CAL-OSHA.

EE.Vehicles: The Contractor’s vehicles used in performance of the services required hereunder shall be maintained in first class condition. Upon commencement of the services, the Contractor shall furnish and apply an appropriate logo on all vehicles to be used within the City identifying the Contractor’s company and its capacity working on behalf of the City. The logo shall be prepared by the Contractor and submitted to the City for approval prior to use.

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FF.Unknown Obstructions: Should any unknown obstruction be encountered during this contract the Contractor should immediately bring it to the attention of the City. The Contractor shall be responsible for the protection of all existing equipment, furniture, or utilities encountered within the work area.

GG. Removing Obstruction and Maintenance of Existing Improvements:

HH. Use of Chemicals:

1. The Contractor shall submit a list of all chemical herbicides and pesticides, proposed for use under this contract for approval by the City. Materials included on this list shall be limited to chemicals approved by the State of California Department of Pesticide Regulation and shall include the exact brand name and generic formulation. The use of any chemical on the list shall be based on the recommendations of a licensed pest control advisor where required by law.

2. The City has prohibited the use of any herbicide containing Glyphosate.

3. The use of chemicals shall conform to the current County of Riverside Agriculture Commissioner regulations. No chemical herbicide or pesticide shall be applied until its use is approved, in writing, by the City as appropriate for the purpose and area proposed.

1.2 Work Standards:

A. Method of Irrigation

1. Since water requirements by plants vary according to the season and a particular year, extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun, wind, shade and location in the individual planters. The variation in size of plants installed, as well as the varieties, shall be taken into consideration. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth for operational mode.

2. Contractor shall create an annual irrigation schedule, post within each controller and provide a copy to the Contract Administrator.

3. Adequate soil moisture shall be determined by programming the irrigation system as follows:
a. Adjusting and setting the automatic controller to establish frequency and length of watering period.
b. Consideration must be given to the soil conditions, humidity, minimizing runoff and the relationship of conditions which affect day and night watering. This may include daytime watering during freezing weather to prevent icy conditions and manual operation of the irrigation system and/or hand watering with portable sprinklers during periods of windy or inclement weather.
c. A soil probe shall be used to a depth of twelve inches (12”) to determine the water penetration by random testing of the root zones.

4. Watering shall be regulated to avoid interference with any use of the facility’s roadways, paving or walks.

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5. In the areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity, which would normally occur at night or during early morning hours.

6. Irrigation system shall be controlled in such a way as to not cause any excessively wet or “waterlogged” areas that could interfere with the ability to mow all turf. “In lawn” trees and other planting shall be protected from over watering and runoff drowning.

7. New turf [up through the sixth (6th) mowing] shall be watered immediately after mowing. Well-established turf shall not be watered for at least four (4) hours after mowing.

8. All ground cover areas shall be watered as needed to maintain a healthy condition, with appropriate care being taken to not over water in shady areas.

9. Contractor shall be responsible for the operation of the automatic controllers, valves and sprinkler heads in managing the overall irrigation water delivery system of the area. All irrigation systems shall be regularly inspected and tested in accordance with the specifications set forth herein.

10. Contractor shall ensure that all personnel working on the irrigation system are fully trained in all phases of landscape irrigation systems and can easily identify and isolate problems and perform the proper testing and inspection of the irrigation system and the maintenance of the sprinkler heads. This knowledge of landscape irrigation systems shall include, but not be limited to, the operation, maintenance, adjustment and repair of said systems and their components.

11. Contractor shall be responsible for total maintenance of the irrigation system by performing the following tasks:
a. Setting, scheduling, and monitoring all irrigation controllers. b. Inspecting and reporting of irrigation system status. c. Adjusting and cleaning of sprinkler heads.
d. Repairing or replacing broken or damaged sprinkler heads with equal size and quality.
e. Providing all P.V.C. schedule 80 nipples, caps, plugs, elbows, couplings, fittings, etc.
f. Providing replacements of all risers and swing joints due to normal wear, vandalism and/or third-party negligence.
g. Flushing irrigation pipelines, as needed.
h. Replacing valve box covers due to normal wear, vandalism and/or thirdparty negligence with ones of equal size and quality. i. Replacing and/or relocating sprinkler heads. Contractor shall confer with the Contract Administrator regarding the need for replacement or relocation of sprinkler heads. City may require the Contractor, at no additional cost, to relocate the sprinkler heads to those areas within the facility identified by the Contract Administrator
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j. Repairing and/or replacing the following items of the irrigation system with equal size and quality: quick couplers, automatic valves, gate valves, valves, automatic controllers, and back flow devices. k. Annual inspection of the back flow devices.

12. Complete piping replacement of the irrigation system shall not be required by the Contractor. Contractor shall be responsible for the repair or replacement of leaking main and lateral irrigation lines.

13. Replacement of irrigation components shall be completed within twenty-four (24) hours of determining damage or inoperable irrigation components or as otherwise specified.

14. Replacement for the irrigation system shall be with originally specified equipment of the same size and quality or substitutes approved by the Contract Administrator prior to any installation thereof.

15. Maintenance of the water and irrigation systems is one of the most important functions of this Contract. The City expects the Contractor to properly staff, inspect and maintain these systems to the highest possible standard.

16. Water supplied by the City for irrigation may be Recycled Water, indicated by purple color-coded sprinklers, valves, valve boxes, tags and signs.

Contractor understands that recycled is not intended for human contact or consumption.

17. Contractor accepts full responsibility for educating and monitoring its employees regarding safety issues related to the presence and use of Recycled Water, and for having appropriate state licenses required for operation and maintenance of Recycled Water systems.

B. Initial Irrigation Inspection

1. Contractor shall initially inspect and familiarize themselves with the entire irrigation system at all work sites and identify all needed repairs.

2. Required repairs shall be submitted to the City in a written statement within two (2) weeks after the start date of the maintenance contract.

3. If a written statement which documents required repairs is not received by the City within the stated timeframe, the entire system shall be interpreted as fully operational, and deemed acceptable by the Contractor.

4. The City shall review and verify all submitted repairs from the initial inspection. Repairs may be completed by the following methods:
a. Authorize the Contractor to make appropriate repairs. b. Use City forces to make required repairs.
c. Use another source to make required repairs.

5. Upon completion of all repairs following the initial inspection, the Contractor shall sign-off each individual area as being fully operational C. Weekly Irrigation Inspections
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1. To ensure the operability of the irrigation system, Contractor shall sequence controllers to each station manually to check the function of all facets of the irrigation system and report any damage or incorrect operation to the Contract Administrator. This shall be done weekly in all areas and immediately following the mowing operation in all turf areas.

2. During testing, Contractor shall:
a. Adjust all sprinkler heads for correct coverage to prevent excessive runoff and/or erosion and the spread of water onto roadways, sidewalks, hard surface areas, buildings and private property. b. Unplug clogged heads and flush lines to free lines of rocks, mud and debris.
c. Replace or repair inoperable irrigation equipment.
d. All system malfunctions, damage and obstructions shall be recorded, reported to the Contract Administrator and corrective action taken.

3. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.

4. Malfunctioning sprinkler heads shall be repaired or replaced within one (1) watering cycle.

5. Malfunctioning irrigation systems and equipment shall be corrected within two (2) hours of identification or following verbal notification.

6. The irrigation system shall be controlled during inclement weather conditions and the use of water limited concurrent with the weather situation to the satisfaction of the Contract Administrator.

7. The irrigation lines shall be flushed of grit and gravel by removing the last head on each lateral and operating the system until those materials are expelled.

8. A weekly report, indicating the time and date of each site inspection, shall be given to the City. This report shall be in a form acceptable to the Contract Administrator.

9. In addition to regular weekly testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.

10. All system malfunctions, damage and obstructions shall be recorded, reported to the City, and corrective action taken.

D. Irrigation Maintenance and Repairs – Irrigation system repairs is required for all areas to be maintained.

1. Contractor shall maintain all irrigation systems in such a way as to:
a. Guarantee proper coverage and full working capability. b. Make whatever adjustments may be necessary to prevent overspray or excessive runoff into street right-of-ways or other areas not meant to be irrigated.

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2. All irrigation system repairs shall be provided by the Contractor at no additional cost to the City, except for any parts required for such repairs upon prior City approval pursuant to Part One, Section K of these specifications.

3. Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system, including but not limited to, pressure pipes from the water meter to the control valves, all irrigation pipes, all manual and automatic valves, pumps used for the irrigation systems, backflow devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, anti-drain valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers.

4. Maintenance includes, but is not limited, tightening of loose fittings and packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters, strainers, and backflow devices; adjusting sprinkler heads, anti-drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters.

5. Irrigation repairs shall be made within the following time limits:
a. Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification.
b. All other irrigation repairs shall be made within one (1) day of identification or notification.
c. Failure to complete irrigation repairs in the timeframes listed above will result in the City utilizing City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead.

6. Replacement of irrigation components shall be with originally installed materials of the same size and quality. Substitutions must be approved by the City in writing prior to installation.

7. Contractor shall implement repairs in accordance with all effective warranties, and no separate payment shall be made for repairs on equipment covered by warranty.

8. The Contractor shall keep all irrigation heads clean of flow impediments and adjusted properly at all times.

9. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material.

10. Contractor shall restore any landscape areas disturbed by irrigation repair work back to their preexisting condition.

11. Damages to plant material due to the Contractor’s lack of performance in accordance with these specifications shall be the responsibility of the Contractor; dead or damaged plant material shall be replaced at the Contractor’s expense.

12. Damage to the irrigation system caused by conditions under which the Contractor has no control, shall be repaired by the Contractor at the City’s expense, if approved in advance by the City.

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13. At any time, the City may request a coverage test to evaluate proper settings, timing, usage, or maintenance of system.

14. The Contractor shall keep all controller enclosures free of debris and pests (slugs, ants, spiders, etc.) always. Any resultant damage due to the Contractor not meeting this specification will be the responsibility of the Contractor.

15. The Contractor shall be responsible for hand watering at no additional cost for any areas not provided with an automatic irrigation system. Contractor will also be required to hand water at no additional cost any landscape areas with a non-functioning irrigation system if it is the Contractor’s responsibility to maintain that system.

16. The Contractor may be required to hose off plant material monthly in areas where a drip system is used.

17. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system.

E. Water Conservation – The City utilizes a central irrigation system

1. Contractor shall monitor all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. Contractor shall notify the Contract Administrator any time irrigation systems are turned off.

2. Contractor shall comply with all City Ordinances and/or Resolutions which relate to water conservation.

F. Turf Grass Care

1. Turf Grass Mowing:
a. Contractors shall submit, in writing, a mowing schedule within ten (10) days after the start of the maintenance. This mowing schedule shall be approved by the City.

1. All turf areas shall be mowed once every week.

2. Any alteration of the approved mowing schedule shall be submitted in writing to the City for approval prior to implementation. b. Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades.
c. Unless otherwise directed by the City, cut cool season turf grass at two (2) inches by using rotary type mowers.
d. Unless otherwise directed by the City, mowing height for regular Bermuda grass and ryegrass shall be not less than three-fourths inch (3/4”). Mowing height may be set as high as one and one-half inch (1- 1/2”), with one inch (1”) being considered normal. Mowing height for hybrid Bermuda grass shall be no less than one-half inch (1/2”). Mowing height may be set as high as three-fourths inch (3/4”), with five-eighths inch (5/8”) being considered the normal for hybrid Bermuda grass.

Mowing heights may vary for special events and conditions.

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e. Avoid removing more than one-third of the leaf area blade at any one time.
f. All mower blades shall be sharpened or replaced at least twice a week.

The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.
g. All debris must be removed daily and disposed of legally off-site. h. Care shall be exercised during the mowing operation to prevent damage to trees and other obstacles located within the turf areas such as electrical boxes or fixtures.
i. Do not mow areas that are saturated with water. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas. If ruts are made, Contractor shall make all necessary repairs at the Contractor’s expense.
j. The City shall approve of all mowing equipment used by the Contractor. k. Small rotary push mowers will be required for parkways and other small areas.

2. Turf Grass Edging and Trimming:
a. Turf grass edging and trimming shall be performed once every week at the time of mowing.
b. Edging of turf grass shall be performed with a power edger containing a steel blade.
c. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line.
d. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.
e. Tree trunk protectors shall be provided and installed, at no additional cost to the City, when string trimmers are utilized for trimming around the base of trees. The City may allow a sixteen (16) inch diameter mulch ring around trees to eliminate continual string trimming. f. In areas where there is no mow curb, a six (6) inch barren strip shall be provided, and maintained, between turf grass and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
g. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.
h. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site. At no time shall the Contractor blow clippings into the planter areas.
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clippings from gutters into the turf grass. All clippings must be removed from site.

3. Turf Grass Fertilization:
a. The turf grass shall be fertilized monthly, or as directed by the Contract Administrator to provide a healthy and vigorously growing turf grass with horticulturally acceptable growth and color, as determined by the City. b. Fertilization shall be performed with a balanced fertilizer, consisting of a 4-1-2 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area. Confirm type of fertilizer to be used in advance with the City Contract Administrator; the type of turf and time of year will determine the type of fertilizer used.
c. Fertilizer shall be applied as often as required to always maintain deep green color. The frequency of application will greatly depend on the amount of leaching caused by excess use of water.
d. Contractor shall notify the City, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:

1. Location and exact date the fertilizer application will be performed.

2. Type of fertilizer and method of application to be used. e. Contractor shall immediately irrigate after each fertilizer application. f. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.

4. Turf Grass Aeration:
a. All turf areas shall be aerated by using a device that removes cores to a depth of two inches (2”) at not more than six inches (6”) spacing. b. All turf areas shall be aerified twice annually during the growing season from April to August.

5. Turf Grass Irrigation:
a. All turf grass shall be adequately irrigated to maintain a healthy and attractive appearance.
b. Irrigation run-off and overspray shall be minimized. c. A regular, deep watering program shall be implemented to give the best results.
d. Allow turf to dry out before mowing.

G. Annual Winter Rye Grass Over-Seeding

1. All turf areas may be selected for annual winter rye grass over-seeding by the City. The approximate acreage of turf areas to be maintained are identified in the Appendix. Contractor shall provide the quantity of Pure Live Seed necessary to over-seed all areas as specified. Over-seeding is usually done in the Fall beginning as early as September. The Contractor shall provide a schedule for annual over-seeding for City Facilities and Airport Zones.

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2. The Contractor shall provide additional staff and multiple crews, as may be necessary to ensure all regular landscape maintenance services continue concurrently with the annual over-seeding.

3. All schedule changes or modification must be pre-approved by the Contract Administrator.

4. All areas shall be scalped, vertically mowed and swept free of any loose grass clippings and debris. A maximum acceptable height of remaining turf after this operation is one-fourth inch (1/4”). Soil must be visible throughout the turf area to ensure positive soil contact with the seed.

5. Scalping hall be “smart scalping” and contractor shall provide proof of completing the online College of the Desert Landscaper course which covers this process. See www.collegeofthedesert.edu/pace

6. Debris generated or accumulated during the course of the renovation operations shall be removed from the landscape site and disposed of at an appropriate landfill or disposal site at Contractor’s expense. If stockpiling is necessary, pre-approval to do so must be obtained from the Contract Administrator and all material must be removed daily. Absolutely no debris shall be allowed to be left on site after scheduled daily work hours.

7. Irrigation in all areas that may have been damaged as a result of renovation practices must be repaired immediately prior to seeding with acceptable methods and materials at Contractor’s expense. Approval prior to seeding in any area shall be a consensus judgment between the Contractor and the City, if applicable.

8. Acceptable performance and turf renovation practices shall be at the sole judgment of the City. If adequate renovation is not performed within any turf area, Contractor may be required to redo any area, in whole or in part, to achieve the desired and intended result. This shall be done at the sole discretion of the City’s representative or authorized designee.

9. For overseeding purposes, all turf areas shall be fertilized with a “balanced” fertilizer blend with a minimum guaranteed analysis of fifteen percent (15%) nitrogen, fifteen percent (15%) phosphorus, and fifteen percent (15%) potassium at the time of overseeding. This fertilizer application shall be in addition to all other fertilization requirements as referred to in this document. Fertilization must occur prior to the initial irrigation on the seed.

Minimum rate: one (1) pound each of actual nitrogen, phosphorus and potassium per thousand square feet of area covered.

10. Seeding shall be done after renovation and prior to fertilization. Seeding must be done in two (2) perpendicular directions at half the recommended rate in each direction to ensure even coverage. After seeding and prior to fertilization, turf is to be mowed at one-fourth inch (1/4”), with grass stubble debris to remain in place for additional coverage.

11. Only Oregon-grown “Blue Tag Certified” seed shall be allowed. Seed must be a perennial ryegrass blend. A minimum of two (2) locally proven grass varieties and not more than three (3) varieties may be used in the blend.

The maximum allowable percentage of any single variety within the blend shall not exceed fifty percent (50%) of the entire blend.

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12. To compute seeding rates as required, the PLS method shall be used. This calculation is based upon determining viable seedlings by multiplying the germination percentage, as stated on the bag tag, by the percentage of pure seed, as stated on the bag tag, per individual seed lot.

13. Rates will vary depending upon the area of application. An approximate total acreage of each area shall be provided, although bids are to be based upon a per-acre basis.

14. General turf areas shall be seeded at twelve (12) pounds PLS per one thousand (1,000) square feet.

H. Weed Control

1. Weed control shall be provided at all sites, daily.

2. Chemical application may be used in and around certain sites, such as planters, areas adjacent to buildings, trees, fence lines, sprinkler heads, etc., as approved by the Contract Administrator. Prior to application of chemicals, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift to four inches (4”). Precautionary measures shall be employed since all areas will be open for public access during application.

3. Spot treat with a portable sprayer or wick wand using a herbicide approved by the Contract Administrator and applied in accordance with the manufacturer’s recommendations. Water shall not be applied to treated areas for the length of time specified by the product manufacturer.

4. Where trees and shrubs occur in turf areas, all grass growth may be limited to at least eighteen inches (18”) from the trunks of trees and away from the drip line of shrubs by use of approved chemicals upon approval to do so by the Contract Administrator.

5. Linear chemical edging of turf boundaries may be performed in a manner that ensures a defined turf edge and limits its encroachment into beds or across boundaries where it is impractical to edge mechanically. A four-inch (4”) barrier width shall be considered normal.

6. Detailing of sprinkler heads to provide maximum water coverage, valve boxes, meter boxes, and similar obstacles in turf areas may be performed in a manner that ensures operability, ease of location and/or a clean appearance. A four-inch (4”-) clearance shall be considered normal.

7. All grass like-type weeds, morning glory or vine-weed types, ragweed or other underground spreading weeds shall be kept until strict control.

8. All weeds and grass shall be removed from the following areas: roadways, driveways, parking lots, patios, drainage areas, slopes, hillsides, and expansion joints in all hard-surface areas.

9. All weeds shall be mechanically removed from shrub beds, planters and other cultivated areas.

10. Weeds treated with a contact weed chemical shall be left in place for a minimum of seven (7) days. If kill is not complete, additional applications shall be made, at no additional cost to the City, until target species are eliminated. All turf and landscape areas are to be treated annually with a Item 1H - Page 34
Revised 4.13.23 Page 31 of 86
systemic pre-emergent granular weed control agent for the control of both broadleaf and grassy weeds. This application shall be included in the base price for the Contract. The material to be used and the application method proposed shall be approved by the Contract Administrator prior to application.

11. Weeds treated using a systemic chemical shall be left in place in accordance with the manufacturer’s recommendation. The initial application of pre-emergent herbicides typically occurs in the early spring months from February to April each year. If kill is not complete by the time specified in the manufacturer’s recommendation, a second application, at no additional cost to the City, shall be made at the request of the Contract Administrator.

12. After complete kill, all dead weeds shall be removed from the area.

I. Shrub Care

1. Pruning of Shrubs:
a. Shrubs shall be pruned once per month, or as required for removal of broken, dead and diseased branches, general containment, and appearance.
b. All shrubbery shall be pruned, trimmed, thinned, and suckers removed to properly contain its size with respect to species, size of planters and the best health of the plant.
c. Prune shrubs to retain as much of the natural informal appearance as possible, consistent with intended use.
d. Shrubs used as formal hedges or screens shall be pruned as required to present a neat appearance.
e. Remove any spent blossoms or dead flower stalks as required to present a neat appearance.
f. Shrubs and mounding shall not exceed 2 feet in height within areas required for vehicle sight distance depending upon roadway topography (i.e. medians and street corners).
g. Shrubs shall be pruned and trimmed using sound horticultural techniques.
h. Shrubs shall be maintained within the limits of confined areas (i.e., narrow medians, walkways, etc.) so as not to encroach on same. i. Shrubs shall be trimmed to maintain horizontal clearance along all walkways and trails to prevent encroachment onto private property.

2. Shrub Fertilization:
a. Shrubs shall be fertilized once a year to maintain horticulturally acceptable health and color.
b. Foliar fertilization may be performed when appropriate. c. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet. Any change in the fertilizer ratio and/or rate shall be submitted in writing and approved by the City prior to usage.

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3. Irrigation of Shrubs:
a. All shrubs shall be adequately irrigated to maintain a healthy and attractive appearance.
b. Irrigation run-off and overspray shall be minimized.

4. Shrub Replacement:
a. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species of plant and size of plant will be determined by the Department. Contractor shall be responsible for the complete removal and replacement of shrubs lost due to the Contractor’s faulty maintenance or negligence, as determined by the City.
b. All dead Shrubs must be replaced within one month.
c. Substitutions for any plant materials must have prior written approval by the City.
d. Original plans and specifications shall be consulted to determine correct identification of species.
e. All shrubs shall be guaranteed to live and remain in a healthy condition for no less than six (6) months from the date of installation, inspection and verification by the City.
f. Care shall be taken to prevent soil build-up around the crown of shrubs.

J. Vine Care

1. Vines and espalier plants shall be checked and retied as required. Secure vines with appropriate ties to promote directional growth on supports.

2. Do not use nails to secure vines on masonry walls.

3. Pruning of vines will be in accordance with good horticulture practices.

4. Vines shall be trimmed as required for safety, disease, general containment or appearance, or as directed by the Contract Administrator.

5. All vines planted on walls shall be trimmed and maintained 18” from the top of the wall. This distance may be modified at the discretion of the Contract Administrator.

6. Vine Irrigation:
a. All vines shall be irrigated to maintain a healthy and attractive appearance.
b. Where possible the vine irrigation shall be on a separate program from turf grass.
c. Existing vines planted in pockets not provided with sprinklers shall be deep watered as needed to promote optimum growth.

K. Ground Cover Care

1. Ground covers are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants give a flat or twoItem 1H - Page 36 Revised 4.13.23 Page 33 of 86
dimensional effect to the landscape, such as, but not limited to arctotheca, gazania, vinca, lonicera, ivy, trachelosperum, and varieties of iceplant.

2. Edging and Trimming of Ground Cover:
a. Edging of ground cover areas shall be performed every other month. b. All ground cover adjacent to sidewalks, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line. c. All ground cover shall be continually trimmed at the drip line of all shrubs.
d. Keep ground cover trimmed back from all utility cabinets, irrigation controller units, valve boxes, quick couplers, or any other appurtenances or fixtures.
e. Do not allow ground cover to grow up the trunks of trees, into shrubs, on structures or walls unless directed by the Contract Administrator. f. Keep ground cover trimmed back approximately 4 inches from structures, walls, etc.
g. Coordinate trimming around base of shrubs/trees with the Contract Administrator.
h. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.
i. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.
j. After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters.
k. Weeds hall be controlled and not allowed to reach two inches (2”) in height. Remove weeds by chemical or mechanical means as approved by the Contract Administrator.

3. Ground Cover Irrigation: All ground cover areas shall be adequately irrigated to maintain a healthy and attractive appearance. Irrigation run-off and overspray shall be minimized.

4. Ground Cover Fertilization:
a. The ground cover shall be fertilized one (1) time per year to provide a healthy and vigorously growing ground cover with horticulturally acceptable growth and appearance, as determined by the City. b. Fertilizing shall be performed with a balanced fertilizer, consisting of a 1-1-1 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet.
c. Contractor shall immediately irrigate after each fertilizer application. d. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.

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Revised 4.13.23 Page 34 of 86
e. Contractor shall notify the City, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:

1. Location and exact date the fertilizer application will be performed.

2. Type of fertilizer and method of application to be used.

L. Disease and Pest Control

1. Contractor shall monitor and provide disease and pest control on a weekly basis, as follows:
a. Contractor shall practice Integrated Pest Management. This shall involve common-sense practices that use environmentally acceptable methods of pest control with the least possible hazard to the public, City property, and the environment. Practices shall combine the use of current information on pest life cycles, exclusion, natural enemies, and host resistance.
b. Contractor shall provide complete control of all plant pests and/ or diseases.
c. The Contractor shall obtain all necessary licenses and permits to comply with City, County, State and Federal regulations or laws. d. Contractor will assume responsibility and liability for the use of all chemical controls.
e. Pest and disease shall include, but shall not be limited to all insects, mites, other vertebrates, and invertebrates including pocket gophers and squirrels, pathogens and nematodes.
f. All material use shall be in strict accordance and applied within the most current EPA regulations and the California Food and Agricultural Code. g. All areas of the landscape shall be inspected for infestations of pests such as ants, insects, mites, snails, and sow bugs. Plants shall be observed closely for leaves that may be blotched, blighted, deformed, mildewed, rusted, scorched, discolored, defoliated, or wilted. h. Contractor shall identify the cause of plant injury and consult a Pest Control Advisor before application of chemical treatments. i. Cultural preventive methods shall begin before a pest is visible. At certain times of the year, and with certain environmental conditions, the presence of certain pests can be anticipated. New plant growth shall be monitored for the presence of aphids, leaf hoppers, scale, mealy bugs, and mites. A 10-power magnifying glass is helpful for identifying mites.

Evidence of ant activity may be seen in soil, along walks, and trunks of shrubs and trees.
j. Adult beetles shall be controlled before they lay eggs on bark in the spring. Ongoing inspections are necessary to determine if there is a summer brood.
k. Snails shall be controlled before becoming epidemic. They can be anticipated as a menace from spring until the advent of high temperatures.

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Revised 4.13.23 Page 35 of 86
l. Contractor shall prevent the spread of disease by keeping all cutting edges sterile by dipping in an alcohol or bleach solution after each cut. m. Weeds must be removed upon appearance. Selective post-emergent herbicides shall be used to kill weeds without permanent injury to other plants.
n. Broadleaf weeds in turf shall be removed selectively, without injury to the lawn grass other than slight, temporary discoloration. o. Grass weeds in lawns shall be controlled with selective post-emergent herbicides.
p. Creeping grasses shall be kept out of shrubs and groundcovers. q. Weeds not killed with herbicides shall be removed manually. Turf and other desirable plants killed by weeds, chemicals, etc., shall be replaced at the Contractor’s expense. All replacements must be made within 7 calendar days after receiving notice from the City.
r. Contractor shall be responsible for controlling weeds in the cracks and expansion joints of hardscape areas that are contiguous to maintained areas. Weed control in hardscape includes, but is not limited to, curb and gutter areas, sidewalks, sport courts, trails, parking lots, etc.

2. Application
a. City shall be notified prior to the application of pesticides and other chemicals. Pesticide applications shall be recorded on the Maintenance Schedule and coordinated with the Contract Administrator. Material Use Reports for all pesticides shall be filed with the City no later than the 10th day of every month for the preceding month.
b. Pesticides shall be applied at times which limit the possibility of contamination from climatic or other factors. Early morning application shall be used when possible, to avoid contamination from drift.

Applicator shall monitor forecast weather conditions to avoid applications prior to inclement weather, to eliminate potential runoff in treated areas.
c. Irrigation water applied after treatment shall be reduced to eliminate runoff. When water is required to increase pesticide efficiency, it shall be applied only in quantities of which the area is capable of absorbing without excessive runoff.
d. Care shall be taken in transferring and mixing pesticides to prevent contaminating areas outside the target area. Application methods shall be used which ensure that materials are confined to the target area.

Spray tanks containing leftover materials shall not be drained on the site. Disposal of pesticides and tank rinsing materials shall be within the guidelines established in the State of California Food and Agricultural Code or EPA regulations.
e. Spray equipment shall be in good operating condition, quality, and design to efficiently apply materials to the target area. Spray drift from pesticide applications shall be minimized.

Item 1H - Page 39
Revised 4.13.23 Page 36 of 86
f. Wherever a specific type of material is specified, no substitutions shall be allowed without the written consent of the Contract Administrator. g. There shall be no application of a pesticide without written permission from the City.
h. There shall be no pesticides sprayed in the Monarch Butterfly Waystation located at the Animal Shelter.

3. Certification of Materials:
a. All materials shall be transported to the site in original containers.

Materials shall be subject to inspection by the Contract Administrator. b. The State of California Agricultural Code requires that pesticides and/or chemicals may be used only after a written recommendation by a State of California Licensed Pest Control Advisor is obtained, with a copy forwarded to the Contract Administrator prior to chemical usage. These recommendations shall be updated on a yearly basis. A
recommendation consists of all the information the applicator should know for accurate and safe usage. The recommendation must be time and site specific.
c. If a Restricted Use Pesticide is recommended, a use permit issued by the County of San Bernardino Agricultural Commissioner must be provided to the City.
d. All pesticides shall be applied only by an operator possessing a California state issued Qualified Applicator’s License or a Qualified Applicator’s Certificate.

M. Green Waste Disposal

1. Green waste shall be defined as tree and shrubbery trimmings, grass, weeds, leaves, woodchips and other garden organic materials.

2. Contractor shall be responsible for recycling all green waste generated from their contract performance.

3. Contractor shall have the duty to keep all green waste from being contaminated to an extent it no longer can be recycled.

4. Contractor shall deliver all green waste to a city approved reclamation site, for the purposes of recycling. Approved reclamation sites are:

5. Contractor shall submit a monthly report identifying the weight and/or volume of green waste recycled during the preceding month. Payment of maintenance invoice will not be made until green waste monthly report is completed and received by the City.

6. All debris resulting from any of the Contractor’s operations shall be removed and disposed of legally at the Contractor’s expense. No debris will be allowed to remain at the end of the workday. (Failure to remove and dispose of debris shall result in a liquidated damages charge of $100 to be deducted from the Contractor’s payment.)

7. All debris must be separated into green waste, recyclables, and other waste to minimize contamination and be disposed of in the appropriate locations. (Failure to separate and dispose of debris appropriately shall result in a Item 1H - Page 40
Revised 4.13.23 Page 37 of 86
liquidated damages charge of $100 to be deducted from the Contractor’s payment.)
N. General Clean-up

1. Litter / Debris Removal. All areas in the work sites shall be kept free of, but not limited to, the following items: bottles, glass, cans, paper, cardboard, metallic items, and other debris. In addition, dog feces are also to be removed from the walkways, turf or ground cover areas. Contractor shall promptly remove from the work area, all debris generated by their performance.

2. Policing of Areas. The Contractor shall ensure the maintained areas of all City Facilities are policed and have trash removed by 9:00 AM daily.

3. Curb and Gutter Maintenance. The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area. The Contractor is responsible to ensure the roadway is cleared of all dirt and debris within four (4) feet of the curb and gutter in all areas adjacent to maintenance responsibilities.

4. Walkway Maintenance. Walkways shall be cleaned immediately following mowing and edging and cleaned by use of power sweeping or blower equipment as per the schedule. This includes removal of all foreign objects from surfaces such as gum, glass, dog feces, and grease. All walkway cracks and expansion joints shall be always maintained weed and grass free. NOTE: THE CITY HAS PROHIBITED THE USE OF GASOLINE LEAF

BLOWERS, THE CONTRACTOR SHALL ONLY USE ELECTRIC AND
BATTERY POWERED LEAF BLOWERS.

5. Drain Maintenance. All drains and catch basins shall be always kept free of siltation and debris. All v-ditches and drainage areas shall be kept clean and edged regularly by the Contractor.

6. Removal of Leaves. Accumulation of leaves shall be removed as required.

7. Removal of Damaged Plant Material. All dead, damaged, declining, hazardous or broken plant material (Trees, shrubs, vines, ground cover, turf), whether a result of the Contractor negligence or an Act of God shall be removed by the Contractor at no additional cost to the City.

8. All trash, litter and debris shall be removed and disposed of daily and as requested by the Contract Administrator. The City provides on-site dumpster enclosures at some, but not all of the City’s Facilities for this purpose.

9. Contractor shall be responsible for the upkeep and cleanliness of the City’s onsite trash enclosures. This includes removal and disposal of illegally dumped debris inside of and around the exterior of the enclosures whenever scheduled services are provided, and when requested by the Contract Administrator. Any hazardous materials found in the trash enclosures must be left in place and reported immediately to the Contract Administrator.

10. Trash cans shall be emptied, and liners replaced daily. Trash cans shall be cleaned inside and out at least twice per week. All lids and City logos must be wiped clean at time of services or as requested by the Contract Item 1H - Page 41
Revised 4.13.23 Page 38 of 86
Administrator. The City reserves the right to relocate, add or delete trash cans within the various City facilities, at its discretion, and the Contractor shall adjust its services accordingly.

11. Trash can liners shall be replaced at the time of service. Contractor shall provide liners at the Contractor’s expense. Liner size shall be no smaller than 36” by 58”. Liner thickness shall be no less than 1.5 mil.

12. All sidewalks, trails, pathways, and hardscape areas contiguous to City landscape areas shall be swept, cleaned or hosed down daily, if necessary, to remove glass, sand/dirt, leaves, pine needles or any other debris that is hazardous to foot traffic or the intended use of the area.

O. Lighting Inspection

1. All security lighting and monument lighting systems shall be inspected for vandalism, safety hazards, and serviceability on a monthly basis.

Deficiencies shall be reported in writing immediately to the Contract Administrator.

P. Drinking Fountain Maintenance

1. All drinking fountains shall be inspected weekly and always kept clean and operational.

2. Every instance of damage, leaks, non-operation, etc., shall be reported to the Contract Administrator.

Q. Graffiti Removal

1. Contractor shall monitor daily for graffiti and promptly remove all graffiti as directed by the City. Graffiti eradication and control shall include all surfaces within each designated maintenance area and may include, but not be limited to, the following areas:

2. All materials and processes used in graffiti eradication shall be not injure surfaces or adjacent property and be approved by CAL-OSHA.

3. Appropriate surface preparation shall be made on painted walls and paint applied shall be the exact shade of color as existing paint, unless otherwise specifically approved by the Contract Administrator.

4. Contractor shall use special care and attention when removing graffiti from treated or sealed surfaces. Such surfaces shall not be painted unless instructed to do so. Contractor shall use materials and methods of application as provided and approved by the Contract Administrator.

5. Contractor shall not be required to sandblast walls or walkways but may be required to pressure wash surfaces.

6. Contractor shall immediately always remove all graffiti during the days and hours of operation when observed or within 24 hours when notified by the Contract Administrator

1.3 Schedule:

A. Contractor shall begin work and shall proceed with all reasonable dispatch to completion. The Contractor will be required to maintain all areas in accordance with the contract documents. Work must be completed in consecutive days.

Item 1H - Page 42
Revised 4.13.23 Page 39 of 86
Inclement weather may result in the cancellation of certain landscape maintenance services only if the City Contract Manager or designee determines that there was insufficient time available for the services described to be performed.

B. The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 AM and 3:30 PM, daily (or as otherwise required), for the Fall/Spring months (November through April), and between the hours of 6:00 AM and 2:30 PM, daily (or as otherwise required), for the Summer/Fall months (May through October). Exceptions may be made to normal working hours, where incidences of use may be too great during the hours specified to allow for proper maintenance. The City may grant, on an individual basis, permission to perform contract maintenance at other hours. No maintenance functions that generate excess noise which would cause annoyance to residents of any area shall be commenced before 8:00 AM. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract.

C. The Contractor shall submit a weekly detailed job schedule, time sheet, names and titles of all persons working on the project within ten (10) days after the start of the maintenance contract. Materials and/or chemicals to be used on any site shall be approved by the City or his representative. The City shall be notified within five (5) working days of any deviation from this schedule or material usage.

D. The Contractor shall maintain and keep current a report form that records all on-going, seasonal, and additional work maintenance functions performed daily by the Contractor’s personnel. Said report shall be in a form and content acceptable to the City and shall be submitted to the City upon request.

E. The City has the authority to cancel scheduled mowing cycles on a week to week basis. The cancellation will be based upon need and prevailing weather conditions.

1.4 Compensation:

Work will be compensated on a monthly basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month if a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. Contractor to provide to the Director of Maintenance and Facilities detailed invoices to outline work done/completed.

Item 1H - Page 43
Revised 4.13.23 Page 40 of 86
Appendix “A”
City Facility Information
Animal Shelter
Location: 4575 E. Mesquite Avenue
Total Area: 3.2 acres
Landscaped Area: 1.6 acres (including turf)
Turf Area: 0.1 acres
Trees: 42
Note: The Animal Shelter is irrigated with reclaimed water – requires appropriately certified Recycled Water Supervisor and compliance with state regulations on use of reclaimed water.

Note: The Monarch Butterfly Waystation is highlighted above.

Item 1H - Page 44
Revised 4.13.23 Page 41 of 86
City Corporate Yard
Location: 425 N. Civic Drive
Total Area: 12.3 acres
Landscaped Area: 1.9 acres
Includes:

Julian Dr. east parkway
Alejo Rd. south parkway
Civic Dr. west parkway
Turf Area: 0
Trees: 92
Item 1H - Page 45
Revised 4.13.23 Page 42 of 86
City Hall
Location: 3200 E. Tahquitz Canyon Way
Total Area: 6.5 acres
Landscaped Area: 2.0 acres (including turf)
Turf Area: 1.1 acres
Trees: 154
Item 1H - Page 46
Revised 4.13.23 Page 43 of 86
Demuth Community Center
Location: 3601 E. Mesquite Avenue
Total Area: 1.8 acres
Landscaped Area: 1.4 acres (including turf)
Turf Area: 0.3 acres
Trees: 73
Item 1H - Page 47
Revised 4.13.23 Page 44 of 86
Coachella Valley Economic Partnership (CVEP) Building
Location: 3111 E. Tahquitz Canyon Way
Total Area: 2.6 acres
(Includes two landscape parkway areas on west side of Civic Dr. as identified) Landscaped Area: 0.9 acres (including turf)
Turf Area: 0.6 acres
Trees: unknown
Item 1H - Page 48
Revised 4.13.23 Page 45 of 86
Fire Station #1 & Henry Frank Arcade Parking Lot
Location: 277 N. Indian Canyon Drive
Total Area: 1.3 acres
Landscaped Area: 0.9 acres
Turf Area: 0
Trees: unknown
Item 1H - Page 49
Revised 4.13.23 Page 46 of 86
Fire Station #2
Location: 300 N. El Cielo Road
Total Area: 1.6 acres
Landscaped Area: 0.3 acres
Turf Area: 0 acres
Trees: 23
Item 1H - Page 50
f '
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- - - - -
'•
Revised 4.13.23 Page 47 of 86
Fire Station #3
Location: 590 E. Racquet Club Road
Total Area: 0.4 acres
Landscaped Area: 0.1 acres
Turf Area: 0 acres
Trees: 14
Item 1H - Page 51
Revised 4.13.23 Page 48 of 86
Fire Station #4
Location: 1300 S. La Verne Way
Total Area: 0.8 acres
Landscaped Area: 0.5 acres
Turf Area: 0 acres
Trees: 18
Item 1H - Page 52
Revised 4.13.23 Page 49 of 86
Fire Station #5
Location: 5800 Bolero Road
Total Area: 0.7 acres
Landscaped Area: 0.5 acres (including turf)
Turf Area: 0.4 acres
Trees: 14
Item 1H - Page 53
Revised 4.13.23 Page 50 of 86
Fire Training Facility
Location: 3000 E. Alejo Road
Total Area: 0.5 acres
Landscaped Area: 0.3 acres
(Includes Alejo Road parkway)
Turf Area: 0 acres
Trees: 7
Item 1H - Page 54
Revised 4.13.23 Page 51 of 86
Household Hazardous Waste Disposal Facility
Location: 1100 S. Vella Road
Total Area: 1.2 acres
Landscaped Area: 0.9 acres
Turf Area: 0 acres
Trees: 15
Item 1H - Page 55
Revised 4.13.23 Page 52 of 86
Palm Springs Train Station
Location: N. Indian Canyon Drive at UPRR
Total Area: 3.7 acres
Landscaped Area: 1.3 acres
Turf Area: 0 acres
Trees: Unknown
Item 1H - Page 56
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Revised 4.13.23 Page 53 of 86
Palm Springs Visitor’s Center
Location: 2901 N. Palm Canyon Drive
Total Area: 2.1 acres (includes Palm Springs Entry Sign and Tram Way medians)
Landscaped Area: 1.5 acres (including turf)
Turf Area: 0.1 acres
Trees: 42
Item 1H - Page 57
,.
··•
Revised 4.13.23 Page 54 of 86
Police Department
Location: 200 S. Civic Drive
Total Area: 3.9 acres
Landscaped Area: 0.9 acres (including turf)
Turf Area: 0.5 acres
Trees: 174
Item 1H - Page 58
Revised 4.13.23 Page 55 of 86
Police Department Equestrian Center
Location: 490 N. Civic Drive
Total Area: 0.1 acres (includes only the Alejo Road and Civic Drive parkways) Landscaped Area: 0.1 acres
Turf Area: 0 acres
Trees: 21
Item 1H - Page 59
Revised 4.13.23 Page 56 of 86
Appendix “B”
Palm Springs International Airport Information
Zone 1A – Airport Property
Location: Main Parking Lots, Rental Car Lot, Loop Road (Excluding Main Fountain / Entry) Total Area: 995,200 square feet
Turf Area: 91,055 square feet
Hardscape: 832,964 square feet
Desert Scape: 71,181 square feet
Native: 0 square feet
Item 1H - Page 60
Revised 4.13.23 Page 57 of 86
Zone 1B – Airport Property
Location: Kirk Douglas Way Parkway and Commercial Truck Entrance Total Area: 441,300 square feet
Turf Area: 20,776 square feet
Hardscape: 71,012 square feet
Desert Scape: 446,898 square feet
Native: 302,614 square feet
Item 1H - Page 61
Revised 4.13.23 Page 58 of 86
Zone 2 – Airport Property
Location: South El Cielo Drive Parkway
Total Area: 111,900 square feet
Turf Area: 76,928 square feet
Hardscape: 30,813 square feet
Desert Scape: 4,159 square feet
Native: 0 square feet
Item 1H - Page 62
Revised 4.13.23 Page 59 of 86
Zone 3 – Airport Property
Location: Employee Lot, Cell Lot, and Overflow Parking Lot Total Area: 815,500 square feet
Turf Area: 19,183 square feet
Hardscape: 415,679 square feet
Desert Scape: 375,811 square feet
Native: 4,827 square feet
Item 1H - Page 63
Revised 4.13.23 Page 60 of 86
Zone 4 – Airport Property
Location: General Taxi Cab Lot & CNG Fuel Station
Total Area: 232,900 square feet
Turf Area: 40,607 square feet
Hardscape: 116,688 square feet
Desert Scape: 75,605 square feet
Native: 0 square feet
Item 1H - Page 64
Revised 4.13.23 Page 61 of 86
Zone 5 – Airport Property
Location: main Entry “Diamond”
Total Area: 16,146 square feet
Turf Area: 0 square feet
Hardscape: 4,082 square feet
Desert Scape: 12,063 square feet
Native: 0 square feet
Item 1H - Page 65
Revised 4.13.23 Page 62 of 86
Zone 6 – Airport Property
Location: Main Entry Fountain
Total Area: 25,000 square feet
Turf Area: 11,103 square feet
Hardscape: 8,121 square feet
Desert Scape: 5,776 square feet
Native: 0 square feet
Item 1H - Page 66
Revised 4.13.23 Page 63 of 86
Zone 7 – Airport Property
Location: Kirk Douglas Way Landscaped Median
Total Area: 351,200 square feet
Turf Area: 30,904 square feet
Hardscape: 240,285 square feet
Desert Scape: 80,011 square feet
Native: 0 square feet
Item 1H - Page 67
: •. ·' ;•-. ,:·
Revised 4.13.23 Page 64 of 86
Zone 8 – Airport Property
Location: Ramon Road North Parkway
Total Area: 129,800 square feet
Turf Area: 55,269 square feet
Hardscape: 20,701 square feet
Desert Scape: 53,830 square feet
Native: 0 square feet
Item 1H - Page 68
Revised 4.13.23 Page 65 of 86
Zone 9 – Airport Property
Location: Aviation Road Landscape Parkways
Total Area: 12,500 square feet
Turf Area: 6,100 square feet
Hardscape: 1,000 square feet
Desert Scape: 5,400 square feet
Native: 0 square feet
Item 1H - Page 69
Revised 4.13.23 Page 66 of 86
Zone 10 – Airport Property
Location: Alejo Road Parkways
Total Area: 14,300 square feet
Turf Area: 0 square feet
Hardscape: 1,230 square feet
Desert Scape: 8,316 square feet
Native: 4,754 square feet
Item 1H - Page 70
Revised 4.13.23 Page 67 of 86
Zone 11 – Airport Property
Location: Cerritos Drive Parkway
Total Area: 7,200 square feet
Turf Area: 0 square feet
Hardscape: 0 square feet
Desert Scape: 0 square feet
Native: 7,200 square feet
Item 1H - Page 71
. • ,
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• ~ ...

Revised 4.13.23 Page 68 of 86
Zone 12 – Airport Property
Location: West Vista Chino Parkway
Total Area: 19,800 square feet
Turf Area: 0 square feet
Hardscape: 4,950 square feet
Desert Scape: 14,850 square feet
Native: 0 square feet
Item 1H - Page 72
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Revised 4.13.23 Page 69 of 86
Zone 13 – Airport Property
Location: East Vista Chino Parkway
Total Area: 31,400 square feet
Turf Area: 5,000 square feet
Hardscape: 9,900 square feet
Desert Scape: 16,500 square feet
Native: 0 square feet
Item 1H - Page 73
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Revised 4.13.23 Page 70 of 86
Zone 14 – Airport Property
Location: North El Cielo Road Parkway
Total Area: 12,300 square feet
Turf Area: 0 square feet
Hardscape: 0 square feet
Desert Scape: 12,300 square feet
Native: 0 square feet
Item 1H - Page 74
Revised 4.13.23 Page 71 of 86
Zone 15 – Airport Property
Location: Vella Road Parcel Maintenance
Total Area: 109,000 square feet
Turf Area: 0 square feet
Hardscape: 0 square feet
Desert Scape: 0 square feet
Native: 109,000 square feet
Item 1H - Page 75
Revised 4.13.23 Page 72 of 86
Zone 16 – Airport Property
Location: Calle de Ricardo Parcel Maintenance
Total Area: 50,000 square feet
Turf Area: 0 square feet
Hardscape: 0 square feet
Desert Scape: 0 square feet
Native: 50,000 square feet
Item 1H - Page 76
Revised 4.13.23 Page 73 of 86
Zone 17 – Airport Property
Location: Boxing Club Property
Total Area: 29,500 square feet
Turf Area: 0 square feet
Hardscape: 22,550 square feet
Desert Scape: 6,950 square feet
Native: 0 square feet
Item 1H - Page 77
Revised 4.13.23 Page 74 of 86
Zone 18 – Airport Property
Location: Sharon Road Parcel Maintenance
Total Area: 100,000 square feet
Turf Area: 0 square feet
Hardscape: 0 square feet
Desert Scape: 0 square feet
Native: 100,000 square feet
Item 1H - Page 78
Revised 4.13.23 Page 75 of 86
Appendix “C”
Landscape & Grounds Maintenance Service Frequencies
CITY

FACILITIES -

LANDSCAPE
& GROUNDS
MAINT.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
Animal
Shelter
x x x x x x x x x x x x x x x x x x x x
City
Corporate
Yard
x x x x x x x x x x x x x x x x x x x x
City Hall x x x x x x x x x x x x x x x x x x x x
Demuth
Community
Center
x x x x x x x x x x x x x x x x x x x x
CVEP
Building
x x x x x x x x x x x x x x x x x
Fire Station
#1 & Henry
Frank
Arcade Lot
x x x x x x x x x x x x x x x x x
Fire Station
#2
x x x x x x x x x x x x x
Fire Station
#3
x x x x x x x x x x x x x x x
Fire Station
#4
x x x x x x x x x x x x x x x
Fire Station
#5
x x x x x x x x x x x x x x x x x x x x
Fire Training
Facility
x x x x x x x x x x x x x x x
Household
Hazardous
Waste
Disposal
Facility
x x x x x x x x x x x x x x x
Palm
Springs
Train
Station
x x x x x x x x x x x x x x x
Palm
Springs
Visitor's
Center
x x x x x x x x x x x x x x x x x x x x
Police
Department
x x x x x x x x x x x x x x x x x x x x
Police
Department
Equestrian
Center
x x x x x x x x x x x x
Item 1H - Page 79
Revised 4.13.23 Page 76 of 86
CITY FACILITIES – LANDSCAPE & GROUNDS MAINT.

Task No. Description of
Task
Frequency Task No. Description of
Task
Frequency
1 Mowing D 11 Aerification I
2 Mechanical Edging D (turf) / G (other) 12 watering and irrigation
maintenance
B
3 Weed Control B 13 Irrigation system
testing
D
4 litter control A 14 Fertilization F (turf) / J (shrubs) 5 Trash containers A 15 Cultivation (planters)
/ Cultivation (sand
areas)
B / F
6 Trash bin removal B 16 renovation/vertical
mowing
J
7 Raking A 17 turf re-seeding J
8 Pruning, hedge
trimming
F 18 disease / pest
control
D
9 sweeping walkways B 19 plant materials VARIOUS
10 Graffiti eradication B 20 locks and keys J
CITY FACILITIES – LANDSCAPE & GROUNDS MAINT.

LEGEND Frequency
A Completed daily before 9:00am
B Completed daily before close of business
C Completed daily before close of business M - F
D Completed weekly before close of business on Fri
E Completed bi-weekly or 2x a month
F Completed monthly or 12 times a year
G Completed bi-monthly or six times a year
H Completed quarterly or four times a year
I Completed bi-annually or two times a year
J Completed annually
Item 1H - Page 80
Revised 4.13.23 Page 77 of 86
AIRPORT ZONES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Maint Parking Lots, Rental Car Lot, Loop
Road (Excluding Main Fountain /Entry)
x x x x x x x x x x x x x x x x x x
Kirk Douglas Way Parkway and
Commercial Truck Entrance
x x x x x x x x x x x x x x x x x x
South El Cielo Drive Parkway x x x x x x x x x x x x x x x x x x Employee Lot, Cell Lot, and Overflow
Parking Lot
x x x x x x x x x x x x x x x x x x
General Taxi Cab Lot & CNG Fuel Station x x x x x x x x x x x x x x x x x x Main Entry "Diamond" x x x x x x x x x x x x x x x x x
Main Entry Fountain x x x x x x x x x x x x x x x x x x Kirk Douglas Way Landscaped Median x x x x x x x x x x x x x x x x x x Ramon Road North Parkway x x x x x x x x x x x x x x x x x x Aviation Road Landscape Parkways x x x x x x x x x x x x x x x x x x Alejo Road Parkways x x x x x x x x x x x x
Cerritos Drive Parkway x x x x x
West Vista Chino Parkway x x x x x x x x x x x x x
East Vista Chino Parkway x x x x x x x x x x x x x x x x x x North El Cielo Road Parkway x x x x x x x
Vella Road Parcel Maintenance x x x
Calle de Ricardo Parcel Maintenance x x x
Boxing Club Property x x x x x x x x x x x x x
Sharon Road Parcel Maintenance x x x
Item 1H - Page 81
Revised 4.13.23 Page 78 of 86

AIRPORT ZONES
Task No. Description of Task Frequency Task
No.

Description of Task Frequency
1 Mowing D 10 watering and irrigation
maintenance
B
2 Mechanical Edging D (turf) / G (other) 11 Irrigation system testing I 3 Weed Control B 12 Fertilization F (turf) / J
(shrubs)
4 litter control A 13 Cultivation (planters) B
5 Raking A 14 renovation/vertical mowing J
6 Pruning, hedge trimming B 15 turf re-seeding J
7 sweeping walkways A 16 disease / pest control D
8 Graffiti eradication F 17 plant materials VARIOUS
9 Aerification B 18 locks and keys J

AIRPORT ZONES
LEGEND Frequency
A Completed daily before 9:00am
B Completed daily before close of business
C Completed daily before close of business M - F
D Completed weekly before close of business on Fri
E Completed bi-weekly or 2x a month
F Completed monthly or 12 times a year
G Completed bi-monthly or six times a year
H Completed quarterly or four times a year
I Completed bi-annually or two times a year
J Completed annually
Item 1H - Page 82
Revised 4.13.23 Page 79 of 86
Item 1H - Page 83
ATTACHMENT G - REVISED PER ADDENDUM NO. 1

BID FORM
INVITATION FOR BIDS (IFB 23-28)

LANDSCAPE AND GROUNDS MAINTENANCE SERVICES
Responding to this IFB for landscape and grounds maintenance services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

For the initial three years of the Agreement term, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the Riverside/San Bemadino/Ontario region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.

ITEM DESCRIPTION UNIT ESTIMATED

UNIT PRICE SUBTOTAL

QUANTITY
1 Animal Shelter Monthly 36 s 3,000.00 s 108,000.00
2 City Corporat e Yard Monthly 36 s 3,000.00 s 108,000.00 3 City Hall Monthly 36 s 3,030.00 s 109,080.00
4 Demuth Community Center Monthly 36 s 2,000.00 s 72,000.00 5 CVEP Building Monthly 36 s 3,000.00 s 108,000.00
6 Fire Station #1 and Henry Frank Arcade lot Monthly 36 s 400.00 s 14,400.00 7 Fire Station #2 Monthly 36 s 400.00 s 14,400.00
8 Fire Station #3 Monthly 36 s 400.00 s 14,400.00
9 Fire Station #4 Monthly 36 s 400.00 s 14,400.00
10 Fire Station #5 Monthly 36 s 400.00 s 14,400.00
11 Fire Training Facility Monthly 36 s 500.00 s 18,000.00 12 Household Hazardous Waste Disposal Facility Monthly 36 s 600.00 s 21,600.00 13 Palm Springs Train Station Monthly 36 s 800.00 s 28,800.00 14 Palm Springs Visitor's Center Monthly 36 s 1,000.00 s 36,000.00 15 Police Department Monthly 36 s 1,800.00 s 64,800.00
16 Police Department Equestrian Center Monthly 36 s 35-0.00 s 12,600.00 17 ZONE l A Monthly 36 s 2,300.00 s 82,800.00
18 ZONE l B Monthly 36 s 1,200.00 s 43,200.00
19 ZONE2 Monthly 36 s 500.00 s 18,000.00
20 ZONE3 Monthly 36 s 600.00 s 21,600.00
21 ZONE4 Monthly 36 s 600.00 s 21,600.00
22 ZONES Monthly 36 s 35-0.00 s 12,600.00
23 ZONE6 Monthly 36 s 300.00 s 10,800.00
24 ZONE7 Monthly 36 s 65-0.00 s 23,400.00
25 ZONES Monthly 36 s 55-0.00 s 19,800.00
26 ZONE9 Monthly 36 s 400.00 s 14,400.00
27 ZONE 10 Monthly 36 s 400.00 s 14,400.00
28 ZONE 11 Monthly 36 s 959.01 s 34,524.36
Revised 4.13.23 Page 80 of 86
Item 1H - Page 84
29 ZONE 12 Monthly 36 s 960.88 s 34,591.68
30 ZONE 13 Monthly 36 s 500.01 s 18,000.36
31 ZONE 14 Monthly 36 s 450.00 s 16,200.00
32 ZONE 15 Monthly 36 s 450.00 s 16,200.00
33 ZONE 16 Monthly 36 s 450.00 s 16,200.00
34 ZONE 17 Monthly 36 s 400.00 s 14,400.00
35 ZONE 18 Monthly 36 s 400.00 s 14,400.00
36 Annual Turf (Winter Rye Grass) Re-Seeding (Animal
Acres 0.3 s 533.33 s 160.00
Shelter)
37 Annual Turf (Winter Rye Grass) Re-Seeding (City Acres 3.3 s 727.27 s 2,400.00 Hall) 38 Annual Turf (Winter Rye Grass) Re-Seeding Acres 0.9 s 711.11 s 640.00 (Demuth Community Center) 39 Annual Turf (Winter Rye Grass) Re-Seeding (CVEP
Acres 1.8 s 711.11 s 1,280.00 Building)
40 Annual Turf (Winter Rye Grass) Re-Seeding (fire
Station #5) Acres 1.2 s 800.00 s 960.00
41 Annual Turf (Winter Rye Grass) Re-Seeding (Palm Acres 0.3 s 533.33 s 160.00 Springs Visitor's Center) 42 Annual Turf (Winter Rye Grass) Re-Seeding (Police Acres 1.5 s 746.67 s 1,120.00 Department) 43 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 6.6 s 727.27 s 4,800.00 lA) 44 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 1.5 s 746.67 s 1,120.00 1B)
45 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 5.4 s 740.74 s 4,D00.00 2)
46 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 1.2 s 800.00 s 960.00 3)
47 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 2.75 s 698.18 s 1,920.00 4) 48 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 0.6 s 800.00 s 480.00 5)
49 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 0.9 s 711.11 s 640.00 6)
50 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 2.1 s 914.29 s 1,920.00 7)
51 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 3.9 s 738.46 s 2,880.00 8)
52 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 0.3 s 533.33 s 160.00 9) 53 Annual Turf (Winter Rye Grass) Re-Seeding (Zone Acres 0.3 s 533.33 s 160.00 13) 54 Hourly Rate for additional work as needed Hourly 5,250 s 28.00 s 147,000.00 Parts and M aterials% mark-up (Enter the percent
55 in the unit price column as a decimal figure: % 25,000 s 1.10 s 27,500.00 Example, for a 5% markup, enter 1.05)
TOTAL $1,406,256.40
Revised 4.13.23 Page 81 of 86
Item 1H - Page 85
Certified by: Salvador Moreno Ramos
Firm Name: Universal Green LLC
Signature of Aut horized Person:

Printed Name: ~ oreno Ramos
Title: Member
Date: 5/18/2023
Revised 4.13.23 Page 82 of 86
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1H - Page 86
Revised 4.13.23 Page 83 of 86

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall 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 form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full 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 evidencing 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 and approved by City prior 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. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

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

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

3. Professional liability (errors and omissions) insurance with limits of at least one million 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 California 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 and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1H - Page 87
Revised 4.13.23 Page 84 of 86
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of 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 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 Contractor’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 Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

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

B. "This insurance is primary and non-contributory over any insurance or selfinsurance 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.

Item 1H - Page 88
Revised 4.13.23 Page 85 of 86
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

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

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

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

Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 1H - Page 89
Revised 4.13.23 Page 86 of 86
EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.

The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1H - Page 90

ATTACHMENT B
Item 1H - Page 91

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Universal Green LLC

2. Address of Entity (Principal Place of Business)
17989 Corkill Rd 63, Desert Hot Springs, CA 92241

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 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 officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
_Salvador Moreno Ramos____  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_Raymundo Vega Villalon____  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
_Sarita Y. Ramos Rodriguez__  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Item 1H - Page 92
I l
-
~
-
-
X
-
- - - X
X
-
- ~
L

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.

Salvador Moreno Ramos
[name of owner/investor]

33.33% Universal Green LLC [percentage
of beneficial interest in entity and name of entity]
B.

Raymundo Vega Villalon
[name of owner/investor]

33.33% Universal Green LLC
[percentage of beneficial interest in entity and
name of entity]
C.

Sarita Y. Ramos Rodriguez
[name of owner/investor]

33.33% Universal Green LLC [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
Salvador Moreno Ramos, Member
Date
5/18/23
Item 1H - Page 93

CITY COUNCIL STAFF REPORT
06/05/2023
SUBJECT:

APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9186 WITH NALCO

COMPANY, LLC FOR WATER TREATMENT CHEMICALS AND SERVICES RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9186 (Attachment A) with Nalco Company, LLC to provide water treatment chemicals and services in an additional amount of $300,000 for a total revised contract amount not to exceed $375,000 and extending the term through June 30, 2025.

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

Attachments
Item 1I

CITY COUNCIL STAFF REPORT
DATE: JUNE 5, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9186 WITH

NALCO COMPANY, LLC FOR WATER TREATMENT CHEMICALS AND

SERVICES
FROM: Scott C. Stiles, City Manager
BY: Department of Maintenance and Facilities
SUMMARY:

This action will approve Amendment No. 1 to Agreement No. A9186 with Nalco Company, LLC in the amount of $300,000 for a revised contract amount not to exceed $375,000 for water treatment chemicals and services and extending the agreement term through June 30, 2025.

RECOMMENDATION:

1. Approve Amendment No. 1 to Agreement No. A9186 (Attachment A) with Nalco Company, LLC to provide water treatment chemicals and services in an additional amount of $300,000 for a total revised contract amount not to exceed $375,000 and extending the term through June 30, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) Nalco Company, LLC is a limited liability company and registered in the State of Delaware.

BACKGROUND:

The City required the services of a water treatment chemicals and services company for operations and maintenance of the Municipal Cogeneration Plant, Fire Station No. 2, CVEP, Airport, City Hall, Police Station, Police Training Building, Sunrise Plant, Leisure Center, Pavilion, and Library. By utilizing Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs”, the City was allowed to obtain water treatment Item 1I - Page 1
City Council Staff Report
June 5, 2023 -- Page 2
Amend Water Treatment Chemicals and Services Agreement
chemicals through Nalco Company, LLC (Nalco), under General Services Administration Contract No. GS-07F-0176Y.

Therefore, the City entered into a Contract Services Agreement with Nalco on July 1, 2022, in an amount not to exceed $75,000, through June 30, 2023, to meet the Facilities and Maintenance Departments immediate needs.

STAFF ANALYSIS:

Staff is requesting approval of Amendment No. 1 in the amount of $300,000 for a revised contract amount not to exceed $375,000, and extending the agreement term through June 30, 2025, for water treatment chemicals and services.

This Contract Services Agreement operates as an on-call service; as such, staff places chemical orders as each of the eleven facilities requires. Facilities Maintenance estimates the necessary water treatment chemicals and services to be $125,000 annually.

Therefore, increasing the contract to a not to exceed amount of $375,000, and extending the term of the contract through June 30, 2025, will allow for current and future water treatment needs to be met.

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 2A, Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2022-23 account 5206570-50115.

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City Council Staff Report
June 5, 2023 -- Page 3
Amend Water Treatment Chemicals and Services Agreement
REVIEWED BY:

Assistant Director of Maintenance & Facilities: Heather MacPherson Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendment No. 1
B. Public Integrity Disclosure
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ATTACHMENT A
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AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9186

FOR WATER TREATMENT CHEMICALS AND SERVICES
This Amendment No. 1 to the Contract Services Agreement (A9186), (“Amendment No. 1”), is made and entered into this _____ day of _____________, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Nalco Company LLC, a Delaware Limited Liability Company, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed contractor for water treatment chemicals and services, (“Project”).

B. On May 1, 2022, the City Manager approved A9186, commencing July 1, 2022, and continuing through June 30, 2023, in reference to the competitively solicited contract through General Service Administration (GSA) Contract GS-07F-0176Y, with Contractor, for a total contract amount not to exceed $75,000.

C. Parties desire to extend the Term of A9186 two years through June 30, 2025, and add $300,000, for a total contract amount not to exceed $375,000.

D. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 1.

SECTION 2. 3.1 Compensation and Payment. Is hereby replaced in its entirety as follows:
“3.1 Compensation and Payment. Contract shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $375,000.” Item 1I - Page 5
SECTION 3. 4.4 Term. Is hereby replaced in its entirety as follows:
“4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year, commencing on July 1, 2022, continuing through June 30, 2025, unless extended by mutual written agreement of the Parties.”
SECTION 4. Full Force and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9186, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provisions of the Contract Services Agreement A9186, the provisions of this Amendment No. 1 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (I) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. A9186 remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO AMENDMENT NO. 1 (A9186) BY AND BETWEEN THE CITY OF

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

CONTRACTOR:

By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

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
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ATTACHMENT B
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Item 1I - Page 9

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. 3.

4. Nalco Company, LLC
Address of Entity (Principle Place of Business)
1601 West Diehl Road
Naperville, IL 60563-1198
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entity also registered in California? n Yes rx7 No

5. Type of Entity
D Corporation [i] 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 Christophe Beck
___________________ [i] Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
· • Other ___________ _
Scott Kirkland
___________________ Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
• Other ____________ _
Angela Busch
___________________
D Officer D Director D Member [i] Manager
(Revised 09 13 18)
[name]
D General Partner D Limited Partner
D Other _____________ _

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM