Agenda packet — Palm Springs City Council, November 9, 2023 (part 2 of 7)

Item 1H - Page 30
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform building repairs and minor renovation (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to carpentry, demolition, drywall, concrete block, stucco, asphalt, finishes and other work normally under the supervision of a general construction contractor. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level.

The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level ( or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

C. Response time: The Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours. Emergency responses to include weekends, after-hours and holidays.

D. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9 .4 of agreement.

In addition to the Contractor's other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Revised 2.9.22 Page 13 of 25
Item 1H - Page 31
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A Contractor must not store equipment and/or supplies on any City property.

G. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

H. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

I. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties ( doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

Any items or articles of apparent value found by the Contractor's personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

J. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

K. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor vehicles must display company logo and name.

Contractor must abide by City's requirements for visiting City buildings, including wearing required face coverings.

L. Conduct of contractor's employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, amplified music or otherwise unprofessional manner.
• Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor's employee is assigned. Visitors must stay in the public lobby until Contractor's employee arrives.

Revised 2.9.22 Page 14 of 25
Item 1H - Page 32
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/ or federal law.

Contractor's employees deemed noncompliant by City will be removed immediately and replaced within twenty-four (24) hours. Contractor's employees must submit to weapons screening as directed. Contractor's employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of City's present and future rules and regulations regarding conduct on the premises.

1.2 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

At the sole discretion of the City, the Contract may be renewed for two one-year options or any portion thereof. If the City exercises its option to extend, the unit prices may be adjusted ( decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

1.6 Adjustment of Services:

The City reserves the right to reduce or mcrease, or otherwise adjust the scope of services.

1. 7 Pricing:

Revised 2.9.22 Page 15 of 25
Item 1H - Page 33
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted ( decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.9 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor's responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

1.10 Special Security Requirements - For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Revised 2.9.22
Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City's Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

Page 16 of 25 ends

Item 1H - Page 34
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

2. AIRPORT SECURED ACCESS TO WORK AREAS:

Revised 2.9.22
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) - The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport's website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access - All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual's application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.

Interference with air navigation; 49 U.S.C. 46308.

Improper transportation of a hazardous material; 49 U.S.C. 46312.

Aircraft piracy; 49 U.S.C. 46502.

Interference with flight crew members or flight attendants; 49 U.S.C. 46504.

Commission of certain crimes aboard aircraft in flight; 46506.

Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506.

Conveying false information and threats; 49 U.S.C. 46507.

Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b ).

Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.

Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.

Destruction of an aircraft or aircraft facility; 18 U.S.C. 32.

Murder.

Page 17 of 25 ends

Item 1H - Page 35
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges - All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will Revised 2.9.22 Page 18 of 25
Item 1H - Page 36
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

Revised 2.9.22 Page 19 of 25
Item 1H - Page 37
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

ATTACHM NT F

BID FORM
INVITAHON FOR BIDS (IFB 22-19)
BUILDING R:EPA1IR AND RENOVATION SERVICES
Res ponding le this IFB for building repa r and eno•Jatlon serv1ces the unders Jned bidder proposes and agrees to provide the ser;1ces and work 1n accordance wi h the sp,r:c· 1<..a wns Bidder proposes arid agrees to fur ish all labor, equipment materials, superv1s·or ,mo Y-:-,, ,:;..e necessary to complete sa id Work in accordance w,tti the S~cif,ca io ns d :he C' 'f of Pal Springs and will aocep as full payment therefo re , tlhe followirg unit cost amouri s The C 'f o Palm Springs will not accept any additional charges. fees, etc, hat are no: already ,wluded c ... i corporate d I the bel ovv unit costs .

The Unit Pricing shall remain fixed for the fi st year For add1 ion al iears, Con r.;,ctor rray reques.'. a price adjustment not to exceed the Bureau of Labor St.abs ic's Co,nsu e P ·ce Index [CPI) c-r the Riverside-San Ber· a dino-Onta io regio for t e prior ~ 2 mor. h pe•1od effective or • "= anniversa1ry date. Optional renewal years 4 and 5, and any asso,:ciated CPI inc ease. are at the mutual consent of the City and he Go,ntractor.

ESllMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
Superin1endent Regular Bi 111 g Rate IIR 50 7:00AM - s·o0PM :i!:,. . \
2 Superintendent Overtime Billing Rat IHR
5 5:00PM - 7 O0AM 5. '~- \ 'd. 3 ·uperintendent Holiday Bilhng Rate HR r:, Satu da 4 General Foreman Regular Bim ing HR 10-0 Rate 7:00AM - 5:00PM ) 5 General Foreman Overtime Billing R 5 Rae S·00PM - 7:00AM 6 General Foreman Ho rday Billi,ng R 5 Rate Saturda /Sunda /Ho lida 7 Carpenter Regular Billing Rate HR 25 7:00AM - 5 00PM
8 Carpenter Ove ime Billing Rate HR 5 5.00PM - 7 00AM 1-.d_. $ 9 arpenter Holiday B lling Rat~ MR 5 Satu da /Sunda ~1- .$ 10 Laborer Regular Billing Rate HR 25 7·00AM - 5 O0PM •!!-, ; 1 r ... 11 Laborer Overtime Bilhng Rate HR 5 5:00PM - 7.00AM I I!!., ii. 12 Laborer Holtd:ay Billing Rate 1R 5 Satu da i'Sunda /Holida Revised 2.9.22 Page 20 of 25
Item 1H - Page 38
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A ITEM DES C RI PTIO N % MAFU(.UP
13 Pmt s ;,in d Materi:. ls (Enter vour % mark-uc for oarts & material1i\ , -t"% 14 F au1i;:im e11t Renlal (Fnle r \' our 0
/4, mark -qp for eQmPment renlalr:1) JJ; ~~
15 Subcontrncto r (Lntor vour •1~ mmk up for aubconl m clorn) ),(,;\ "Please note: This bid form is to determine the lowest bidder a d will be used lo establish the contract unit prices , l'he contract value wil I be set at the City budget amount.

Cert1hed by. _______________________ _
F"rm ame:_ .... P .... !lli ~ ... r .... ,o""' t1, .... s..,_ t[ ..... IL'"'"' r .,_t .... , • Q""-YJ.,_,1,_!,.,..1"""' 1(...,. ', '------- ' --- Signature o· Autho zed Person· -----~/4:7 _ .:.,:;.._ 1 _______ _ / i Prin ed Na mer _ .... C ....... h .... r .... ·1 ..,_5 __,_Y.._1 _______________ _ Title ____ P._.( ..... f.... s .... i .... rl .... e .... n .... t,...._ ____________ __ _ Dat e· _.......,.,5 .... -( .... 0 ..... - .... Z ..... 0,1 .... - ..,_2, _ ___________ _ Revised 2.9.22 Page 21 of 25
Item 1H - Page 39
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A Revised 2.9.22
EXHIBIT "B"

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

Page 22 of 25 ends

Item 1H - Page 40
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

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 Revised 2.9.22 Page 23 of 25
Item 1H - Page 41
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 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 'Jar 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.

Revised 2.9.22 Page 24 of 25
Item 1H - Page 42
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 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.

Revised 2.9.22 Page 25 of 25
Item 1H - Page 43
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97A

CITY OF PALM SPRINGS BUSINESS LICENSE
3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY.

BUSINESS NUMBER: 20027472
BUSINESS TYPE: CONTRACTOR - ENGINEERING / GENERAL
OWNER NAME: CHRIS YI
BUSINESS NAME: PUB CONSTRUCTION INC
BUSINESS ADDRESS: 23545 PALO MINO DR# I 04
DIAMOND BAR, CA 91765

PUB CONSTRUCTION INC
23545 PALO MINO DR# I 04
DIAMOND BAR, CA 91765
EXPIRATION TAX/ADMIN. FEE
05/31/2023 $202.00

ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE

LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN
VIOLATION OF ANY OTHER LAW OR ORDINANCE.

THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY
NOR OF THE APPLICANT'S QUALIFICATIONS.

MUST BE POSTED IN A CONSPICUOUS PLACE
Item 1H - Page 44
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A ACORD ~ " CERTIFICATE OF LIABILITY INSURANCE I ~

DATE (MM/DD/YYYY)
5/19/2022
PUBCONS-01 RCHOE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER CONTACT NAME:
lnszone Insurance Services, LLC rtf~o, Ext): (877) 308-9663 I r..et No):(916) 503-6271 2721 Citrus Road, Suite A Rancho Cordova, CA 95742 ftlJ~ss: [email protected]
INSURER/SI AFFORDING COVERAGE NAIC#
INSURER A: Colony Insurance 39993
INSURED INSURER B: lnfinitv Select Insurance Comoanv 20260 Pub Construction Inc INSURER c: Evanston Insurance Company 35378 23545 Palomino Dr# 104 INSURER D: Diamond Bar, CA 91765 INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR LIMITS IN"D WVD IMMIDDNYYY\ IMMIDDNYYY\ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ~ D CLAIMS-MADE [K] OCCUR DAMAGE TO RENTED 100,000 X X 600GL0009378-07 5/3/2022 5/3/2023 PREMISES (Ea occurrence\ $ ~
MED EXP (Anv one oerson\ $ 5,000
~
PERSONAL & ADV INJURY $ 1,000,000
2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY [K] ~re?+ □ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $
B ~
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident\ $ 1,000,000 ~
X ANY AUTO ~
X X 504658796115001 4/8/2022 4/8/2023 BODILY INJURY /Per oerson\ $

OWNED SCHEDULED
~
AUTOS ONLY ~ AUTOS BODILY INJURY (Per accident) $
HIRED NON-OWNED ~ AUTOS ONLY ~ AUTOS ONLY FP~?~fc~d"';,~NAMAGE $ $
C UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 5,000,000 ~
X EXCESS LIAB CLAIMS-MADE X X MKLV5EUL 104150 5/3/2022 5/3/2023 5,000,000 AGGREGATE $ OED I I RETENTION$ $

WORKERS COMPENSATION I PER I I
OTHAND EMPLOYERS' LIABILITY STATUTE ER

Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE
□ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs, its officials, employees, and agents are included as additional insured for any and all work performed with the City. This insurance is primary and non-contributory over any insurance or sel finsurance the City may have for any and all work performed with the City.

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. 10 Days Notice of Cancellation for Non-Payment of Premium

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Palm Springs THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
I ~ © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Item 1H - Page 45
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A ACORD® ~

CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)
~ 05/19/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

PRODUCER CONTACT Megan Hilke NAME:

Foundation Risk Partners dba Millennium Risk Mgmt & Ins Services r1JgNJ0 Ext\: (818) 844-4118 I FAX
(AJC, No): (949) 679-7240
License #0M93299 E-MAIL [email protected] ADDRESS:
301 E Colorado Blvd Suite 205 INSURER(S) AFFORDING COVERAGE NAIC# Pasadena, CA 91101 INSURER A: Insurance Company of the West 27847 INSURED INSURER B :

Pub Construction Inc INSURERC :
23545 Palomino Dr Ste A-104 INSURER D :

Diamond Bar, CA 91765 INSURER E:

INSURER F :

COVERAGES CERTIFICATE NUMBER: 21-22 WC REVISION NUMBER:

INSR n POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
I CLAIMS-MADE □ OCCUR DAMAGE TO RENTED
PREMISES !Ea occurrence\ $
MED EXP (Any one person) $ -
PERSONAL & ADV INJURY $ -
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
~ POLICY JECT PRO- □ LOG PRODUCTS - COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ !Ea accident\ - ANY AUTO BODILY INJURY (Per person) $ - - OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY (Per accident) $
- - HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $
- - $
UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $
WORKERS COMPENSATION X:IPER I I OTHAND EMPLOYERS' LIABILITY STATUTE ER Y/N 1,000,000

A ANY PROPRIETOR/PARTNER/EXECUTIVE
~ y WSD 5044716 03 12/07/2021 12/07/2022 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation applies to the City of Palm Springs per form attached. *30 day notice of cancellation with 10 days for non-payment.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Palm Springs ACCORDANCE WITH THE POLICY PROVISIONS. 3200 E. Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE
I
Palm Springs CA 92262
© 1988-2015
~~ ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Item 1H - Page 46
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 99 06 34
(Ed . 8-00)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due.

Person or Organization

ANY PERSON / ORG

WHEN REQUIRED BY

WRITTEN CONTRACT
Policy Number: WSD 5044716 03
Endorsement Effective: 12/7/21
Issue Date: 12/06/21
WC 99 06 34
(Ed. 8-00)
Schedule
Job Description

ALL CA OPERATIONS
Insured: PUB Construction Inc
Coverage Provided by: Insurance Company of the West
Countersigned by:

Item 1H - Page 47
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 600 GL 0009378-07

COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location(s) Of Covered Operations
As required by written contract with the Named Insured All locations which are afforded coverage under that is executed by the parties to the contract prior to the this policy. commencement of work that is called for in the contract.

Information required to complete this Schedule, if not shown above, will shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

CG20100704 © ISO Properties, Inc., 2004 Page 1 of 1
Item 1H - Page 48
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 600 GL 0009378-07

COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Location And Description Of Completed Operations As required by written contract with the Named Insured All locations which are afforded coverage under this that is executed by the parties to the contract prior to policy. the commencement of work that is called for in the
contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property damage" caused , in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed
operations hazard".

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Item 1H - Page 49
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 600 GL 0009378-07

COMMERCIAL GENERAL LIABILITY
CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "productscompleted operations hazard". This waiver applies only to the person or organization shown in the
Schedule above.

Name Of Person Or Organization:

All persons or organizations as requested by written contract with the Named Insured.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Item 1H - Page 50
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A 600 GL 0009378-07

COMMERCIAL GENERAL LIABILITY
CG 20 010413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured. This insurance is primary to and will not seek contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 010413 © Insurance Services Office, Inc., 2012 Page 1 of 1 Item 1H - Page 51
DocuSign Envelope ID: D8065027-A0F0-454D-AEF7-E2866952A97 A c:ica CONTRACTORS

STATE LICENSE BOARD

ACTIVE LICENSE
,~,~ CORP
..,.-,,.,,.. PUB CONSTRUCTION INC
c•'""'""'" C33 8 C54 C 15 A C36 C39
Eo,~ooDH, 12/31 /2022 www.cslb.ca .gov
Item 1H - Page 52
-
P & E Insulation, Inc. Job 16044
CALIFORNIA PRELIMINARY NOTICE 23000381
In accordance with section 8102, 8202 and 9303, California Civil Code. THIS JS NOT A LIEN This is NOT a reflection on the integrity of any contractor or subcontractor.

CONS TRUCTION LENDER OR

REPUT ED CONSTRUCTION LENDER
**"None Reported**•
Bond: Western Surety
5530 Trabuco Road
Irvine, CA 92620

OWNE ROR

REPUT ED OWNER(S)/PUBLIC ENTITY
City of Palm Springs
es Maintenance
ox 2743
Faciliti
P.O. B
Palms prings, CA 92263

DIREC T CONTRACTOR OR

REPUT ED DIRECT CONTRACTOR
Pub C onstruction, Inc.

Palomino Dr #104
nd Bar, CA 91765
23545
Diamo
OTHE R
Pub C onstruction, Inc.

Palomino Dr #104
nd Bar, CA 91765
23545
Diamo
.,
•
N ov 16 2022
City Hall
Reception Desk
Name and address of claimant giving notice:

P & E Insulation, Inc.
5455 Vine St, Chino, CA 91710
has furnished or will furnish l abor, service, equipment or material of the following general description:

Labor and materials to provide thermal insulation.

Description of job site sufficient for identification:

City of Palm Springs - City Yard Interior Renovation
425 N. Civic Dr., Palm Springs, CA 92262
The name of the person or firm who contracted for the
purchase of such labor, service, equipment or material
furnished is:

Pub Construction, Inc.
23545 Palomino Dr #104, Diamond Bar, CA 91765
An estimate of the total price of the labor, service,
equipment or material provided or to be provided is:
$ 17,865.10

NOTICE TO PROPERTY OWNER
EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL, if
the person or firm that has given you this notice is not paid in full for labor, service, equipment, or material provided or to be provided to your construction project, a lien may be placed on your property.

Foreclosure of the lien may lead to loss of all or part of your property. You may wish to protect yourself against this by (1) requiring your contractor to provide a signed release by the person or firm that has g iven you this n otlce before making payment to your contractor, or ( 2) any other method that is appropriate under the circumstances.

This notice is required by law to be served by the
undersigned as a statement of your legal rights. This notice is not intended to reflect upon the financial condition of the contractor or the person employed by you on the construction project.

If you record a notice of cessation or completion of your construction project, you must within 10 days after recording, send a copy of the notice of completion to your contractor and the person or firm that has given you this notice. The notice must be sent by registered or certified mail. Failure to send the notice will extend the deadline to record a claim of lien. You are not required to send the notice if you are a residential homeowner of a dwelling containing four or fewer units.

Date: November 10, 2022 c:6
Signature: \JO~ ~ •
Item 1H - Page 53
Item 1H - Page 54
.. A-q l 3C., - 1 ~
ACORD• CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/18/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, s ubjec t to the terms and conditions of the policy, certain policies may require an endorsement. A s tatement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s ).

PRODUCER Megan Hilke
Foundation Risk Partners dba Millennium Risk Mgmt & Ins Services : (818) 844-4118 FAX A1C No : (949) 679-7240
License #OM93299 RECEIVED
301 E Colorado Blvd Suite 205
Pasadena. CA 91101

INSURED
PUB Construction Inc Office of the City Clerk
23545 Palomino Dr Ste A-104
Diamond Bar. CA 91765
COVERAGES CERTIFICATE NUMBER: 22-23 WC

INSURER S AFFORDING COVERAGE
INSURER A : Insurance Company of the West
INSURER B :

INSURER C:

INSURER D :

INSURER E :

INSURER F :

REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

INSR TYPE OF INSURANCE POLICY EFF ,~ID-6%~1 LIMITS LTR IN~D WVD POLICY NUMBER fMM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s f--D CLAIMS-MADE □ OCCUR ~~~:;il9E~"~i~ence1 - s
MED EXP fAnv one person) s - PERSONAL&ADVINJURY s -
GENl. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s
Fl POLICY JECT RO- LDC PRODUCTS • COMP/OP AGG s
OTHER: s

AUTOMOBILE LIABILITY
- fE~~~~~t~INGLE LIMIT s
ANY AUTO BODILY INJURY (Per person) s f-- OWNED ~ SCHEDULED BODILY INJURY (Per accident) s - AUTOS ONLY ,__ AUTOS
HIRED NON-OWNED ;f.?~c~~i?AMAGE s - AUTOS ONLY - AUTOS ONLY s
UMBRELLA LIAB HOCCUR EACH OCCURRENCE s - EXCESS LIAB CLAIMS-MADE AGGREGATE s OED I I RETENTION $ $
WORKERS COMPENSATION x 1 m·TUTE I I DT~
AND EMPLOYERS" LIABILITY ER Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ NAIC#
27847

1.000,000
A ~ y WSD 5044716 04 12/07/2022 12/07/2023 OFFICER/MEMBER EXCLUDED? N /A (Mandatory In NH) E.L. DISEASE· EA EMPLOYEE s 1,000.000 If yes. describe under s 1,000.000 DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101. Addltlonal Remarks Schedule, may be attached II more space Is required) Waiver of Subrogation applies to the City of Palm Springs per form attached. '30 day notice of cancellation with 10 days for non-payment.

CERTIFICATE HOLDER
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs
ACORD 25 (2016/03)
CA 92262

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
© 1988-201 5 A CORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Item 1H - Page 55
1 • •

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET WC 9906 34
(Ed. 8-00)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be 3% of the total California Workers' Compensation premium otherwise due.

Person or Organization

ANY PERSON / ORG

WHEN REQUIRED BY

WRITTEN CONTRACT
Policy Number: WSD 5044716 04
Endorsement Effective: 12/7/22
Issue Date: 12/06/22
WC 99 06 34
(Ed. 8-00)
Schedule
Job Description

ALL CA OPERATIONS
Insured: PUB Construction Inc
Coverage Provided by: Insurance Company of the West
Countersigned by:

DocuSign Envelope ID: A0A5212A-10FB-49EF-8A6E-4A9E783FF3F6 23 May
Item 1H - Page 56
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9136

FOR BUILDING REPAIR AND RENOVATION SERVICES
This Amendment No. 1 to the Contract Services Agreement (A9136), ("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 PUB Construction, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as "Party" and are collectively referred to as the "Parties".

RECITALS
A. On June 16, 2022, the City Council approved A9136, made and entered into on June 20, 2022, in reference to the competitively solicited Invitation for Bids (IFB) 22-19 with Contractor.

B. City desires to amend A9136 to add $450,000 for a maximum contract amount not to exceed $750,000.

C. 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
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.

SECTION 2. 3.1 Compensation of Contractor. Is hereby replaced in its entirety as follows:
"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 $750,000."
SECTION 3. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9136, 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 provision of the Contract Services Agreement A9136, the provisions of this Amendment No. 1 shall in all respects govern and control.

DocuSign Envelope ID: A0A5212A-10FB-49EF-8A6E-4A9E783FF3F6 Item 1H - Page 57
SECTION 4. 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. A9136 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9136) BY AND BETWEEN THE CITY OF PALM SPRINGS AND PUB CONSTRUCTION, INC.

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

CONTRACTOR:

By: � By: ___ -,,C----¢a:a......+<------ Signatur� CJiri.s y; P'f'e.sid� Signature 7�y; .S�q.,-y ' (2nd signature required tbr Corporations)
Date: OS hz,/2.02;3 I I Date:
-------'"-,I,�-, OS/22_/2023 --=---------
CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: May 11, 2023 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

1.G.

DocuSign Envelope ID: A0A5212A-10FB-49EF-8A6E-4A9E783FF3F6 5/23/2023
Item 1H - Page 58
~ DocuSigned by:
3C~~~
j DocuSigned by:
~ 3FfL¥
DocuSign Envelope ID: A0A5212A-10FB-49EF-8A6E-4A9E783FF3F6 Item 1H - Page 59

MINUTES OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF PUB CONSTRUCTION, INC.

A special meeting of the Board of Directors of Pub Construction, Inc. was held in the conference at the following date, time, and place:

Date: 03/05/2013
Time: 2:00PM
Place: 23441 GOLDEN SPRINGS DR., #104, DIAMOND BAR, CA 91765 The following persons were present:

CHRIS CHAE Y. YI
The chair initiated a discussion regarding a corporate resolution to confirm who is authorized to execute contract documents or to execute bid submittals.

After discussion, it was decided that Chris Chae Y. Yi would have the authority.

On motion duly made, seconded and unanimously carried, the following resolution was adopted.

RESOLVED: That Chris Chae Y. Yi will be the authorized persons to execute all contract documents and bid submittals for all projects contracted for or bid upon by Pub Construction, Inc.

TI1ere being no further business, on motion duly made, seconded and unanimously carried, the chair declared that the meeting was adjourned.

Minutes of this meeting was respectfully submitted by
Dated: 3/5/2013
CHRIS Ct(A.E Y. YI, Secretary

ACCEPTANCES OF RESOLUTION ADOPTED
AS OF 3/5/201 3
CHRIS CH . YI, Vice President
CHRIS YI. YI, Secretary

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. 23B225 WITH GRANITE

CONSTRUCTION COMPANY FOR ON-CALL PAVEMENT REPAIR SERVICES FOR

PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATIONS:

Approve Contract Services Agreement 23B225 with Granite Construction Company to provide on-call pavement repair services for the Palm Springs International Airport in an amount not to exceed $3,000,000 for the initial three-year term beginning November 1, 2023, through October 31, 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 1I

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 23B225 WITH

GRANITE CONSTRUCTION COMPANY FOR ON-CALL PAVEMENT

REPAIR SERVICES FOR PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve Agreement No. 23B225 with Granite Construction Company in an amount not to exceed $3,000,000, for on-call pavement repair services for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement 23B225 (Attachment A) with Granite Construction Company to provide on-call pavement repair services for the Palm Springs International Airport in an amount not to exceed $3,000,000 for the initial three-year term beginning November 1, 2023, through October 31, 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 September 5, 2023, Granite Construction Company is a Corporation registered in the State of California.

BACKGROUND:

In 2022, the Airport served approximately 2.9 million total passengers and facilitated 61,643 aircraft operations. Ensuring the safety and durability of the Airport’s paved surfaces is crucial to the Airport’s operations. The Airport has two parallel runways, with one measuring 10,001 feet long and 150 feet wide (Runway 13R-31L), and the other measuring 4,953 feet in length and 75 feet in width (Runway 13L-31R), a taxiway system Item 1I - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Award On-Call Pavement Repair Services Agreement
and a large, paved aircraft parking ramp that require routine pavement repairs. In addition, the Airport has access roads, perimeter roads, and public and rental car parking lots which are constructed using materials such as concrete, asphalt, and gravel which require repetitive maintenance.

One high priority at the Airport is to provide safety for both passengers and aircraft operations. Minor defects or cracks in these paved surfaces can pose substantial risks.

To meet safety standards and comply with Federal Aviation Administration (FAA) regulations, the Airport must adhere to specific maintenance and repair criteria.

In the event of unforeseen pavement issues, an on-call pavement repair service provider can quickly respond and restore safe operations avoiding delays. Additionally, the Airport pavements must withstand various weather conditions, including extreme heat, cold, and rain. To protect these surfaces from the elements, it's essential to apply a specific type of sealant, a task that requires knowledgeable professionals to ensure correct application and safety is sustained. By establishing a proactive approach in providing on-call pavement services, the Airport will continue upholding the integrity of its infrastructure to all travelers, visitors, and staff.

STAFF ANALYSIS:

The contract with Granite Construction Company is an on-call, as-needed type contract.

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 and will therefore not match the bid amounts.

An Invitation for Bids (IFB 23-39) was initiated by the City’s Procurement and Contracting Department on August 10, 2023, based on the Department of Aviation specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. One bid was received by the September 7, 2023, deadline as follows:

Vendor Bid
Granite Construction Company, Indio, CA $2,272,722.00
Since only one bid was received, the pricing was analyzed by the Aviation Department and compared to prices paid in the past and was found to be fair and reasonable for the City. The contract is for three years with two one-year options to renew. The unit pricing is fixed for the first year and subject to CPI increase in the following years. Staff recommends approval of a Contract Services Agreement No. 23B225 with Granite Construction Company for the initial three-year term in the amount not to exceed $3,000,000 effective November 1, 2023 through October 31, 2026, subject to two oneyear optional renewals at the sole discretion of the City. Staff has budgeted $3,000,000 to ensure that funding is available for any unforeseen maintenance and repair services.

Item 1I - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Award On-Call Pavement Repair Services Agreement
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 Fiscal Year 2023-24 in the Department of Aviation, Airside Account 4157030-40105 and Landside Operations Account 4157040- 40105.

REVIEWED BY:

Department Director: Harry Barrett, Jr.

Procurement and Contracting Director: Kim Baker
City Attorney: Geremy Holm
City Manager: Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 23B225
B. Public Integrity Disclosure Form
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ATTACHMENT A
CONSULTING SERVICES AGREEMENT NO. 23B225

WITH GRANITE CONSTRUCTION COMPANY
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CONTRACT SERVICES AGREEMENT 23B225

ON-CALL PAVEMENT REPAIR SERVICES

FOR PALM SPRINGS INTERNATIONAL AIRPORT
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 1, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and GRANITE CONSTRUCTION COMPANY, a California corporation, (“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 on-call pavement repair services for Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide on-call pavement repair services for Palm Springs International Airport, 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 $3,000,000.00.

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 November 1, 2023, and ending on October 31, 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: Joseph P. Richardson, Regional Chief Estimator. 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:

Joseph P. Richardson Regional Chief Estimator

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 1I - 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 1I - 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 1I - 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: Granite Construction Company
Attention: Joe Richardson
38000 Monroe Street
Indio, CA 92203

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.

12. 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.

13. 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 GRANITE CONSTRUCTION COMPANY
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”
CONTRACTOR’S

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

A. Contractor shall furnish supervision, labor (trained and certified), permits, materials, tools, and special equipment necessary to perform repair and/or replacement of any paved surface on Palm Springs International Airport (PSP) property including concrete, asphalt and gravel surfaces on an as requested basis. Repairs can include crack sealing(including routing), milling and filling, full replacement, and compaction of subsurface, application of seal-coats and other related work. Repairs requested within the AOA area must comply with the regulations set forth by the Federal Aviation Administration (FAA) circular AC 150/5380-6C, or the most recent version of that document.

B. All inspection and repair work are to be performed in accordance with the both the manufacturer of repair materials and the requirements set forward by the FAA.

C. Contractor shall prepare and provide a written report with photos to the Airport (PSP) upon completion of inspections.

D. Prior to beginning any work at a site, the Contractor shall coordinate all work with Airport Operations and Airport Maintenance.

E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The Airport (PSP) shall reimburse the Contractor for only the actual cost of said permits.

F. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. PSP encourages Contractor to salvage material in an environmentally friendly manner if possible. PSP retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

G. All work shall be performed by and billed to the lowest applicable job class level.

The Contractor must receive prior written approval from the PSP before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

H. Correction of work deficiencies: The Contractor shall correct work rejected by the Airport (PSP) as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the Airport (PSP) may correct the deficiencies by other means. In such case, the PSP may exercise rights and remedies as provided in section

9.4 of agreement. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

Item 1I - Page 17
Revised 4.13.23 Page 14 of 70
I. Equipment and supplies: Contractor is to provide, at no additional cost to the Airport (PSP), all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The Airport (PSP), at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any PSP property.

J. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The Airport (PSP) reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

K. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

L. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

M. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times.

Contractor must abide by PSP’s requirements for visiting City buildings. Contractor vehicles must display company name and logo.

N. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant by PSP will be removed immediately and replaced within twenty-four (24) hours.

Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of Airport (PSP) present and future rules and regulations regarding conduct on the premises.

O. Contractor will be responsible for Security access badging all necessary staff and for the Signatory Authority required to gain SIDA access. Additional information regarding the badging process can be found at: https://flypsp.com/business/badgingaoa-permits/.

1.2 Pricing:

Item 1I - Page 18
Revised 4.13.23 Page 15 of 70

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

1.3 Payment:

1.4 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval.

Item 1I - Page 19
Revised 4.13.23 Page 16 of 70
Item 1I - Page 20

ATTACHMENT G
BID FORM - REVISED PER ADDENDUM NO. 1
INVITATION FOR BIDS (IFB 23-39)

ON-CALL PAVEMENT REPAIR SERVICES FOR PSP
Responding to this IFB for on-call pavement repair services for the Pah, Springs International Airport (PSP). 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 h 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 addltional charges, fees, etc. that are not already Included or incorporated in the below unit costs.

ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY Vacuum Power Cleaning (metal
1 t31./-3 . .51!'! b<islles appn:wed) (aulho, i~ed ro, HR 100 ($31/,300.~ airslde and landslde, excluding the runwavl 1!:00AM - 5:00PM)
Vacuum Power Cleaning (metal
2 bristles approved) [authorized for HR 100 i '-100.~ J, 'lo, 000. flP airside and landside, excluding the runwavl (5:00PM - 7:00AM)
Vacuum Power Cleaning (metal
bristles approved) [authorized for
3 airside and la1dside, excluding HR 100 J46°8.~ ,s 'I 5: ?/::)0, qg the runway]
ISaturd""s/Sundav/Holidav)
Polyethylene Vacuum Power
4 Cleaning [authorized for airslde HR 100 131/S.R!I .J3'f,SOO."'- and landside, including runway] 17:00AM - 5:00PMl
Polyethylene Vacuum Power
5 Cleaning [authorized for airside HR 100 "1102.~ t//o, 2co. oP and landside, including runway]
15:00PM - 7:00AM)
Polyethylene Vacuum Power
6 Cleaning [authorized for airslde
and landside, including runway] HR 100 .:J -'16"£". 9R <i l/$;.S-00. ~ I Saturdav/Sund=/Hol idavl
Mobilize Small Grinding
7 Equipment (Bobcat with 18" EA 1 t;,soo.~ .J;,soo . .e.o asohalt Removal Attachment\
8 Mobilize 24" vride Grinding
Eauioment EA 1 J1, 500,9> -i-1, 500. ~
9 Mobilize 48" wide Grinding EA 1 Ji, 900, 20 -s;, 'loo. !12 Eauioment 10 Mobilize Paving Equipment EA 1 110,000. 119 .J;Clooo,"" without Paver 11 Mobilize Pavina ~uloment with EA 1 11 n_. 1,0(), - " / 2 lnr.U Revised 4.13.23 Page 17 of 70
Item 1I - Page 21
Paver
12 Saw Cutting PCC Pavement O"- LF 100 ,$13, Q9 ./ 1
1 300, eg 8" Section
13 Saw Cutting PCC Pavement 8"· LF 100 $/fJ. flR .J/,800."" 12" Section 14 Saw Cutting PCC Pavement 12"· LF 100 $22. Q.O .s-<, 2.00. !1!' 16" Section 15 PCC Remove/Replace 0"· 8" SF 100 'Jf.z eP -t,;, 700.""' Section ., 16 PCC Remove/Replace 8"-1 2" SF 100 .tSB. f!9 <'f~-aco.~ Section 17 PCC Remove/Replace 12"· 16" SF 100 $~0. 29 $ c., SCD. 'l!> Section 18 Saw Cutting AC Pavement 0"· 5• LF 100 s.s: ?F t57.s:!:.t' Section 19 Saw Cutting AC Pavement 6"· LF 100 .tr. Sp 98n>.q, 10" Section 20 Excavation CY 100 .tnn <!!' ,/.,AA~ ~
21 Annr=ate Base 1-25 Tons Ton 100
•. , A e,> ~ - 71 _ a,,
22 Annronate Base 26-50 Tons Ton 100 ,~ 'I/J (J9 / ? ,v,n, .. 23 _.nnronate Base 51 -75 Tons Ton 100 .:4 /,:."'" "" ~,. <:nn - 24 Cement Treated Base Ton 100 .s,on "° ., , , nnn .»
Quick Set Mortar Patch
Concrete/Polyester up lo 3" thick
25 [includes saw cutting, pee SF 100 J55o,• 'ss;ooo.~ removal, installation of new matetial, replacement of joint
seal if annlicablel
Quick Set Mortar Patch •,
Concrete/Polyester 3• • S26 [includes saw cutting, pee SF 100 '720,!P ,r 72, OCO, !!!! removal, installation of new material, replacement of joint
seal if aoaficablel
27 Reoair and Reseal PCC Joints LF 100 .rso . .:- -l'S.OOO.· 28 Reoair and Seal Enne Joints LF 100 ~so.- .s< O()O, !!' 29 Slurry Seal (Minimum call out SF 100 $0.@ .181)."" 15,000 SFl 30 Slurrv Seal 115,001 - 50,000 SFl SF 100 1-0.- ,s, _,..._ ~ 31 Slurry Seal (50,001 - 100,000 SF 100 'o.te l'l().'1!! SF) 32 Asohalt Binder Ton 100 ~/ -~7/,- -$1.-.7. 1/ln ,-
33 Runwav uroovino SF 100 -$5 2. - l-'S .Z50.-
34 Paint Strioino with Glass Beads SF 100 S a~ ""' ~ -~~'J,IJ,.:!' 35 Paint Striping without Glass SF 100 -132. €.!! I a,2.5'1. QP Beads 36 One (1) NighV Day Traffic EA 100 .,~'oC(),$9 J3€(),000,B Control 37 Two 121 NiohVD"" Traffic Control EA 100 .:J? '-"""l,i,ln,-- .J; 7 5.0 ---' AC Pavement Removal (Less ,
38 than 20 CY = r Proiectl CY 100 lf#-i. it.<J $ B 'I, 3CO. 'I!! 39 AC Pavement Removal (More CY 100 $•1~.L"' - Jl7asoo.- Revised 4.13.23 Page 18 of 70
Item 1I - Page 22
than 20 CY = Proiect\
Grinding AC Pavement 1" - 4" "
./Js."" 40 thickness (Less than 2,000 SF SF 100 I I, S-()(J . .,, ""r Proiecll
Grinding AC Pavement 1" - 4"
41 13_:t:t J.379_ OP thlcl<ness (More than 2,000 SF SF 100 oer Prolect\
Grinding AC Pavement 1" • 4"
42 thlckness (Less than 300 SF per SF 100 '83.¢ $8,?,CD.QfJ Project utilizing a Bobcat grinder attachmenll - Grinding AC Pavement 4" - 6"
43 -I I, 700, ',ff) thlckness (Less than 2.000 SF SF 100 .J.17. !/9 =r Proiect\
Grinding AC Pavement 4" - 6"
44 thickness (More than 2,000 SF SF 100 .Js,,,,, dSIX>.-"" <><>r Prolectl 45 Installed AC Pavement (Less
than 25 Tons = r Proiecil Ton 100 $ .<1 2.J,i). OP
~
,t 221,LJVJ.
46 Installed AC Pavement (More Ton 100 -1975. !J1' $ 9 7, 500, OR than 25 Tons =r Pro'""" TOTAL Enter this amount In Planetslds' t2 27?, -z,u,!!:_ •Note: This bid form Is to determine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Firm Name: Granite ConstrucUon Company
DIR Number: 1000000085
Signature of Authorized Person: - -J~'--[._/ ..... ___________ _ (/
Printed Name: Jos@ph P. Richardson
Title: Regional Chief Estimator
Date: September 7. 2023
Revised 4.13.23 Page 19 of 70
EXHIBIT “B”

INSURANCE

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:

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

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 1I - Page 24
Revised 4.13.23 Page 21 of 70
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.

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 1I - Page 25
Revised 4.13.23 Page 22 of 70
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.

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

Item 1I - Page 26
Revised 4.13.23 Page 23 of 70
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 1I - Page 27
Revised 4.13.23 Page 24 of 70
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 2.8.2023
Item 1I - Page 28
Revised 4.13.23 Page 25 of 70
FAA - 01 Access to Records and Reports
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 1I - Page 29
Revised 4.13.23 Page 26 of 70
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: [N/A]
Goals for female participation in each trade: [N/A]
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 1I - Page 30
Revised 4.13.23 Page 27 of 70
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 1I - Page 31
Revised 4.13.23 Page 28 of 70
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 1I - Page 32
Revised 4.13.23 Page 29 of 70
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 1I - Page 33
Revised 4.13.23 Page 30 of 70
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 1I - Page 34
Revised 4.13.23 Page 31 of 70
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 1I - Page 35
Revised 4.13.23 Page 32 of 70
• 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:

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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
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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 1I - Page 38
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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 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.

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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
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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.

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 1I - Page 41
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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 1I - Page 42
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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.
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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 1I - Page 44
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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 1I - Page 45
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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 1I - Page 46
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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.

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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
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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
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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 1I - Page 50
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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
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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
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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 1I - Page 53
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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)
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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 1I - Page 55
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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.

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;
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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 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.

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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. 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.
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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.
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 Item 1I - Page 59
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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.

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 Item 1I - Page 60
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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:
• 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. • 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.
• 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 1I - Page 64
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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

Item 1I - Page 69
Revised 4.13.23 Page 66 of 70
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 1I - Page 70
Revised 4.13.23 Page 67 of 70
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 1I - Page 71
Revised 4.13.23 Page 68 of 70
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

Item 1I - Page 72
Revised 4.13.23 Page 69 of 70
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 1I - Page 73
Revised 4.13.23 Page 70 of 70
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 1I - Page 74

ATTACHMENT B

PUBLIC INTEGRITY BUSINESS DISCLOSURE
Item 1I - Page 75
Item 1I - Page 76

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Granite Construction Company

2. Address of Entity (Principal Place of Business)
38000 Monroe Street, Indio, CA 92203

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

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

5. Type of Entity
rK] 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
_S_e_e_A_p __ p_e_nd_i_x_A ________ D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other __________ _
_ S_e_e_A_p_pe_n_d_ix_A_______ D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other _________ _
...... s ...... e __ e_A_._p_._p __ en_d __ i_x _A ________ D Officer D Director D Member D Manager [name] D General Partner D Limited Partner
D Other _________ _
Item 1I - 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]
A.

Granite Construction Incorporated
[name of owner/investor]
B.
[name of owner/investor]
C.
[name of owner/investor]
D.
[name of owner/investor]
E.
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
100% Parent Company
[percentage of beneficial interest in entity and
name of entity]
[percentage of beneficial interest in entity and
name of entity]
[percentage of beneficial interest in entity and
name of entity]
[percentage of beneficial interest in entity and
name of entity]
[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
L/ Regional Chief Estimator
/
Joseph P. Richardson
V
Date
09/05/2023
Item 1I - Page 78
Updated June 2023
CiRAnlTE'~
Granite Construction Company
List of Officers
Name
Larkin, Kyle T.

Curtis, Elizabeth L.

Radich, James A.

Dowd, Brian R.

Gruber, Timothy W .

Hall, M. CraiQ
Olson, Kenneth B.

Williams, Bradley J.

Tatusko, Michael G.

Barker, Michael W.

Nickerson, James D.

Woolsev, Staci M.

Blackburn, Nicholas B.

Present Office Position
President
Executive Chief Officer
Executive Vice President
Chief Financial Officer
Assistant Secretary
Executive Vice President
Chief Operating Officer
Assistant Secretary
Senior Vice President
Group Manager
Assistant Secretary
Senior Vice President
Human Resources
Assistant Secretary
Senior Vice President
General Counsel
Corporate Compliance Officer
Secretary
Senior Vice President of Corporate
Finance Treasurer
Assistant Financial Officer
Assistant Secretary
Senior Vice President
Group Manager
Assistant Secretary
Senior Vice President
Group Manager
Assistant Secretary
Vice President
Investor Relations
Vice President
Assistant Secretary
Chief Accounting Officer
Assistant Secretary
Vice President
Tax
Assistant Secretary
Appendix A Page 1 of 1

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

APPROVE TAHQUITZ CREEK GOLF COURSE PUMP STATIONS REPLACEMENT

PROJECT
RECOMMENDATIONS:

Approve the award of the Tahquitz Creek Golf Course Pump Stations Replacement Project to High Tech Irrigations, Inc., in the amount of $1,112,977.99;

1. Approve an appropriation of $1,112,977.99 from Golf Fund Reserves to the Golf Fund for Tahquitz Creek Golf Course Pump Stations replacement project;

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

Attachments
Item 1J

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: APPROVE TAHQUITZ CREEK GOLF COURSE PUMP STATIONS

REPLACEMENT PROJECT
FROM: Scott C. Stiles, City Manager
BY: Teresa Gallavan, Assistant City Manager
SUMMARY:

Approval of this project will allow Century Golf Partners to proceed with replacement of the Tahquitz Creek Golf Course “Legends” and “Resort” Course pump stations, for an amount not to exceed $1,112,977.99.

RECOMMENDATION:

1. Approve the award of the Tahquitz Creek Golf Course Pump Stations Replacement Project to High Tech Irrigations, Inc., in the amount of $1,112,977.99;

2. Approve an appropriation of $1,112,977.99 from Golf Fund Reserves to the Golf Fund for Tahquitz Creek Golf Course Pump Stations replacement project;

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

BUSINESS PRINCIPAL DISCLOSURE:

A Public Integrity Disclosure form is included as Attachment A.

BACKGROUND:

Historically, Century Golf Partners has solicited bids for capital improvements when necessary for operational needs, bringing each project to the City for approval. Tahquitz Creek Golf Resort “Legends” and “Resort” golf courses use two pump stations to supply water to the golf course irrigation systems. These stations are referred to as the “Sonora” and “Oasis” stations.

To continue confidently operating the facility, the pump stations at the golf course require replacement. The pump stations are the backbone of the irrigation system at the course.

Item 1J - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Approve Tahquitz Creek Golf Course Pump Station Replacement Project Without the pump stations working, Century Golf Partners is unable to water the golf course and eventual turf loss is inevitable.

The pump stations are more than 20 years old, past their useful life and face structural and operational failures. These failures are detrimental to the course conditions, equating to major turf loss and revenues. Last year alone, the golf course experienced failures such as an inoperable power logic control (PLC) on the Sonora station. The PLC controls all operations of the pump station and without this computer, renders it almost useless.

While the Sonora station is the highest priority to replace, both stations are experiencing excessive wear and tear and mechanical failures. The age of the components is also creating a dire situation with unpredictable operation. The filters leak excessively and are not currently being used which causes debris to enter the irrigation system and create water issues of sprinklers not turning on or getting stuck on.

The metal skids on which the pump stations sit are both failing due to excessive rust. The failure of these skids will cause unrepairable damage to the pump stations as components shift or fall into the wet well.

Item 1J - Page 2
.
·~ .. . •." ' : . •• .;.1·:,; ......

City Council Staff Report
November 9, 2023 -- Page 3
Approve Tahquitz Creek Golf Course Pump Station Replacement Project Sonora Pump Station
Oasis Pump Station
Item 1J - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
Approve Tahquitz Creek Golf Course Pump Station Replacement Project Structural failure is evident in the above pictures and inefficiencies occur from old and worn components in both the controls and pumping mechanisms. Both stations base skid plates are rusted beyond repair.

Near each pump station is a water-circulation, waterfall feature pump. These pumps are located in under-ground vaults that require a technician to enter for service. During failure, or storm events, these vaults can fill with water causing equipment malfunctions and create issues with performing service. Currently both water pumps either fail often or are under-performing due to their location and age of equipment. The waterfall pumps improve the lakes’ environment health by providing circulation and additional oxygenation.

In addition to reducing risks from pump stations failures, the advantages of installing both the pump stations and the water-circulation, waterfall feature pumps include:
• Improve safety of daily operation of the irrigation system for employees and repair/maintenance contractors.
• The ability for the pump stations and irrigation central controls to be connected electronically to maximize efficiency during each irrigation cycle. This can result in reducing water and electricity usage.
• Reduce costly repairs and down time.
• Improve water pumping efficiency to better control and conserve water. • Improve filtering ability with upgraded filters to better control irrigation and conserve water.

Item 1J - Page 4
City Council Staff Report
November 9, 2023 -- Page 5
Approve Tahquitz Creek Golf Course Pump Station Replacement Project • Improve electrical efficiency with using high-efficiency motors. • Improve the health of the course lakes with reliable and consistent water feature operation.

STAFF ANALYSIS:

In June of 2022, Century Golf Partners (Century) reached out to the City notifying them of the necessity to replace the Sonora and Oasis pump stations. After review of the existing conditions, staff and Century determined the initial steps in this process would be to hire an irrigation consulting firm to design the pump stations replacement project.

Century entered into a services agreement with EC Designs for the design and bidding of the pump stations replacement project.

Century works diligently to secure the best pricing available in the golf industry. Their ownership and association with over 80 golf properties provides a strategic position with which they aggressively negotiate corporate-pricing agreements every other year with the most qualified equipment providers in the industry. As such, they are able to extend their leveraged corporate pricing discounts to the benefit of the City so that the best overall value for the expenditure of public funds can be obtained. Century is allowed as the operator of the golf course to obtain pricing for the replacement pump stations. The pricing is then reviewed by City staff to ensure the lowest quotes are being selected to fulfill the need.

Century solicited bids for replacement of the Sonora and Oasis pump stations based on EC Designs specifications. Two bids were received as follows:

Vendor Bid
Rain Bird $1,112,977.99
Watertronics $1,147,129.00
After receiving the bids, staff recommends replacing both pump stations with Rain Bird pump stations through the local distributor High Tech Irrigation Inc.; the bid summary is included as Attachment B. The advantages to replacing both stations at the same time include:
• Savings in contractor mobilization and staging.
• Volume discounts from the manufacturers.
• Cost savings on future price increases.
• Install waterfall pumps on each skid to re-plumb. This will bring all the components above ground for safety and ease of servicing.
• With the purchase of two Rain Bird pump stations, Rain Bird will also supply 48 sprinklers at no charge.

Item 1J - Page 5
City Council Staff Report
November 9, 2023 -- Page 6
Approve Tahquitz Creek Golf Course Pump Station Replacement Project ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff has determined that Tahquitz Creek Golf Course pump stations replacements are considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 2, Community Infrastructure.

FISCAL IMPACT:

This action will appropriate $1,112,977.99 to the Golf Fund to facilitate the replacement of the Tahquitz Creek Golf Course pump stations.

REVIEWED BY:

Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Pump Station Bid Summary
Item 1J - Page 6

ATTACHMENT A

Item 1J - Page 7
Item 1J - Page 8

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
High Tech Irrigation, Inc.

Address of Entity (Principle Place of Business)
80-975 Indio Blvd. Bldg A., Indio, CA 92201
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entitv also reaistered in California? n Yes n No Type of E!"tity
Ix] 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 entit,y Trevor Brady Ix] Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
• other
Bob Ferre D Officer D Director D Member Ix! 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

Page 1 ends

(Revised 09 13 18)
Item 1J - Page 9

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

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

Brad Dixon 100%, High Tech Irrigation, Inc.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl

0. [name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

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

Signature of Disclosing Party, Printed Name, Title Date Bob Maf!aoer 10/30/2023
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Page Z ofZ

ATTACHMENT B
Item 1J - Page 10
Century Golf Partners Management, LP, 5430 LBJ Freeway, Suite 1400, Dallas, Texas 75240 Tel: 972-419-1400 Fax 972-419-1450
www.centurygolf.com www.palmergolf.com
Tahquitz Creek
Pump Station Bid Summary
June 7, 2023
Summary
Tahquitz Creek Golf Resort “Legends” and “Resort” Golf Courses use two pump stations to supply water to the golf course irrigation systems. We refer to the stations as the “Sonora” and “Oasis” stations.

Unfortunately, we have a very serious situation at the course requiring immediate attention to continue confidently operating the facility. The pump stations are the backbone of the irrigation system at the course. Without them, we are unable to water the golf course and eventual turf loss is inevitable.

The pumps stations are over 20 years old. They are past their useful life and face structural and operational failures, which could be detrimental to course conditions, major turf loss and loss revenues. Last year alone, we experienced failures such as an inoperable PLC (power logic control) on the Sonora station. The PLC controls all operations of the pump station and without this computer, renders them almost useless. While the Sonora station is the highest priority to replace, both stations are experiencing excessive wear / tear and mechanical failures. The age of the components are also creating a dire situation in predictable operation. The filters leak excessively and are not currently being used which causes debris to enter the irrigation system and create watering issues of sprinklers not turning on or getting stuck on.

Item 1J - Page 11
Century

GOLF PARTNERS GOLF MANAGEMENT
The metal skids on which the pump stations sit, are both failing due to excessive rust. This is a safety issue for daily maintenance / operation for both employees and pump maintenance companies (contractors). The failure of these skids will cause unrepairable damage to the pump stations as components shift or fall into the wet well.

The first step in replacement was to hire an irrigation-consulting firm to design and secure pump station bids. EC Design Group (https://ecdesigngroup.com/) is serving this purpose. Two national pump station companies are providing bids based on their ability to meet the bid specifications, longevity in the golf course irrigation industry and the ability for their control panels to interact with the current irrigation control system central computer.

Background and Information
Sonora Pump Station:

Oasis Pump Station:

Item 1J - Page 12
Structural failure is evident in the above pictures and inefficiencies occur from old and worn components in both the controls and pumping mechanisms. Both stations base skid plates are rusted beyond repair to the point where components are in danger of falling into the wet well.

This is also a safety issue for employees or contractors who are performing daily and routine maintenance or operation.

Each pump station utilizes self-cleaning filters to remove particles from the irrigation water to reduce clogging sprinklers, which can waste water. These filters are operating in bypass mode due to consistent failure.

Near each pump station is a waterfall feature pump. These pumps are located in under-ground vaults that require a technician to enter for service. During failure (or storm events), these vaults can fill with water causing equipment malfunctions and create dangerous environments for people when servicing creating yet another safety issue. Currently both water pumps either fail often or are under-performing due to their location and age of equipment. In addition to aesthetically pleasing waterfalls, the water circulation improves the lake environment health by providing circulation and additional oxygenation.

In addition to reducing risks from pump station failures, the advantages of installing new pump stations include:
 Improve safety of daily operation of the irrigation system for employees and repair/maintenance contractors.
 The ability for the pump station and irrigation central control to be connected electronically to maximize efficiency during each irrigation cycle. This can result in reducing water and electricity.
 Reduce costly repairs and down time from aging equipment.  Improve water pumping efficiency to better control and conserve water.  Improve water filtering ability with upgraded filters to better control and conserve water.  Improve electrical efficiency with using high-efficiency motors.  Improve overall irrigation efficiency via linking the pump station control panel to the irrigation central control computer to maximize irrigation cycles in real-time.

Item 1J - Page 13
 Improve the health of the course lakes with reliable and consistent water feature operation.

Notes
 Century Golf Partners has National Account Buying Agreements with both pump station manufactures. These agreements include rebates that will be passed directly back to the City of Palm Springs, either at the time of purchase or at the end of the year (based on manufacturer). Rebate calculations are estimates on equipment (not labor) only.  The current waterfall pumps for both pump stations are located in underground vaults.

This bid includes abandoning these dangerous and often inoperable pump setups and installing pump motors to inside the pump stations. This will allow easier and more efficient preventative maintenance of the waterfall pumping systems.

Recommendation
EC Design Group has completed the pump station design and bidding process for the Sonora pump station replacement. Originally, we focused on the Sonora station for replacement, but since we had a design firm onsite, it made sense to evaluate both stations. We understood the Oasis station would require replacing in the very near future, so we requested both stations bid to recognize economies of scale. The pricing to replace pump stations in the future shows no signs of decreasing with supply chain issues and market demand. The timeframe for replacing a pump station is currently 28 weeks, which is likely to cause major turf loss should the Oasis station fail and the time it would take to install a new one. The stations also include new waterfall pumps and transfer lines as part of the pricing.

After receiving the bids, we recommend replacing both pump stations with Rain Bird pump stations. There are advantages to replace both stations at the same time:
 This provides savings in contractor mobilization and staging.  This provides volume discounts from the manufacturers.  This provides cost savings on future price increases.  Take advantage of financing if applicable.
 Install waterfall pump on each skid (included in bids) and re-plumb. This will bring all the components above ground for safety and ease of servicing.  With the purchase of two Rain Bird pump stations, Rain Bird will also supply 48 sprinklers (estimated list price of over $24,000) at no charge.

Pump Station Watertronics Rain Bird
Sonora and Oasis Pump Stations (includes install, tax and rebates) 1,007,129.00 $ $ 972,977.99 Waterfall transfer lines (estimate for install) $ 40,000.00 $ 40,000.00 Contingency (10%) $ 100,000.00 $ 100,000.00
$ 1,147,129.00 $ 1,112,977.99
Variance $ (34,151.01)
48 Rain Bird Rotors at no charge (List Price) $ (24,000.00) Total Value $ (58,151.01)
Item 1J - Page 14
+
1 Obviously, in the desert, the ability to water a golf course is critical to operations. Lead times for pump stations are exceeding 28 weeks once an order is final.

We recommend moving forward immediately to secure a 2023 install.

Attachments:
1) EC Design Recommendation
2) Sonora Waterfall Transfer Line Design Example
Item 1J - Page 15
Item 1J - Page 16
E
ERIK CHRISTIANSEN DESIGN GROUP, LTD.

Main Office
400 - 5th Street
West Des Moines, IA 50265
Phone: (515) 225-6365
Fax: (515) 225-6366
Irrigation Memorandum
To: Bryan Stromme I Date: I June 6, 2023
From: Larry Collins
RE: Tahquitz Pump Stations
In December of 2022 I visited Tahquitz to review the status of the Oasis and Senora pump stations. Both stations were in disrepair and not running efficiently. After consulting with Bryan Stromme and the staff at Tahquitz we were able to get a good history of the challenges each station presents daily. We were also able to determine that each station was past the point of repair. It is our recommendation to replace both pump station to ensure pumping reliability during irrigation cycles.

AN IRRIGATION CONSULTING & WATER MANAGEMENT FIRM
www . ecdesigngroup.com
Item 1J - Page 17 TAHQUITZ CREEK GOLF RESORT
=
SHEET
Ll-0
Ll-1

DESCRIPTION
COVER

SITE IRRIGATION PLAN

TAHQUITZ CREEK

PALM SPRINGS

1. THE CONTRACTOR SHAU. BE RESPONSIBLE FOR THE REVIEW OF THE ABOVE ANO ANY OTHER PLANS THAT PERTAIN TO THE COORDINATION OF THE IRRIGATION CONSTRUCTION, WHETHER THEY BE NOTED OR NOT.

2. IRRIGATION PLANS AND SPECIFICATIONS ARE DIAGRAMMATIC IN NATURE AND ARE NOT A UST OF INSTRUCTIONS FOR CONSTRUCTION, BUT RATHER TO ILLUSTRATE A DESIGN INTENT. THEREFORE ANY AND ALL CHN-IGES, CONFLICTS,

DISCREPANCIES, OMISSIONS, ANO QUESTIONS SHOULD BE BROUGHT TO THE ATTENTION OF THE SAID IRRIGATION CONSULTANT DURING THE BIDDING ANO CONSTRUCTION PERIOD IN WRmNG. t7 11, 1r11~
l-
-
"'
g
"' 0
t:!
:::,
fl
_______________________ _jef) •
Item 1J - Page 18 1t ·••
• '

SITE IRRIGATION PLAN
SCALE: 1 • 1tu -u

IBBIGAJIPN LEGENQ
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M\NUFACTURER(MODEL,pESCf!PUON
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----lrrlgalionMalnline:HOPEPE~710DR17
NOTE: M Ousmtiee /1,n. For Rel81'9f1Ce Only. Cortmctor Reaponslble ForActualBid Col.l"lt&An::IToCortlnnActualPipe AndActulllPipeSleevel.engthsWlthS~edAerillle.

CAST IRON VALVE DETAIL· MJ
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--------------------------------------------------------~

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

SECOND READING AND ADOPTION OF ORDINANCE NO. 2088, APPROVAL OF

THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL CODES (CASE 5.1466 ZTA)
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2088, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM

SPRINGS MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE

5.1466 ZTA).”
Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2088,

APPROVAL OF THE ANNUAL UPDATE OF THE PALM SPRINGS
ZONING AND MUNICIPAL CODES (CASE 5.1466 ZTA)
FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:

This is the second reading of an ordinance approving the annual update of the Palm Springs Zoning Code (PSZC) and Municipal Code (PSMC). The proposed update will make minor corrections to the text of the zoning ordinance, clarify zoning regulations, add or correct definitions, make corrections and additions to the list of permitted uses, and correct discrepancies in regulations. No major policy changes are proposed as part of this annual update. It is intended that staff will conduct an annual update of the zoning code once each calendar year.

RECOMMENDATION:

OF THE PALM SPRINGS MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND
DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”
STAFF ANALYSIS:

On September 14, 2023, Ordinance No. 2088 was introduced for first reading, as noted below:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to 1) open the public hearing and receive public testimony; and, 2) introduce by title only and waive further reading of Ordinance No. 2088 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING Item 1K - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Second Reading & Adoption – Ordinance No. 2088
VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS

MUNICIPAL CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).” City Attorney’s Summary: This Ordinance provides for a technical update to certain terms, standards and regulations of the Palm Springs Municipal Code as part of an annual process to clarify certain provisions and to keep the City’s zoning, building and development standards up to date. The proposed changes have been identified by staff and the City Attorney in working with and applying these regulations. No major policy changes are proposed as part of this annual update.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Brenda Pree
Department Director: Chris Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2088
B. City Council Meeting Minutes of September 14, 2023
Item 1K - Page 2

ATTACHMENT A
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ORDINANCE NO. 2088

AN ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES
2, 5, 8, 9 AND 11 OF THE PALM SPRINGS MUNICIPAL

CODE AND VARIOUS SECTIONS OF THE PALM SPRINGS
ZONING CODE (CHAPTERS 91-94), AS PART OF AN
ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE
AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).

City Attorney’s Summary
This Ordinance provides for a technical update to certain terms, standards and regulations of the Palm Springs
Municipal Code as part of an annual process to clarify certain provisions and to keep the City’s zoning, building and
development standards up to date. The proposed changes
have been identified by staff and the City Attorney in working with and applying these regulations. No major policy changes are proposed as part of this annual update.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and
D. On June 28, 2023, the Planning Commission conducted a duly noticed public hearing to consider Case 5.1466 ZTA, an ordinance proposing technical corrections and additions to the Municipal Code and, by a vote of 6 to 0, adopted a resolution recommending approval of the Zoning Text/Municipal Code Amendment to the City Council; and
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E. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text/Municipal Code Amendment was given in accordance with applicable law; and
F. On September 14, 2023, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a 5 to 0 vote, the City Council adopted the Zoning Text/Municipal Code Amendment; and
G. The proposed Zoning Text/Municipal Code Amendment Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text/Municipal Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this Zoning Text/Municipal Code Amendment, the City will conduct CEQA review as required by law; and
H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text/Municipal Code Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and
I. The City Council hereby finds that approval of the proposed Zoning Text/Municipal Code Amendment would:

1. Correct technical discrepancies in Zoning and other Municipal Codes land use and development regulations;

2. Align language in the Zoning and Municipal Code with other recent code amendments;

3. Bring certain Zoning and Municipal Code requirements into conformance with State law;

4. Implement goals and policies of the General Plan as they relate to land use issues; and

5. Assist staff, elected and appointed officials, and the general public in interpreting and applying Zoning and Municipal Code land use and development regulations.

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

SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Amend Section 2.29.010 of Chapter 2.29 of the Palm Springs Municipal Code to remove a reference to Development Services Department as follows:

2.29.010 Created.

Pursuant to Section 65100 et seq. of the California Planning and Zoning Law, there has been and hereby is established for the city a planning agency, consisting of a planning department, a planning commission, and the city council acting in combination. The planning commission consists and shall consist of seven members, serving without compensation, and appointed in the manner and for the terms prescribed in Sections 2.04.060 and 2.06.010 respectively, of this code. It shall have the powers, functions and duties prescribed in the Planning and Zoning Law and in the Palm Springs zoning ordinance and in this code and other local ordinances, provided that it shall not exercise any direct contracting authority as specified in Section 65007 of the planning and zoning law.

SECTION 3. Amend Section 2.60.070(B) of Chapter 2.60 of the Palm Springs Municipal Code to rescind and replace references to Development Services Director and City Clerk as follows:
(B) The Planning Director and the City Clerk shall at all times use and apply their best efforts to affect and ensure the City’s prompt compliance with subdivision (A) of this section 2.60.070.

SECTION 4. Amend Section 5.34.060 of Chapter 5.34 of the Palm Springs Municipal Code to rescind and replace references for massage establishment permits as follows:

5.34.060 Application for massage establishment permit.

Every applicant for a permit to maintain, operate, or conduct a massage establishment shall file an application under oath with the City Manager upon a form provided by said collector and pay a non-refundable annual permit fee in such amount, as established by resolution of the City Council. Permittees who have already paid the permit fee for the current period shall not be required to pay an additional fee hereunder. The application, once accepted, shall be referred to the chief of police for investigation. Copies of the application shall within five days also Item 1K - Page 6
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be referred to the building and safety department, fire department, the health department, and the planning department. The departments shall within thirty days inspect the premises proposed to be operated as a massage establishment and shall make written verification to the City Manager concerning compliance with the codes of the City that they administer. The application shall further be referred to the police department for investigation of the applicant’s character and qualifications. Each application shall contain the following information:
. . . .

SECTION 5. Amend Section 5.38.195(2) of Chapter 5.38 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:
(2) Valets must post a sign during their business hours at each location where they take possession of vehicles. The sign must identify the names, address and telephone number of the operator and the hours of operation. The sign must be approved in advance by the Planning Director.

SECTION 6. Amend Section 5.55.140(C) of Chapter 5.55 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

C. Prior to commencing operations, an Adult-Use Cannabis Business must obtain a certification from the Planning Director certifying that the business is located on a site that meets all of the requirements of the City’s Zoning Ordinance.

SECTION 7. Amend Section 5.81.040 of Chapter 5.81 of the Palm Springs Municipal Code to rescind references to Development Services Department and replace with Planning Department as follows:

5.81.040 Procedure.
(a) Prior to any action by the Public Arts Commission, the Planning Department shall send notice of such application to all property owners within 500 feet of the location of the mural at least 10 days prior to the Public Arts Commission consideration of the mural. No mural shall be permitted until the Planning Department has certified that notification has been completed. (b) The Planning Department shall submit the application to the Public Arts Commission who shall review the proposal, solicit public comment, and make a recommendation to the City Council based on the artistic merit and execution of the proposed art.

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(c) The Planning Department shall submit the application to the City Council for authorization.
(d) For a proposed mural on any Class 1 historic site, the application shall be referred to the Historic Site Preservation Board for recommendation prior to authorization by the City Council.

SECTION 8. Amend Section 8.04.402(b) of Article IV of Chapter 8.04 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:
(b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of twenty thousand dollars, whichever is less. The undergrounding of utilities may be waived or deferred by the Planning Director under the following circumstances: (i) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (ii) if there are alternative methods of accomplishing the undergrounding; or (iii) there is limited public benefit to the undergrounding.

SECTION 9. Amend the definitions of “Department” and “Director” in Section

8.05.020 of Chapter 8.05 of the Palm Springs Municipal Code to revise as follows:
. . . .
“Department” means the Department of Planning Services, unless otherwise specified herein.
“Director” means the Director of the Department of Planning Services, or their designee, unless otherwise specified herein.
. . . .

SECTION 10. Amend Section 8.40.030 of Chapter 8.40 of the Palm Springs Municipal Code to replace references to Development Services Director with Planning Director as follows:

8.40.030 Processing time limits.

It shall be the responsibility of the Planning Director or the director’s designee to inform a transportation demand management applicant as to the completeness of the application within thirty days of filing the application. Once the application is Item 1K - Page 8
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accepted as complete, the Planning Director shall either approve or deny the application within sixty days.

SECTION 11. Amend Section 8.40.035 of Chapter 8.40 of the Palm Springs Municipal Code to replace references to Development Services Department with Planning Department as follows:

8.40.035 Filing procedure and evaluation.
(a) A request for TDM approval shall be made through application forms provided by the Planning Department. The application for such approval shall be filed with the Planning Department within thirty days of the issuance of a certificate of occupancy.
(b) A processing fee shall be paid at the time the completed application is filed with the Planning Department. The fee shall be as adopted by resolution of the city council.
(c) An application for TDM review shall be supplemented by plans and other pertinent information to adequately address all applicable aspects of a proposal. (d) The Planning Department shall review applications and approve, conditionally approve or deny the application and shall assure conformity with the chapter.

SECTION 12. Amend Section 9.60.080(1) of Chapter 9.60 of the Palm Springs Municipal Code to replace a reference to Development Services Department with Planning Department as follows:
(1) One copy each of the forms described in Section 9.60.070 shall be forwarded to the Planning Department.

SECTION 13. Amend the definition of “Director” in Section 9.61.020 of Chapter

9.61 of the Palm Springs Municipal Code as follows:
. . . .
“Director” means the Director of the Planning Department, or their designee. . . . .

SECTION 14. Amend Section 9.62.055(E)(14)(c) of Chapter 9.62 of the Palm Springs Municipal Code to rescind and replace owner occupancy criteria for urban lot splits completed by a non-profit corporation as follows:
(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit Item 1K - Page 9
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stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved. This occupancy requirement does not apply to approvals obtained by a qualified nonprofit corporation (as defined by Gov. Code § 214.15).

SECTION 15. Amend Section 9.63.070(14) of Chapter 9.63 of the Palm Springs Municipal Code to rescind a reference to Development Services Department and replace with Planning Department as follows:
(14) Each street shown by its existing actual and/or proposed street name.

Street names or approval of proposed names shall be coordinated with the Planning Department before submittal;
SECTION 16. Amend the title of Section 9.63.200 of Chapter 9.63 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

9.63.200 Authority of Planning Director.
. . . .

SECTION 17. Amend Section 11.74.044(1) of Chapter 11.74 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:
. . . .
(1) All noise measurements shall be made using a sound level meter meeting ANSI standard specifications for Type I equipped with Bruel and Kjaer Windscreen (Model No. UA 9237 or 0207) and calibrated to standards of National Bureau of Standards, or other instrumentation as approved by the Planning Director. The specific instrumentation used shall be described in the noise report.
. . . .

SECTION 18. Amend Section 11.74.044(10) of Chapter 11.74 of the Palm Springs Municipal Code to rescind a reference to Development Services Director and replace with Planning Director as follows:

(10) If the Planning Director determines that any data provided in the noise report is inconsistent or inadequate, a supplemental noise report prepared by an independent acoustical consultant may be required.

SECTION 19. Amend Section 11.80.090(d)(2)(C) of Chapter 11.80 of the Palm Springs Municipal Code to rescind a reference to Development Services Department and replace with Planning Department as follows:

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(C) The Planning Department has determined that the vehicle or part thereof is a public nuisance presenting an immediate threat to public health or safety; SECTION 20. Amend Section 14.16.410 of Chapter 14.16 of the Palm Springs Municipal Code to rescind and replace certain standards for mailboxes in rights-of-way as follows:

14.16.410 Mailboxes in rights-of-way.

No permit pursuant to this chapter need be obtained for the placing and maintaining of a mailbox within a public right-of-way so long as such mailbox and its placement comply with the rules and regulations of the United States Post Office Department, and also the following regulations:
(1) Mailboxes and containers for the collection and storage of mail shall be so placed or maintained as to not endanger the life or safety of pedestrian traffic or inhibit the flow of vehicular traffic, irrespective of when such situation should first come into existence;
(2) There will be a four-foot (4’) wide clearance for ADA purposes around the mailbox as may be deemed necessary by the City Engineer or designee.

SECTION 21. Amend Section 15.14.010(b)(2) of Chapter 15.14 of the Palm Springs Municipal Code to rescind and replace the approval authority of sewer exemptions as follows:
(2) An exemption may be granted by the city engineer in any case where the development involves a single-family dwelling on a lot of record and the distance from the lot line to the public sewer is greater than five hundred feet. Although such an exemption is granted, the maximum residential connection fee shall be paid prior to the issuance of a building permit. At the time of eventual connection of a dwelling given initial exemption under the terms of this subsection, any portion of the maximum residential connection fee that has been paid which is found to exceed the sewer connection fee schedule of charges currently applicable at the time to residences shall be refundable.

SECTION 22. Amend Section 15.14.010(b)(3) of Chapter 15.14 of the Palm Springs Municipal Code to rescind and replace the approval authority of sewer exemptions as follows:
(3) An exemption may be granted by the city manager in any case where unusual topographical or other terrain conditions exist which make the Item 1K - Page 11
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connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to provide to the city manager such as data or proof as the manager deems necessary, including but not limited to engineering cost estimates and feasibility reports, to substantiate any such application.

SECTION 23. Amend Section 91.00.09(A) (“Enforcement”) of Chapter 91 of the Palm Springs Zoning Code to correct references to department directors as follows:

A. The Police Chief, Planning Director, City Clerk and all officials charged with the issuance of licenses or permits, shall enforce the provisions of this Zoning Code.

SECTION 24. Amend Section 91.00.10 (“Definitions”) of Chapter 91.00 of the Palm Springs Zoning Code to rescind and replace the definitions of “Department” and “Director” as follows:
. . . .
“Department” means the department of planning services, unless otherwise specified herein.
. . . .
“Director” or “Planning Director” means the Director of the department of planning services of the City of Palm Springs or the City Manager’s designee. . . . .

SECTION 25. Amend Section 92.01.03(B)(6) (“Property Development Standards”) of Chapter 92 of the Palm Springs Zoning Code to rescind and replace garage/carport setback standards as follows:

6. Garages/Carports. Garages shall be located not less than twenty-five (25) feet from the property line abutting the street from which such garage has vehicular access or twenty-five (25) feet from the opposite side of the alley from which such garage has vehicular access. In the R-1-E zone, garages shall be located not less than twenty (20) feet from the front and side front property lines. Garages may be detached from the main building in the R1-A, R-1-AH and hillside areas only.

SECTION 26. Amend Section 93.01.01 of Chapter 93 of the Palm Springs Zoning Code to rescind and replace standards for tennis courts to include other private sport courts as follows:

93.01.01 Private tennis courts and sport courts.

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This section is intended to provide for the regulation of non-commercial sport courts, including but not limited to those used for tennis, pickleball, basketball and volleyball within residential zones of the city.

A. Courts may be allowed, subject to the following conditions:

1. Single-family Zones.
a. No courts shall be allowed within any yard or setback area. b. A six (6) foot high solid masonry wall shall be installed on the property line between the court and adjacent property. Landscape, which screens the court fence, shall be installed within the setback area.
c. The height of any court fence shall not exceed ten (10) feet above the court surface.
d. The surface level of the court shall be established at the lowest elevation of the natural terrain or lower.
e. Plans and minor architectural approval application, including plot plan, grading plan, landscape plan, shall be submitted to the Department for approval pursuant to Section 94.04.00. Courts located in hillside areas, as defined in Section 93.13.00, shall be reviewed by the planning commission. For all other locations, the Director may approve proposed courts.
f. Night lighting of courts may be allowed under conditional use permit approval by the planning commission in accordance with Section 94.02.00; and provided, the above-listed conditions (subsections (A)(1)(a) through (A)(1)(e) of this section) have been met. In addition, the following development standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed twelve (12) feet at the setback line. A maximum of five (5) light standards (fixtures) shall be permitted on each side of the court. The light fixture height shall be measured from natural grade.
ii. The light beam shall not extend off the subject property.

Lighting levels, measured at the property line, shall not be increased more than one (1) footcandle above the ambient light level.
iii. Lighting shall not be greater than four hundred (400) watts per fixture.

2. All Other Zones, Including Multi-Family Residential. a. No courts shall be allowed within any yard or setback area. b. No more than thirty (30) percent of the requirement for usable landscaped open space and outdoor living and recreation shall be devoted to tennis court development.
c. A six (6) foot high solid masonry wall shall be installed on the Item 1K - Page 13
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property line between the tennis court and adjacent property.

Landscape, which screens the court fence, shall be installed within the setback area.
d. The height of any court fence shall not exceed ten (10) feet above the court surface.
e. The surface level of the court shall be established at the lowest elevation of the natural terrain or lower.
f. Any proposed or existing development proposing courts shall require architectural approval of the total site by the planning commission pursuant to Section 94.04.00. Plans, including plot plan, grading plan, landscape plan, lighting diagram, light specification, neighboring property diagram, and application, shall be submitted to the Department. Where an existing development is proposing to add a court(s), a minor architectural approval application shall be filed. g. Night lighting fixtures of courts must maintain a sixty (60) foot setback from property lines. In addition, the following development standards shall be complied with:
i. The height of the proposed light fixtures shall not exceed eighteen (18) feet. The light fixture height shall be measured from natural grade.
ii. The light beam shall not extend off the subject property.

Lighting levels, measured at the property line shall not be increased more than one (1) footcandle above the ambient light level.
iii. Lighting shall not be greater than one thousand (1000) watts per fixture.

B. In cases where one (1) or more of the above conditions (except subsection (A)(1)(f) of this section which will be applied in all cases) cannot be met, courts may be allowed under conditional use permit approved by the planning commission in accordance with Section 94.02.00.

SECTION 27. Amend Section 93.02.00(E) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace references and standards for wall/fence heights in subparagraphs (2), (5) and (6) as follows:

E. Height Standards.
. . . .

2. Except as otherwise provided in this section, all walls and fences in any front yard and side front yard may not exceed four and one-half (4 ½) feet in height (Exhibit D), except as otherwise permitted by the “C-M,” “M-1-P,” “M-1” and “M-2” zones, Sections 92.15.03(E),

92.16.03(E), 92.17.03(E) and 92.17.1.03(E). In the corner cutback area, the height of walls, fences and landscaping may not exceed Item 1K - Page 14
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three and one-half (3½) feet above the nearest street pavement surface (Exhibit A).
. . . .

5. Where lots back up to or side on a fairway, walls, fences or hedges not to exceed a height of five (5) feet may be installed on the rear or side property line. When a lot sides on an entrance to a fairway in such a manner that the normal private yards are exposed to the street, a six (6) foot high wall, fence or hedge may be constructed; provided, it is reduced to a maximum of five (5) feet in height within twenty (20) feet of the rear property line.

6. In order to protect private property, the Director may approve a fence over six (6) feet in height along a golf course fairway at the setback line, provided the fence complies with the following regulations:
a. In no case shall the fence be higher than fifteen (15) feet, or the height of the main building on the subject property. Whichever is less shall apply;
b. The fence shall be composed of chain-link or other appropriate material completely open for light and air;
c. The fence shall be set back from all buildings on adjoining property a distance equal to its height;
d. The fence shall be painted a color that will cause it to become a part of the background. To further soften its appearance, the base of such fence shall be landscaped with screen-type shrubs for a height of at least three (3) feet.
. . . .

SECTION 28. Amend Section 93.02.00 of Chapter 93 of the Palm Springs Zoning Code to delete “Exhibit E Golf Course Fairway Lots” and the associated graphic from the end of Section 93.02.00.

SECTION 29. Amend Section 93.23.17(C)(1)(d) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace criteria for common interest development for moderate income units, adding for rent units as a development eligible for density bonus and incentives, as follows:
d. Common interest development with moderate income restricted affordable units, for sale or for rent. A common interest development that includes at least ten (10) percent of its units for moderate income households either for sale units or for rent, shall be granted the following:
i. Density bonus….

SECTION 30. Amend Section 93.23.17(C)(1)(g) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace references within the text to C.1.d, as follows:

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g. Child care facility included with a housing development project. A housing development project, which conforms to the requirements of subsections C.1.a (Housing Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development with Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale or for Rent), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons) of this section, and includes a child care facility located on the premises of, as part of, or adjacent to, the project, shall be granted one of the following:
i. An additional density bonus that is, for purposes of calculating residential density, an increase in the floor area of the project equal to the floor area of the child care facility included in the project; or ii. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

SECTION 31. Amend Section 93.23.17(C)(2)(a)(ii)(A) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace references within the text to C.1.d, as follows:

A. The proposed development, inclusive of the units replaced pursuant to this subsection, contains affordable units at the percentages required in subsections C.1.a (Housing
Development with Low Income Restricted Affordable Units, for Sale or for Rent), C.1.b (Housing Development Very Low Income Restricted Affordable Units, for Sale or for Rent), C.1.c (Market Rate Senior Housing, for Sale or for Rent), C.1.d (Common Interest Development with Moderate Income Restricted Affordable Units, for Sale or for Rent), or C.1.e (Housing for Transitional Foster Youth, Disabled Veterans, or Homeless Persons); or
SECTION 32. Amend Section 93.23.21(E)(9)(c) of Chapter 93 of the Palm Springs Zoning Code to rescind and replace owner occupancy criteria for two-unit projects built by a non-profit corporation as follows:
c. Owner Occupancy. Unless the lot was formed by an urban lot split or the units are constructed by a qualified nonprofit corporation (as defined by Gov. Code § 214.15), the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

SECTION 33. Amend Section 94.02.00(G)(4) of Chapter 94 of the Palm Springs Item 1K - Page 16
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Zoning Code to rescind and replace time limit requirements for Conditional Use Permits as follows:

4. If the time limit for development expires and development has not commenced, or the use permitted by the conditional use permit does not exist or was not commenced within twenty-four months of its approval, the conditional use permit shall be subject to revocation by the Planning Commission, after holding a noticed public hearing. An extension of time may be approved pursuant to the requirements of Section 94.12.00.

SECTION 34. Amend Section 94.03.00(D)(2)(f) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace open space development standards for Planned Development Districts as follows:
f. Open Space Requirements. Open space for planned districts shall be equal to or greater than the minimum open space requirement for the comparable zone in which the planned development district is located, except mediumand high-density residential developments may be modified as described below. Recreational areas, drainage facilities and other man-made structures may be considered to meet a part of the open space requirements, where such facilities provide recreational opportunities for residents or are enhanced with landscape treatments that adequately screen the facilities.
i. Natural Features. Protection of natural landscape features such as watercourses, sensitive land area, existing native vegetation, wildlife, unique topographical features, and views shall be required. Open spaces shall be integrated into the overall design of the project. ii. Open Space for Commercial/Industrial Uses. The percentage of open space for commercial, industrial and mixed uses shall be determined by the development plan approved by the City Council, and shall include features such as plazas, pocket parks, or other similar features where feasible.
iii. Open Space for Residential Uses. At the discretion of City Council after recommendation from Planning Commission, the maximum lot coverage and minimum open space standards may be modified for projects providing affordable housing within medium- and highdensity residential zones (R-2, R-3, R-4). Of the total required open space area, a maximum of 50% may be designated as private open space. The remainder of the required open space area shall be designated as common open space.

SECTION 35. Amend Section 94.03.00(G)(1) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace modification criteria for Planned Development Districts as follows:

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1. Minor Modifications. Minor modifications to the approved preliminary development plan or final development plan may be approved by the Director, or may be referred to the Planning Commission for approval at the discretion of the Director. Minor modifications may include any of the following:
a. Reduction in the number of units or overall building square footage by no more than 10%;
b. Increase in the number of units by no more than 10%, provided the unit count remains in compliance with the general plan and there are only negligible increases to the building form and square footage;
c. Minor adjustments to building footprints or building setbacks, provided conformance is maintained to perimeter setback requirements;
d. Minor adjustments to the configuration of parking areas, provided conformance is maintained to parking requirements; e. Minor adjustments to landscape buffer areas or open space areas, provided lot coverage and open space requirements are maintained;
f. Adjustments to the approved colors or materials specified for the development, provided such adjustments do not materially impact the visual appearance or aesthetic quality of the development;
g. Minor modifications to the list of permitted uses for the planned development district, provided such modifications do not materially change the intent of the planned development district.

SECTION 36. Amend Section 94.04.00(C)(3) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace criteria for minor architectural review applications to include hillside additions and remodels as follows:

3. Minor Architectural Review. Minor Architectural Review applications which are acted upon by the Director shall include the following:
a. Additions to multifamily, commercial and industrial buildings which do not increase the existing floor area by more than twenty-five percent (25%);
b. Additions and remodels to hillside developments, as specified in PSZC Section 93.13.00(B)(2)(b);
c. Additions to quasi-public buildings which do not increase the existing floor area by more than twenty-five percent (25%);
d. Entrance features and gates above the allowable height; e. Exterior lighting plans;
f. Modifications to exterior colors of commercial, industrial, and quasipublic buildings; Item 1K - Page 18
Ordinance No. 2088

Page 16 ends

g. Revisions to approved landscaping plans for multifamily, commercial and industrial developments; and
h. Tennis courts and sports courts in all zones.

SECTION 37. Amend Section 94.04.00(D) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace appeal filing from City Clerk to Department in application procedures for architectural review in subparagraphs (1)(e) and (2)(c) as follows:

1. Major Architectural Review.
. . . .
e. Appeal. The decision of the ARC shall be final unless appealed to the Planning Commission within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the Department. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the Planning Commission within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the Planning Commission shall be final unless further appeal is made to the City council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.
. . . .

2. Minor Architectural Review.
. . . .
c. Appeal. The decision of the Director shall be final unless appealed to the ARC within fifteen (15) days following the date that the Director issues notification to the applicant of the decision. The appeal shall be in writing and filed with the Department. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. The Director shall schedule the appeal for consideration by the ARC within thirty (30) days following receipt of the appeal request and payment of the appeal fee. The decision of the ARC shall be final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code.

SECTION 38. Amend Section 94.04.00 of Chapter 94 of the Palm Springs Zoning Code to establish an “Effective Date” as paragraph “E” for Architectural Reviews and reenumerate the subsequent paragraphs accordingly:

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E. Effective Date. An Architectural Review approval shall become effective after an elapsed period of fifteen (15) days from the date of the decision of the approval authority.

F. Criteria and Findings.…
SECTION 39. Amend Section 94.04.01(C)(1)(b) of Chapter 94 of the Palm Springs Zoning Code to rescind and replace the list of formal application submittal requirements for Major Development Permit Review applications as follows:
b. Formal Application Submittal. After completing the pre-submittal conference/review, an applicant shall submit a formal Major Development Permit application upon such forms as may be established by the Department, and shall be accompanied by such fees as may be established by the City Council. The application shall be signed and notarized by the property owner or their legal representative. The application submittal shall include the following:
1) A site plan, as approved by the Planning Commission as part of the development permit process;
2) A preliminary grading plan, including cross sections through the site and showing the elevations of abutting parcels;
3) Floor plans;
4) Conceptual building elevations and building sections; 5) A roof plan;
6) A conceptual landscape plan;
7) Conceptual material and color selections;
8) A lighting plan if applicable;
9) Depictions of the location and size of any proposed signage, where appropriate for the development type; and
10) Any other plans or exhibits that may be required by the Director based on the development type or site characteristics.

SECTION 40. Amend Section 94.04.00(E) of Chapter 94 of the Palm Springs Zoning Code to modify the Effective Date for Development Permits as follows:

E. Effective Date. A Development Permit approval shall become effective after an elapsed period of six (6) months from the date of the decision of the approval authority or after the approval of the associated Major Architectural Review application, whichever occurs first.

SECTION 41. Rescind Section 94.08.10 (“Virgin Hotel Development Agreement”) and remove this section in its entirety from the Palm Springs Zoning Code.

SECTION 42. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by Item 1K - Page 20
Ordinance No. 2088

Page 18 ends

reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 43. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.

SECTION 44. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 9TH DAY OF NOVEMBER 2023.

GRACE ELENA GARNER
MAYOR
ATTEST:

BRENDA PREE

CITY CLERK
Item 1K - Page 21
Ordinance No. 2088

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 2088 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on September 14, 2023, and adopted at a regular meeting of the City Council held on November 9, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of November 2023.

BRENDA PREE

CITY CLERK

Item 1K - Page 22

ATTACHMENT B
Item 1K - Page 23
Thursday, September 14, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, September 14, at 5:37 p.m.

PLEDGE OF ALLEGIANCE:

London Murphy-Ritchey, elementary school student, led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

City Staff

Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; Paul Alvarado, Fire Chief; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
• Storm Impacts Presentation by City Manager Stiles, Chief of Police Mills, Fire Chief Alvarado, and Emergency Management Coordinator DeSelms.
• Airport Master Plan Update Presentation by Airport Executive Director Barrett and Eden Hunt Consultant Hayes.
• Convention Center Future Study Presentation by Palm Springs Bureau of Tourism General Manager Hampton and CSL Principal Kaatz.

ACCEPTANCE OF THE AGENDA:

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No. 1U for separate discussion; and recusal from Mayor Pro Tem Bernstein on Consent Calendar Item No. 1P.

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REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of September 14, 2023, was called to order by Mayor Garner at 4:00 p.m.

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to Government Code Section 54956.9(d)(1):

Under existing facts and circumstances, there was one (1) matter.

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

Under existing facts and circumstances, there were two (2) matters.

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

Under existing facts and circumstances, there was one (1) matter.

PUBLIC TESTIMONY:

Greg Roberts, Alejandro Meza Aguilar, Brian Sanchez, Lyzzeth Mendoza, Brad Anderson, Ellis Delahousay, Jhon Luna, Nancy Ferguson, and Alex Cruz provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0 (WITH RECUSAL FROM MAYOR PRO TEM BERNSTEIN ON ITEM NO, 1P), to approve the Consent Calendar with Item No. 1U pulled for separate discussion.

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

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, by motion, find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety, and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public Item 1K - Page 25
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meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

B. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Appoint Dave Banks to the Palm Springs International AirportCommission, effective immediately, to a term expiring on June 30, 2026.

2. Appoint Jase Nagaia to the Parks & Recreation Commission, effective immediately, to a term expiring on June 30, 2026.

3. Accept the resignation of Patricia Pierce from the Administrative Appeals Board effective immediately.

4. Accept the resignation of Stephen Moses from the AdministrativeAppeals Board effective immediately.

5. Accept the resignation of Scott G. Miller from the Palm Springs International Airport Commission effective immediately.

6. Accept the resignation of Katherine Hatch from the Parks & Recreation Commission effective immediately.

C. APPROVAL OF MINUTES:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve the City Council Meeting Minutes of June 29, July 10, and July 24, 2023.

D. DESIGNATION OF THE CITY’S VOTING DELEGATE AND ALTERNATES AT

THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE BUSINESS

MEETING

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to designate Mayor Grace Garner as the voting delegate, and Mayor Pro Tem Jeffrey Bernstein and Councilmember Lisa Middleton as alternate voting delegates, to represent the City at the 2023 League of California Cities Annual Conference Business Meeting and authorize the City Clerk to sign the 2023 Annual Conference Voting Delegate/Alternate Form.

E. ACCEPTANCE OF THE DEMUTH COMMUNITY CENTER LIFE SAFETY IMPROVEMENTS PHASE 2 AND AIR CONDITIONING INSTALLATION, CITY PROJECT NO. 19-14

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Accept the public works improvement, identified as the Demuth Community Center Egress & HVAC Improvements, City Project 19-14, as completed in accordance with the plans and specifications.

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Demuth Community Center Egress & HVAC Improvements, City Project 19-14.

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F. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL AND PLAN REVIEW

SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Agreement No. 23E111 with 4Leaf, Inc.,to provide continued interim building official and plan review services in an additional amount of $100,000 for a total revised contract amount not to exceed $214,400; and authorize the City Manager or designee to execute all necessary documents.

G. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. A9152 WITH UPBEAT

PARADE PRODUCTIONS, INC, FOR ADDITIONAL SERVICES FOR THE

PALM SPRINGS VETERANS DAY PARADE AND THE PALM SPRINGS

FESTIVAL OF LIGHTS PARADE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Agreement No. -A9152 with Upbeat Parade Productions, Inc., to provide additional curated services for the Palm Springs Festival of Lights Parade and the Palm Springs Veterans Day Parade in the amount of $360,000 for a total revised contract amount not to exceed $557,000; and authorize the City Manager to execute all necessary documents.

H. APPROVE AMENDMENT NO. 2 TO NON-EXCLUSIVE OPERATING AND LEASE AGREEMENT NO. A9092 WITH ALCLEAR, LLC DBA CLEAR AT THE

PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Amendment No. 2 to Non-Exclusive Operating and Lease Agreement No.

A9092 (Attachment A) with Alclear, LLC dba CLEAR to increase the terminal leased space commencing on April 1, 2023,through March 31, 2024, at a monthly rental rate of $7,559.56.

2. Authorize the Airport Executive Director to approve up to one one-year extension commencing on April 1, 2024, if mutually agreed upon.

3. Authorize the City Manager or City Manager Designee to execute all documents.

I. PURCHASE OF LIBRARY MAGAZINES AND NEWSPAPERS WITH EBSCO

INFORMATION SERVICES, LLC FOR A FIVE-YEAR, NOT-TO-EXCEED AMOUNT OF $75,000

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to purchase library magazines and newspapers from existing vendor, EBSCO Information Services, LLC, for a term of five years, in the notto-exceed amount of $75,000; and authorize the City Manager to execute all necessary documents.

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J. APPROVAL OF AMENDMENT NO. 1 TO LEASE AGREEMENT NO. A5666

WITH THE GENERAL SERVICES ADMINISTRATION FOR THE

TRANSPORTATION SECURITY ADMINISTRATION TERMINAL OFFICE

SPACE LEASE AT THE PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 1 to Lease Agreement No.

A5666 with theGeneral Services Administration for a five-year lease extension for the TSA terminal office lease of 6,653 square feet, commencing October 1, 2023, through September 30, 2028, generating $904,808 in annual rent; and authorize the City Manager or designee to execute all necessary documents.

K. APPROVE CONTRACT SERVICES AGREEMENT NO. 23B128 WITH SOUTH COAST INDUSTRIAL DOOR, INC. FOR AIRPORT AUTOMATIC ROLLING

GATES AND DOOR REPAIR SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Contract Services Agreement 23B128 (Attachment A) with South Coast Industrial Door, Inc. to provide on-call automatic rolling gates and door repair services at the Palm Springs International Airport in an amount not to exceed $400,000 for the initial three-year term beginning October 1, 2023, through September 30, 2026, with two one-year extension options at the City’s sole discretion; and, authorize the City Manager or his designee to execute all necessary documents.

L. AUTHORIZE THE PURCHASE OF NINE (9) NEW VEHICLES AND

EQUIPMENT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 3 Ford Mustang Mach E electric vehicles in an amount not to exceed $164,611.95.

2. Approve the issuance of a purchase order to National Auto Fleet Group, for the purchase of 6 Ford F-150 XL Hybrid 4WD SuperCrew vehicles in an amount not to exceed $378,005.36.

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

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

M. APPROVE A LICENSE AGREEMENT WITH EBSCO INFORMATION

SERVICES, LLC FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE

AND NEWSPAPER ARTICLES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve a five-year license agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services; and authorize the City Manager to execute all necessary documents.

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N. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 20000738 IN AN AMOUNT NOT TO EXCEED $120,160 WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE CITY OF PALM SPRINGS STORM DRAIN LINE 20, STAGE 3, CITY PROJECT 19-15

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize an increase to Purchase Order No. 20000738 in an amount not to exceed $120,160 with Engineering Resources of Southern California, Inc., an “on-call” civil engineering firm, for post-design and construction supportservices during construction; and authorize the City Manager or designee to execute all necessary documents.

O. APPROVE AGREEMENT WITH LEADS ONLINE FOR THREE YEARS OF

INVESTIGATIVE TOOLS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve a three-year agreement with Leads Online in the amount of $23,698 for investigative tools; and authorize the City Manager to execute all necessary documents in a form approved by the City Manager and City Attorney.

P. A REQUEST BY REN ACQUISITION INC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) TO SELL WINE (TYPE 20 – OFF-SALE GENERAL) AT A WINE BAR AND RESTAURANT, LOCATED AT 175 NORTH PALM CANYON DRIVE (APN: 513-560-043), ZONE CBD (CASE PCN-2023-0007)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 4-0-1 (MAYOR PRO TEM BERNSTEIN RECUSING DURING THE APPROVAL OF THE CONSENT CALENDAR), to Adopt Resolution No. 25139, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF-SALE

BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR A WINE BAR/RESTAURANT LOCATED AT 175 NORTH PALM CANYON DRIVE WITHIN CENSUS TRACT NO. 0446.06.”
Q. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P188 WITH
NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES, INC., FOR CDBG

HOME REHABILITATION PROGRAM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Approve Contract Services Agreement No. 23P188 with Neighborhood Partnership Housing Services, Inc., to provide CDBG home rehabilitation program for a one-year term in an amount not to exceed $412,266 beginning October 1, 2023, through September 30, 2024.

2. Approve the CDBG Owner Occupied Home Rehabilitation ProgramGuidelines.

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

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R. APPROVAL OF AMENDMENT NO. 1 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2023-24 AND FISCAL
YEAR 2024-25

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25140, entitled, “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE ALLOCATED
POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY RESOLUTION NO. 25033;” and, authorize the City Manager to execute all documents necessary to effectuate this action.

S. SECOND READING AND ADOPTION OF ORDINANCE 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26

OF THE PALM SPRING MUNICIPAL CODE REGARDING THE HOTEL

OPERATIONS INCENTIVE PROGRAM

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to waive the second reading of the text in its entirety and adopt Ordinance No. 2087, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.” T. APPROVAL OF AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC. (A6191B), A CALIFORNIA CORPORATION, IN THE AMOUNT OF $831,067.22, FOR THE VISTA CHINO

LOW-WATER CROSSING BRIDGE AT THE WHITEWATER RIVER, CITY PROJECT NO 10-10, FEDERAL AID PROJECT NO. BR-NBIL (513)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 3 in the amount of $831,067.22 to Professional Services Agreement No. 6191B, for a new not-to-exceed amount of $6,479,452.92 with CNS Engineers for the Vista Chino Low-Water Crossing Bridge at the Whitewater River, City Project No. 10-10, Federal Aid Project No BR-NBIL513; and, authorize the City Manager to execute all necessary documents.

U. APPROVE PROFESSIONAL SERVICE AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION PROJECTS 16-08, MAIN
LIBRARY RENOVATIONS, AND 19-18, JC FREY BUILDING
REHABILITATION PHASE 1
This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

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V. AUTHORIZE ISSUANCE OF A LETTER IN SUPPORT OF SENATE BILL 244 –

THE RIGHT TO REPAIR ACT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize issuance of a letter in support of Senate Bill 244, supporting the Right to Repair Act.

W. APPROVE BENEFIT PLAN AND SERVICE AGREEMENTS FOR EMPLOYEE

GROUP HEALTH COVERAGE

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve employee benefit plan and service agreements for group health insurance coverage; and authorize the City Manager and/or designee to execute all documents.

X. AWARD TWO SERVICE AGREEMENTS FOR ON-CALL RECRUITMENT

SERVICES FOR EXECUTIVE STAFF

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to:

1. Award an on-call recruitment services agreement with Mosaic Public Partners LLC for general department recruiting services for executive staff for a term of four years, not to exceed $210,000.

2. Award an on-call recruitment services agreement with Jacob Green & Associates, Inc. for aviation recruiting services for executive staff for a termof four years, not to exceed $168,000.

3. Authorize the City Manager or designee to execute the Agreements.

Y. APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL

AIRPORT

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Amendment No. 2 to Professional Services Agreement No. A7184 with RS&H to retroactively include Task Order No. 11 and Task Order No. 12; and allow the City Manager or designee to execute all necessary documents.

Z. AWARD TWO CONTRACT SERVICES AGREEMENTS FOR COST

ESTIMATING SERVICES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to award two Contract Services Agreements for cost estimating services for various departments to 1) Anser Advisory Consulting, LLC dba Anser Advisory, and 2) MARRS Services, Inc. for amounts not to exceed $400,000 for each agreement for a three-year term as outlined in the Agreements; and authorize the City Manager or designee to execute all necessary documents.

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AA. ACCEPTANCE OF $135,000 IN GRANT FUNDING FROM THE CALIFORNIA

OFFICE OF TRAFFIC SAFETY FOR A SELECTIVE TRAFFIC ENFORCEMENT

PROGRAM TO BE USED TO ENFORCE, EDUCATE, AND BRING AWARENESS

TO THE PUBLIC

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept $135,000 in grant funding from the California Office of Traffic Safetyfor a Selective Traffic Enforcement Program for 2023/2024; and authorize the City Manager to execute all necessary documents.

BB. AUTHORIZE AN INCREASE TO PURCHASE ORDER NO. 22001221 IN AN AMOUNT NOT TO EXCEED $96,820 WITH STANTEC CONSULTING

SERVICES FOR THE WASTEWATER TREATMENT PLANT (WWTP)
DIGESTER NO. 2 GAS FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize an increase to Purchase Order No. 22001221 in an amount notto exceed $96,820 with Stantec Consulting Services, an ‘on-call’ firm for wastewater engineering services during construction; and, authorize the City Manager or his designee to execute all necessary documents.

CC. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT 23P184 TO KIMLEY-HORN AND ASSOCIATES, INC. IN AN AMOUNT NOT TO EXCEED $649,179 FOR DESIGN SERVICES FOR THE DEMUTH PARK DEVELOPMENT PROJECT, CITY PROJECT NO. 21-16

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Professional Services Agreement 23P184 with Kimley-Horn and Associates, Inc. in an amount not to exceed $649,179 for design services for the Demuth Park enhancement project, City Project 21-16; and authorize the City Manager to execute all necessary documents.

DD. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST OPERATING SERVICES, INC. IN THE AMOUNT OF $948,324.50 FOR BARISTO SEWER LINE REHABILITATION, CITY PROJECT 23-15

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to authorize the City Engineer to issue a Notice to Proceed to Veolia Water West Operating Services, Inc. in an amount not to exceed $948,324.50 for the Baristo Sewer Line Rehabilitation, City Project 23-15; and authorize the City Manager to execute all necessary documents.

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City of Palm Springs Page 10
EE. APPROVE INTERGOVERNMENTAL / COOPERATIVE SERVICE
AGREEMENT NO. 23G199 WITH THE UNITED STATES DEPARTMENT OF

AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE

WILDLIFE SERVICES FOR A WILDLIFE BIOLOGIST TO MINIMIZE AND

REDUCE THE THREATS OF WILDLIFE TO HUMAN HEALTH AND SAFETY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to approve Intergovernmental/Cooperative Service Agreement No. 23G199 with the United States Department of Agriculture Animal and Plant Health Inspection Service (APHIS) to provide a federally qualified Wildlife Service (WS) biologist to minimize and reduce the threats of wildlife to human health and safety in an amount not to exceed $434,017.71 for a five-year term beginning October 1, 2023, through July September 30, 2028; and authorize the City Manager or designee to execute all necessary documents.

EXCLUDED CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide architectural design services for an amount not to exceed $1,838,898 for Phase 1 of the project; and authorize the City Manager or designee to execute all necessary documents.

2. PUBLIC HEARINGS:

A. REQUEST BY THE CITY OF PALM SPRINGS FOR APPROVAL OF THE

ANNUAL UPDATE OF THE PALM SPRINGS ZONING AND MUNICIPAL
CODES (CASE 5.1466 ZTA)

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to 1) open the public hearing and receive public testimony; and, 2) introduce by title only and waive further reading of Ordinance No. 2088 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING VARIOUS SECTIONS IN TITLES 2, 5, 8, 9 AND 11 OF THE PALM SPRINGS

MUNICIPAL CODE AND VARIOUS SECTIONS OFTHE PALM SPRINGS ZONING CODE (CHAPTERS 91-94), AS PART OF AN ANNUAL TECHNICAL UPDATE TO THE CITY’S LAND USE AND DEVELOPMENT REGULATIONS (CASE 5.1466 ZTA).”
Item 1K - Page 33
City Council Minutes September 14, 2023
City of Palm Springs Page 11
B. A REQUEST BY THE CITY OF PALM SPRINGS FOR A PROPOSED AMENDMENT TO HISTORIC DISTRICT #1, “THE LAS PALMAS BUSINESS HISTORIC DISTRICT” (“LPBHD”) (CASE HSPB 30; HD-1)

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to open the public hearing and receive testimony and Close the public hearing and adopt Resolution No. 25141 entitled, “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE LAS PALMAS BUSINESS HISTORIC DISTRICT (“LPBHD”) CASE HSPB 30 / HD-1 SUBJECT TO CONDITIONS.”
RECESS/RECONVENE:

The City Council recessed at 7:43 p.m. and reconvened at 7:55 p.m., with all members present.

C. APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION, CANNABIS PERMIT NO. C-2019-096
Appeal of CaliBliss, LLC Conditional Cannabis Expiration, Cannabis Permit No. C-2019-096, was continued.

3. BUSINESS & LEGISLATIVE:

A. APPROVE A SECOND AMENDMENT TO THE LEASE WITH COACHELLA VALLEY ECONOMIC PARTNERSHIP FOR OFFICE SPACE AT 3111 EAST

TAHQUITZ CANYON WAY

MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 2 for the lease with Coachella Valley Economic Partnership for space located at 3111 East Tahquitz Canyon Way, reducing the amount of space they lease and to allow rental credits for property management services (Agreement A6037); and authorize the City Manager to execute all necessary documents.

B. SECOND READING AND ADOPTION OF ORDINANCE NO. 2077 OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM

SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING AND AMENDING CHAPTER 5.48 RELATIVE TO COMMERCIAL SOLICITATION

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY MAYOR GARNER, CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to waive the second reading of text in its entirety, ready by title only, and adopt Ordinance No. 2077, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL

CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN
COMPLIANCE WITH SENATE BILL 946, AND AN AMENDMENT TO CHAPTER

5.48 RELATIVE TO COMMERCIAL SOLICITATION.”
Item 1K - Page 34
City Council Minutes September 14, 2023
City of Palm Springs Page 12
PUBLIC COMMENT:

Zachary Daniel Stone, Jordan Norman, Juan Espinoza, Paul Ortega, and David Rios provided oral testimony. Councilmembers deHarte and Middleton, and Mayor Pro Tem Bernstein provided comments.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

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

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, September 14, 2023, at 8:54 p.m.

Respectfully submitted,
________________________________
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 10/26/2023
Item 1K - Page 35

CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:

AUTHORIZE THE PURCHASE OF 48 NEW VEHICLES
RECOMMENDATIONS:

Approve the issuance of a purchase order to Salinas Lincoln Mercury, Inc, dba My Jeep Chrysler Dodge Ram, for the purchase of 29 Dodge Durango Pursuit Vehicle AWD vehicles in an amount not to exceed $1,844,183.98;

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 1 Ford Expedition XLT MAX 4x4 vehicle; 14 Ford Expedition XLT 4x4 vehicles; and 4 Ford E-350 15-passenger vehicles in an amount not to exceed $1,423,707.00;

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

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF 48 NEW VEHICLES
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 in an amount not to exceed $3,267,890.98. Four new vehicles are for use by the Parks and Recreation Department and 44 are for use by the Police Department, with 20 of those needed for added positions and modified shift coverage. A total of 28 of the new vehicles will be used as replacements for existing vehicles that have reached the end of their useful lives.

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 a purchase order to Salinas Lincoln Mercury, Inc, dba My Jeep Chrysler Dodge Ram, for the purchase of 29 Dodge Durango Pursuit Vehicle AWD vehicles in an amount not to exceed $1,844,183.98;

2. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of 1 Ford Expedition XLT MAX 4x4 vehicle; 14 Ford Expedition XLT 4x4 vehicles; and 4 Ford E-350 15-passenger vehicles in an amount not to exceed $1,423,707.00;

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

BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure forms are included as Attachment A.

Item 1L - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Authorization to Purchase Vehicles
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 to this report. However, in the past economic recession, the City Council suspended regular vehicle replacements, allowing replacements only on an emergency basis. This created a backlog of vehicles that have higher mileage and worn condition and 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 additional cases, new vehicles are required to support additional staff.

The City’s Maintenance and Facilities Departments solicited quotes for the purchase of vehicles and received the following quotes to compare against the national cooperative contract used. In some cases, a local dealer is now offering more competitive pricing:

Cost listed below are on a per-vehicle basis
Vehicles National
Auto Fleet
Group
Mullahey
Chrysler
Dodge Jeep
Ram
My Jeep
Chrysler
Dodge Ram
Fritts Ford
Fleet Center
Fiesta Ford
Durango $61,793.12 $64,284.92 $57,811.41
Expedition MAX $75,762.35 $74,259.00 $73,063.17*
Expedition XLT $75,428.55 $74,268.82 $69,885.16*
Ford E-350 15-
Passenger $63,852.33 $62,936.33 $60,810.92*
*Note: In accordance Palm Springs Municipal Code 7.09.030, Fiesta Ford, Inc., is a local vendor based in the Coachella Valley and therefore receives a 5% local preference.

The requested action includes the purchase of 29 Dodge Durango Pursuit vehicles, 14 Expedition XLT 4x4 vehicles, 1 Expedition XLT MAX 4x4 vehicle, and 4 Ford E-350 15- passenger vehicles. The purchase of these vehicles follows the City’s Environmentally Preferable Purchasing Policy.

Item 1L - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Authorization to Purchase Vehicles
Staff has identified the following lists of replacement and new vehicles for the indicated departments.

Parks and Recreation:

Parks and Recreation has 2 existing vehicles that are 17 and 21 years old and require replacement, as listed below.

Existing Unit # Year Make/Model Mileage
070602 2002 Ford E-350 15-Passenger Vehicle 74,875
070406 2006 Ford E-350 15-Passenger Vehicle 66,649
These vehicles are being replaced with the vehicles shown below:

Replacement Make/Model* Unit Cost
(2) 2024 Ford E-350 15-Passenger Vehicles $60,810.92 $121,621.84 Contingency $12,162.18
Total Estimated Cost $133,784.02
*Vehicle Year, Make and Model may change due to availability.

Police Department:

The Police Department has 26 existing vehicles that range from 6 to 15 years old and require replacement, as listed below.

Existing Unit # Year Make/Model Mileage
2D0508 2008 Ford Crown Victoria 107,749
2D3708 2008 Ford Crown Victoria 110,896
2C3712 2012 Ford Fusion 60,450
2D0411 2011 Ford Crown Victoria 96,021
2D0812 2012 Ford Fusion 117,981
2C9717 2017 Ford Edge 17,595
2C5409 2009 Ford Crown Victoria 70,500
2D0312 2012 Ford Fusion 108,720
Item 1L - Page 3
City Council Staff Report
November 9, 2023 -- Page 4
Authorization to Purchase Vehicles
2D1013 2013 Ford Fusion 120,463
2D1213 2013 Ford Fusion 116,100
204011 2011 Ford Crown Victoria 84,560
204708 2008 Ford Crown Victoria 65,078
202006 2006 Ford Crown Victoria 94,246
201717 2017 Ford Police Utility 108,913
202111 2011 Ford Crown Victoria 19,555
202315 2015 Ford Police Utility 86,670
202711 2011 Ford Crown Victoria 90,110
202814 2014 Ford Interceptor 62,497
203315 2015 Ford Interceptor 83,626
203415 2015 Ford Interceptor 82,977
203615 2015 Ford Interceptor 87,6448
206214 2014 Ford Interceptor 94,926
203514 2014 Ford Interceptor 96,363
205014 2014 Ford Interceptor 126,500
207017 2017 Ford Interceptor 94,565
202217 2017 Ford Interceptor 80,090
These vehicles are being replaced with the vehicles shown below:

Replacement Make/Model* Unit Cost
(16) 2024 Dodge Durango $57,811.41 $924,982.56
(10) 2024 Ford Expedition XLT 4x4 $69,855.16 $698,551.60 Contingency $162,353.42
Total Estimated Cost $1,785,887.58
*Vehicle Year, Make and Model may change due to availability.

Item 1L - Page 4
City Council Staff Report
November 9, 2023 -- Page 5
Authorization to Purchase Vehicles
Fleet Additions:

Purchase 20 new vehicles for new positions not yet assigned a vehicle.

Make/Model* Quantity Cost* Assigned To
2024 Dodge Durango
Pursuit AWD
13 x
$57,811.41 $751,548.33 Police Department
2024 Expedition MAX
4x4 1 $73,063.17 Police Department
2024 Expedition XLT
4x4 4 x $69,855.16 $279,420.64 Police Department
2024 Ford E-350 15
Passenger Vehicle 2 x $60,810.92 $121,621.84 Parks and Recreation Contingency $122,565.40
Total Estimated Cost $1,348,219.38
*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.

FISCAL IMPACT:

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

Sufficient funding is available in account 5106560-60020.

REVIEWED BY:

Acting Assistant Director of Maintenance & Facilities: Daniel Martinez Department Director: Lauri Aylaian
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
Item 1L - Page 5
City Council Staff Report
November 9, 2023 -- Page 6
Authorization to Purchase Vehicles
ATTACHMENTS:

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

ATTACHMENT A

Item 1L - Page 7
Item 1L - Page 8

1. 3.

4. 5.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
I or California Address (if different than #2)
Stat where Entity is Registered with Secretary of State C ()..' ; ~o< n ,·°'-
If other than California, is the Entit
Type of Entity
Yes No
~ orporati n D Limited Liability Company D Partnership D Trust D Other (p ease specify)

6. Offic
Note.
rs, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) mem ers
If any response is not a natural person, please identify all of(!cers, directors, , managers and other fiduciaries for the member, manager, trus or other entity --=~""-""!...1...!e....:+,-=-i..:::,,-_L.L>_,_,.-4:>.,...u.~;a_____ ti1 Officer D Director D Me ber D Manager [name] 1/"
D General Partner D Limite Partner
D Other _______ -+------
--1--=-~.c..u4+_---lo.:--\ --==6:::....:::: S.::..i.:::......L..:....l.....,z__--'-----~fficer D Director D Mem er D Manager [name]
D General Partner D Limited Partner
D Other _____________ _
~...,.,___,hc...:...c... o_l\_d--;tx. ___ __._....,.....c..,,,,,:;._:,"""-'--...;.__---~ fflcer D Director D Mem , er D Manager [name]
(Revised 09 13 l )
D General Partner D Limited artner
D Other _______ -+-----

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Palm Springs City CouncilNovember 9, 2023

Palm Springs City Council
November 9, 2023