Agenda packet, special meeting — Palm Springs City Council, November 21, 2024 (part 3 of 11)

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

5. Type of Entity
F Corporation FLimited Liability Company F Partnership F Trust F Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity F Officer F Director F Member F
Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
2377 GOLD MEADOW WAY
STE. 100
GOLD RIVER, CA 95670
Delaware
William Nunan, CEO, President
Manu Mittal, CFO, Treasurer
Jan Roos, VP, Secretary, General Counsel
2611 Internet Blvd., Ste. 100
Frisco, TX 75034
Lexipol, LLC
Item 1EE - Page 14
I 7
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(Revised 09 13 18)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Jan Roos, VP, Secretary, General Counsel
9/16/2024
N/A - no individual holds more than 5%
Lexipol Holding Company 100% in Lexipol, LLC
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CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 24B289 WITH VIVID-ACCENT PAINTING CO. AND 24B290 WITH UNITED PAINT & COATINGS CO. FOR ON-CALL PAINTING AND WALLCOVERING

SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Agreement No. 24B289 with Vivid-Accent Painting Co., in an amount not to exceed $630,000 and Agreement No. 24B290 with United Paint & Coatings Co., in an amount not to exceed $420,000 for on-call painting and wallcovering services.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B289 (Attachment A) with Vivid-Accent Painting Co. to provide on-call painting and wallcovering services in an amount not to exceed $630,000 for the initial three-year term beginning December 1, 2024 through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 24B290 (Attachment B) with United Paint & Coatings Co. to provide on-call painting and wallcovering services in an amount not to exceed $420,000 for the initial three-year term beginning December 1, 2024 through November 30, 2027, with two one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment C and D) submitted on October 29, 2024, Vivid-Accent Painting Co. and United Paint & Coatings Co. are both registered in the state of California.

Item 1F - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Award On-Call Painting & Wallcovering Services Contracts BACKGROUND:

The City of Palm Springs requires the services of a contractor to provide on-call painting and wallcovering services at various City of Palm Springs Buildings and Facilities. Due to the success of the initial on-call contract, awarded in 2022, staff has pursued and is recommending approval of two contract services agreements to address the current and expanding needs.

STAFF ANALYSIS:

The contracts with Vivid-Accent Painting Co. and United Paint & Coatings Co. are on-call, as-needed type contracts. 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 contracts are based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 24-36) was initiated by the City’s Procurement and Contracting Department on September 30, 2024, based on the Department of Public Works specifications. Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Seven bids were received by the October 29, 2024, deadline as follows:

Vendor Bid
Vivid-Accent Painting Co. – Watsonville, CA $585,279.00 United Paint & Coatings Co. – Coachella, CA $827,714.80 Tony Paining – Garden Grove, CA $907,980.00
Optimus Construction & Painting, Inc. – Lancaster, CA $924,250.00 Ewing Painting Inc. – Beaumont, CA $954,260.00
PUB Construction, Inc. – Diamond Bar, CA $1,362,310.64
Color New Co. – Woodland Hills, CA $1,552,720.00
The departments intent for this solicitation was to award two contracts to the two lowest responsive, responsible bidders. Vivid-Accent Painting Co. will be the primary contract and United Paint & Coatings Co. will be the secondary. The department will reach out to the primary contract holder first and if they are unable to perform the work, the department will reach out to the secondary contract holder.

The unit pricing is fixed for the first year and subject to CPI increase in the following years.

Staff recommends approval of Contract Services Agreement No. 24B289 with VividAccent Painting Co. for the initial three-year term in the amount not to exceed $630,000 as the primary, effective December 1, 2024 through November 30, 2027, subject to two one-year optional renewals at the sole discretion of the City, and Contract Services Agreement No. 24B290 with United Paint & Coatings Co. for the initial three-year term in the amount not to exceed $420,000 as the secondary, effective December 1, 2024 Item 1F - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Award On-Call Painting & Wallcovering Services Contracts through November 30, 2027, subject to two one-year optional renewals at the sole discretion of the City.

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, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are available in Fiscal Year 2024-25 Facilities Maintenance accounts 5206570-40105 and 5206570-50119.

REVIEWED BY:

Assistant Director of Maintenance & Facilities: Daniel Martinez Director of Public Works: David McAbee
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 24B289
B. Contract Services Agreement No. 24B290
C. Public Integrity Disclosure – Vivid-Accent Painting Co.

D. Public Integrity Disclosure – United Paint & Coatings Co.

Item 1F - Page 3

ATTACHMENT A

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CONTRACT SERVICES AGREEMENT 24B289

ON-CALL PAINTING AND WALLCOVERING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Vivid-Accent Painting Co., 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 painting and wallcovering services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call painting and wallcovering services, 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

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.

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
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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 $630,000.

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.

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 Item 1F - Page 6

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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 December 1, 2024, and ending on November 30, 2027, 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.

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: Bernardo Sanchez, President. 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 provisions 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.

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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.

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:
(to be determined

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.

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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.

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 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.

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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 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

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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 non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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: Vivid-Accent Painting Co.

Attention: Bernardo Sanchez
225 Main St 1953
Watsonville, CA 95076

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.

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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.

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

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

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

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”

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

The Contractor will provide on-call painting and wallcovering services at various City of Palm Springs Buildings and Facilities.

1.2 Scope:

A. Contractor shall furnish labor, site supervision, materials, and equipment to perform painting and wallcovering (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to general painting, repainting, repair, finishing, refinishing, remedial plastering and patching, sheet rock finish taping (only), patching, joint preparation, graffiti removal, surface preparation and installation of wall covering, repairs and related maintenance. Contractor must provide proper signage and/or protection to prevent staff & public from coming into contact with wet paint and/or plaster. Contractor may be required to move furniture when working on interior projects.

B. Contractor must only use Low-VOC paint.

C. 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.

D. Contractor must attend pre-construction walkthroughs on all projects.

E. Contractor must provide paint color and finish submittals to City’s Project Manager for review/approval.

F. Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work.

G. The Contractor shall be solely responsible for correcting any damages caused by onsite work, due to improperly protecting property.

H. Response time:

1. Contractor shall respond to department within 48 hours from request for work.

2. Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours.

3. Emergency responses include weekends, after-hours and holidays.

I. Contractor shall have weekly written communication with the City Project Manager to provide project updates and provide forthcoming schedule updates.

J. Historic Properties: Contractor shall have knowledge of the City of Palm Springs Historic buildings and the various historic classifications that shall define and outline the repair and improvements allowed.

1. Contractor shall discuss all modifications with the City Project Manager prior to commencement of work.

2. Contractor shall make themselves aware of the City’s historic properties:
https://www.palmspringsca.gov/government/departments/planning/historicresources/historic-properties Item 1F - Page 15

Page 12 of 21 ends

K. Correction of work deficiencies:

1. 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.

2. 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.

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

L. 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.

M. 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. Contractor must not store equipment and/or supplies on any City property.

N. 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.

O. 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 City Project Manager.

P. Security:

1. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors and gates 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.

2. 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 City Project Manager or onsite 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.

Q. 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 Item 1F - Page 16

Page 13 of 21 ends

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 City Project Manager.

R. Uniforms and vehicles:

1. 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.

2. Contractor vehicles must display company logo and name.

1.3 Pricing:

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

B. 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.

C. 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.

1.4 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.

1.5 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].

1.6 Special Security Requirements:

A. Police Department: 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 Item 1F - Page 17

Page 14 of 21 ends

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.

B. Palm Springs International Airport:

1. Contractor will be required to complete and maintain authorized signatory training and maintain an authorized signatory on staff.

2. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges.

Item 1F - Page 18

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Item 1F - Page 19

ATTACIHMEINT G

IBID FORM
IN!VITAlillON FOR BIDS (IIFIB 24~3,6,)
ON-CAJLIL IPAINTIN:G ANID WALLCOVERINIG SE.RVICES
Responding to ~his I FB for on-call painti ngI and wallcovering services, the undersigned bidder proposes and agrees to provide the servioes and work in accordance with ~he speoifications. Bidder proposes and agirees to furnish all labor,. equipment, matenia'ls, supervision, and service neoessary to complete sdid Work in accordance with the Specificafons of the City of Palm Spri gis and wrn accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. ~hat are not already ind uded or incorporated in ~he bellow u n'it costs.

ITEM DESCRIPTION UNIT ESTIMA11ED UNIT PRICE SUIBTOTAIL QUANTITY 1 Foreman Pain er Regular Bi111ing HR 2,.080 $50.00 _ 104,000.00 Rate (7:00AM - 5:00PM)
2 Foreman Painter Overtime Bi111ing HR 192 $75.00 $14,400.00 Rate (S:OOIPM - 7:00AM) 3 Foreman Painter Holiday Billing HR 192 75.00 $14,400.00 Rate {Saturdav/Sundav/Hdlidavs) 4 Journeyman Painter Regular HR Bi'llinQ Rate (7:00AM - 5:00PM) 2,.080 $45.00 93,600.00 5 Journeyman Painter Oveni me HR 192 $67.50 12,960.00
Bi'llim::i Rate (5:00PM - 7:00AM)
Journeyman Painter Holiday $67.50 '6 Bi'lling Rate HR 192 _12,960.00 (Saturday/Sunday/Holidays)
1 Apprentice Painter Regll'lar HR 2,.080 $39.00 81,1120.00 Bi'llina Rate (7:00AM - 5:00PM) 8 Apprentice Painter Overtime HR Bi'llinQ Rate (5:00PM - 7:00AM) 192 58.50 111,232.00 9 Apprentice Painter Hohday Billing HR Rate {Saturdav/Sunday/Hdl idays) 192 $58.50 11,232.00 Parts and Mater"als ,(Enter your
% mark-up for parts &. mate;nia'I s)
10 (Examp e for 5% the subtota'I = % $150,000 2.5% _ 153,750.00 $157,500;. for 10% the subtota'I =
$1,65,000)
Equipment Renta'I (Enter your %
mark-up for parts &. materials)
11 (Example for 5% the subtota'I = % $25,,000 2.5% $25,625.00 $26,250;. for 10% the subtota'I =
$27,500)
Subcontractors (Enter your%
mark-up for parts &. ma.ten als)
12 (Example for 5% the subtota'I = % $50,.000 Qll/4 50,000.00 $52,500;. for 10% the subtota'I =
$55,000)
TOTAL ,(Enter this amount in PlanetlBids) 585,279.00

Page 16 of 21 ends

Item 1F - Page 20
*NOTE: This biid form is to detennine the lowest bidder and will be used to estabHsh tile contract unit pliices. The con1iracl: will be set at the Oity budget amount. Tota'I budgeted amount for this contract wou'ld be split between primary contract {60%) and secondary con ·ract {40%).

Fiirrn Name:. ___ V_i,v_i_d-_A_cce_- -_n_t P_a._in_li_'n_g_Co_.-. _ ______________ _ 10O1O0,soss DIIR Number: ________________________ _
Signature of Aui ho·rii:l}edl Person:------,,,~-~- _-._. ___________ _ 7· Printed Name: Bernardo San.ctlez
liitle: Pre~id'ent
-----------------------------
Date: 9/29/24 ----------------------------

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EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1F - Page 21

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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 Invitation 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 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.

Item 1F - Page 22

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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, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time.

Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

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

D. Both the Workers’ Compensation and Employers' 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 Item 1F - Page 23

Page 20 of 21 ends

this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

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

Item 1F - Page 24

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EXHIBIT “C”
Item 1F - Page 25

A TTACHMEINT F
EXECUlllVE OIRDEIR N-6-22 CEIRTIFICATIONI
INrv'ITA T1ION FOR BIDS (IFB 24-3'6,)
ONi-CALL PAINTING AND WAL~COVEJRINO SERVICES
Exeoutive Order Nl-6-22 issued by Governor Gaviin Newsom on Mardh 4, 2022, directs all agendes and departments that are subject to the Governor's authority to (a) terminate any contracts Wiilh any individuals or entitiies flat are determined to lbe a target of eoonomic sanctions against Russia and Russian entifes and individuals; and ~lb) refrain from entering into any new oontracts witll sudh individua'ls or entities while the aforementioned sanotions are in effeot Executive Order N-6~22 a'lso requires 1hat any con~raotor tlhat ,(11) ounrently has a oontract will the Cly of Pa'lm Springs fLmded through grant funds provided by t'he State of California; and/or ,(2) submuts a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Spnin.gs with State of California grant funds, oe:rtify tlhal the person is not the target of any economic sanctions against Russia and Russian entitiies and individuals.

The contractor hereby certffiies, SUBJECT TO PENAL 1Y FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed ·11 E:xeoutive Order Nl-6-22 and lb) the person sign1ng below is duly authorized to !legally bind the Contractor. lhis certifica.tion is made under the laws of the Sta.~e of Califomia.

Signawre: ____ ---,,.,.~""- ------------ /
Printed Nlame: Bernardo Sanchez
----------------
Tille: President
Fi1rm Name: wid-.Aooent IPai111i11g Co.
-----------------
Date: 9l29l24

ATTACHMENT B

Item 1F - Page 26

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CONTRACT SERVICES AGREEMENT 24B290

ON-CALL PAINTING AND WALLCOVERING SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on December 1, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and United Paint & Coatings Co., a California Sole Proprietor, (“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 painting and wallcovering services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call painting and wallcovering services, 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.

AGREEMENT

1. CONTRACTOR SERVICES

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.

2. TIME FOR COMPLETION
Item 1F - Page 27

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3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

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

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Item 1F - Page 28

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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: Cristian Gonzalez, Owner. 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.

Item 1F - Page 29

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Name: Title:
(to be determined)

5.6 California Labor Code 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.

Item 1F - Page 30

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8. RECORDS AND REPORTS

Item 1F - Page 31

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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.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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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.

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: United Paint & Coatings Co.

Attention: Cristian Gonzalez
50485 Jalisco Ave.

Coachella, CA 92236

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

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

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

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND UNITED PAINT & COATINGS CO.

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

CONTRACTOR:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1F - Page 36

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1.1 Background:

The Contractor will provide on-call painting and wallcovering services at various City of Palm Springs Buildings and Facilities.

1.2 Scope:

B. Contractor must only use Low-VOC paint.

D. Contractor must attend pre-construction walkthroughs on all projects.

E. Contractor must provide paint color and finish submittals to City’s Project Manager for review/approval.

F. Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work.

G. The Contractor shall be solely responsible for correcting any damages caused by onsite work, due to improperly protecting property.

H. Response time:

1. Contractor shall respond to department within 48 hours from request for work.

2. Contractor shall respond to emergency calls for service or repair within twenty-four (24) hours.

3. Emergency responses include weekends, after-hours and holidays.

I. Contractor shall have weekly written communication with the City Project Manager to provide project updates and provide forthcoming schedule updates.

1. Contractor shall discuss all modifications with the City Project Manager prior to commencement of work.

2. Contractor shall make themselves aware of the City’s historic properties:
https://www.palmspringsca.gov/government/departments/planning/historicresources/historic-properties Item 1F - Page 37

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K. Correction of work deficiencies:

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

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.

P. Security:

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R. Uniforms and vehicles:

2. Contractor vehicles must display company logo and name.

1.3 Pricing:

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

C. The City will only pay for the items listed on the bid form, and permit and disposal fees.

1.4 Payment:

1.5 Invoicing:

1.6 Special Security Requirements:

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B. Palm Springs International Airport:

1. Contractor will be required to complete and maintain authorized signatory training and maintain an authorized signatory on staff.

2. Contractor and affiliates will be required to obtain appropriate S.I.D.A Badges.

Item 1F - Page 40

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Item 1F - Page 41

AIT CHMEN G

BID FORM
INV1ITATION FOR BIDS (IFB 24-3•6}

ON-CA L P'AINTING AND WAL COVERING SERVICES
Responding to lni,s IFB for on.-ce11 pain1ing and wallcovering services, lhe undersigned bidder proposes and agrees to proYide the services and wo.rk in crordance wUh the specmcatio-s. B"dder proposes. and agrees to furnish all labor, equipment, materials, supervf,sion, and service necessary lo complete, said Work ir11 accordance with the Specifications o the City or Palm Sprirngs and wiU accept as full payment therefore, the fo1Iowing1 unit cost amounts. he Ci y or Palm Sp ings wil not accept any addilional ctmr,ges, fees, etc. that are !'lot already ino1ud d or inooljporated rn lhe below unit cosls.

ITEM DESCRIIPTION UNIT ES,TIMATED UN J PRICE SUBTOTAL QUANITITT 1 Foreman Painter Regular !Billing HR 2,080 {{) /3~2'00• Rate (7:00AM - 5:00PMl 2 Foreman Painter overtime B•imng HR 192 /1(J :2 1, II'/() Rate (5:00PM - 7:00AM} 3 Foreman Painter 'Holid!ary Billing HR 192 /50 ;a, a~o Ral:e (Saturday/Sundav/Holldavs l 4 Journeyman Painter Regular
Billing Rate C7:00AM - 5:00PM., HR 2,0B0 ~·1 /8/L4.6D
5 Journeyman Painter Overume
Billing Rat,e f5:00PM - 7:00AM\ HR 192 If?. 'I 22, 5'/0 · 3 Joumeyman Palnter Holida.y
6 R , !Billing Rate 192
147 (S8/Wrdav/S'1 . .mdav/Holidav-s) 2,,z2l.f
7 Apprentloe Painter Regular
Billirn:1 Rate (7:00AM - 5;00PM1
HR 2,080 50 I 01/ _ ,IJIJO
8 Apprer,tloe Painter Overtimo HR 192 _'j/) q 1,/JD Billini;i F¾l!e (5:00PM - 7:,00AM~ Ap,pre11tioe Pafnte,r H'olrday Billing
,
9 Rate (S1JturdavtSu ndavJl-1 o1td avsl
HR 192 50 Q.600 . Parts a.nd Materials (Emler your
% mark•up for pal15 & maleriah,) 5! /57~ 500 10 (E!l8m e for 5% lihe sobtolal "' °lo $150,000 $157,500; for 10% the subtotal =
$165,000)
Equipment Rental (Enter your%
mark-'Lip for p il'l:s & matenal·s)
11 (-Ex:aomple for 5% the subtota1 ;; % $25,000 5/ J.6,1€i0 526,250; for 10% tho subtotal =
$27 500\
Sulbconliactors (Ernter your %
ma.rk-up for parts & malerials}
12 (Ex.a pl for5~ 1h /}J subtotal= % $50,000 50,000
52,500; ror 10% t - subtotal=
$55 000)
TOTAL ~Enter 1'1Ws · mount in Pl .netB'"d:s) '8"J.7~ 7If8 I

Page 16 of 21 ends

Item 1F - Page 42
NOTE; This bid fo1m is to cfeten:nine the k:J.lNesl bidder and will be used to ,establ' h th€ contract un· prices. The contract will be set at 1he Cily budget amount. olal budgeted amount fo:r this:
conlr: ct would be 5prit between primary contract (60%) and seco11dary contract (40%).

Finn Name: Uni led Pa,a/_ -i_ Ciain..9s_ G_.

DIR Num er: /M/)83'631-l
Signa re of Aruthorf!Zed Person: -'c:~~ .... :;..::;-==· ...;....~-=--,~=....><::::;;_!,:,,..........---- Printed Name: _ ____:&.:;,c'li..:;i1.i-,.51,.l.h.&..! ·au!O__.frn1,,,,,1,,,« · -t..Z:"-,jt}µ,;k"-. .A,z _______ _ Title: ---==..:v.=f._....!,O:..!!WJL.L..nel4,, · ·-'-r ______________ _ Date: ft:> • 2.1 a 2-D 2..9'.

Page 17 of 21 ends

EXHIBIT “B”

Page 18 of 21 ends

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.

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;

Item 1F - Page 44

Page 19 of 21 ends

Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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 Item 1F - Page 45

Page 20 of 21 ends

Item 1F - Page 46

Page 21 of 21 ends

EXHIBIT “C”
Item 1F - Page 47
A T7TACHMENT F
EXECUTIVE ORDER Nl-6-22 ,c ERTi tCA TIOifi
INVITATION FO'R BIDS (IFB 241-36)
O. CAL PAINTING AND WALLCOVERIING SERVICES
Executive Order N-'6-22 issued by 1Govemor Gavin Newsom on March 4, 2022, directs a[I agencies and departments that are su~eot to llhe Govemor's authority to (a1) term·nate any contracts with any individuals or entities that are deh:irmlned Lo be a targe1t of aconomic sanctions against Ru,ssia and Rus,sien entities and individuals; and (b) refrain from enlering into any new contracts with such individuals or entities while the aforemen~ioned sanclions are in effect.

Executive Order N-&22 also requires that any con.lra.ctor thal: (1) currently has a con1ract wt"lh the Ci y of Pa,m Spri gs funde<I ·11'lrough g ant funds provided by the State of Califor.nia; andlor (2) submits a bid or proposal or otherwise proposes l.o or enter 1inlo or rerlew a co11traci with the City or Palm Spn gs with State of Califomia grant funds, certify that tt:le person is not the targ;et of any economic sanct'o11S against Russia and Russian enlitie.s and inclMduaJs.

The contractor hereby certifies, SUBJECT TO PENAL TY FOR PE,RJU Y. that a} the oonttactor is. no a target of any eccinomic sane ·or1s against Russian and Russian en ities ,and individuals as discussed in EX!ecutive Order ~6-22 and b)i fie person s gnfng below is duly authorized to legally b[nd the Oontractor. This certiri c;ation is made under the laws of the State of California.

Signature:. ~~~
Printed Name: Uisihn Oan zqlez.

Title: .sob dhtnec
Firm Name: lfn;k/ &n f $ {ftzfi?J.s (4.

Date:_~{..1,{"""----~'2,-4j ..... -=-'l--D.:;...,2--.,(/ __ -----

ATTACHMENT C

Item 1F - Page 48

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other _________________________
__________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ________________________
____________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other__________________________

Item 1F - Page 49

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]

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

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

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

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

[name of owner/investor]

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

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

Signature of Disclosing Party, Printed Name, Title Date Bernardo Sanchez
Item 1F - Page 50

ATTACHMENT D
Item 1F - Page 51
Item 1F - Page 52
Item 1F - Page 53

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 7 WITH STEVE P.

RADOS, INC. IN THE AMOUNT OF $259,888.75 FOR THE
WASTEWATER TREATMENT PLANT (WWTP) DIGESTER NO. 2 GAS
FLARE AND FILTRATE PUMP STATION, CITY PROJECTS 20-25 AND 21-07
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

This is a request to approve Contract Change Order No. 7 in the amount of $259,888.75 for material substitution for the waste gas flare. This change order addresses the cost to substitute the waste gas flare stack material of carbon steel with stainless steel. The City’s design consultant has reviewed and recommends approval of the change order.

RECOMMENDATION:

1. Approve Contract Change Order No. 7 in the amount of $259,888.75 to Agreement A9317 with Steve P. Rados for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Projects No. 20-25 and 21-07 (Project);

2. Appropriate $259,888.75 from the Wastewater Fund balance; and

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

BUSINESS PRINCIPAL DISCLOSURE:

Public Integrity Disclosure form from Steve P. Rados, Inc. is included as Attachment A.

BACKGROUND:

On May 12, 2022, the City Council awarded a construction contract to Steve P. Rados, Inc. in the amount of $15,905,500 for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station Projects. The initial scope of work included replacing Digester Item 1FF - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Approve CCO No. 7 CP 20-25 and 21-07
No. 2, construction of a new gas holder, replacement of the existing waste gas flare and replacement of the Filtrate Pump Station and Filtrate Pump Station forcemain.

On July 21, 2022 construction of the Project commenced. Since then, there have been six contract change orders approved for the following reasons:
1) Contract Change Order No. 1 ($19,325) – The Contractor submitted to Southern California Air Quality Management District (AQMD) an application for a permit to install the new waste gas flare, digester and gas holding tank. AQMD requested the permit to be submitted under the City’s General AQMD permit which resulted in increased permit fees.
2) Contract Change Order No. 2 ($9,654) – There were two palm trees in conflict with the proposed filtrate pump station of the Project. The Contractor relocated the two palm trees to address the conflict.
3) Contract Change Order No. 3 ($34,282) – During the asbestos survey of Digester No. 2, it was discovered that the tank was coated with Belzona. It was determined that asbestos abatement was required for removal of Belzona. 4) Contract Change Order No. 4 ($67,144) – It was discovered that several utility conflicts above and below ground conflicted with the duct bank and underground conduit plan.
5) Contract Change Order No. 5 ($248,288.76) – It was discovered that additional cable and conduits were needed for the gas holder, additional keyways for the digester tank foundation, and unforeseen utilities conflicts. 6) Contract Change Order No. 6 ($1,071,999.85) – AQMD passed Rule 431.1 which lowered emissions levels of sulfur. To meet the requirements, a Ferric Chloride Dosing System was installed to reduce sulfur emissions.

STAFF ANALYSIS:

Staff reviewed the proposed change order and coordinated with the design team to ensure the changes were required. Staff is recommending approval of Contract Change Order No. 7. A copy of the change order is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the City of Palm Springs Wastewater Treatment Plant Digester No. 2, Gas Flare and Filtrate Pump Station Improvement Project, City Projects No. 20-25 and 21-07, are considered categorically exempt from CEQA.

Item 1FF - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Approve CCO No. 7 CP 20-25 and 21-07
ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 2A, Improve City Facilities.

FISCAL IMPACT:

There is sufficient funding in the Wastewater Fund balance to cover the appropriation for this change order.

REVIEWED BY:

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

A. Public Integrity Disclosure Form – Steve P. Rados, Inc.

B. Contract Change Order No. 7
Item 1FF - Page 3
Attachment A
Item 1FF - Page 4
Item 1FF - Page 5
-------· -· --·- ·.·
• c..· ~ ' -------,, ... ______________ _

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

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

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

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and otherfiduciaries forthe member, manager, trust or other entity Stephen S. Rados
Derek W . Rados
Stephen A. Rados
Digester No. 2, Gas Flare, Filtrate PS
CITY PROJECT NO. 20-25
DECEMBER 2021
IZl Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
~ Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other
~ Officer • Director • Member • Manager
• General Partner • Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1FF - Page 6
. ,. ,. ... - .. --11_, ___________ .. __ .....__

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

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

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

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

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

Date
March 31, 2022

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

Digester No. 2, Gas Flare, Filtrate PS
CITY PROJECT NO. 20-25
DECEMBER 2021

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Attachment B
Item 1FF - Page 7

Page 1 of 2 ends

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER NO. 7
CP 20-25 & 21-07 WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station
Contractor: Steve P. Rados, Inc. Date: October 28, 2024

CONTRACT CHANGE ORDER SUMMARY
This lump sum Contract Change Order No. 7 is for the new waste gas flare. Per the AQMD permit, the City is submitting a stainless steel waste gas flare. This change order will address the material cost from carbon steel to stainless steel. Stantec and MWH Constructors have both review and approve the proposed change order.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 John Zinc Gas Flare Material Change 1 LS $259,888.75 Total Lump Sum Change Order Amount: $259,888.75

CHANGES TO CONTRACT TIME
The contractor is requesting ninety (90) working days to be added to the contract time.

SOURCE OF FUNDS
Sufficient funds are available in the Wastewater Capital Improvement Projects Fund.

SUMMARY OF COSTS
Original Contract Amount: $15,905,500.00 Construction Start Date: 07/21/2022 Previous Change Orders:

$1,071,999.85 Previous Agreed Completion Date: 09/02/2024 This Change Order Amount: $259,888.75 Working Days Added: 90 Revised Contract Amount: $17,616,081.94 Revised Completion: 01/10/2025 Item 1FF - Page 8

Page 2 of 2 ends

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

Steve P. Rados, Inc.

Jason Riedel, Project Manager Date
City of Palm Springs
Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott C. Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date
Item 1FF - Page 9
2002 East McFadden Avenue, Suite 200, Santa Ana, California 92705 Mailing Address: Post Office Box 15128, Santa Ana, California 92735-0128 SPR Job 750 - 016

Attention: Mr. Michael Dietrick
Construction Manager
4375 E. Mesquite Ave.

Palm Springs CA 92264
Reference: City of Palm Springs - Contract No. 20-25 AND 21-07 WWTP Digester No.2, Waste Gas Flare, and Filtrate Pump Station Improvements Project

Subject: COR 01 – John Zink Gas Flare Material Change.

Dear Mr. Dietrick,
I hope this letter finds you well. I am writing to formally request a change order for the WWTP Digester No. 2 (Contract 20-25 and 21-07) currently underway, specifically concerning the material specification conflicts for the gas flare.

The specifications have conflicting requirements regarding the material to be used for the gas flare (pages 6 and 7 of specification 11382). Our bid quote and Purchase Agreement (PA) with John Zink (JZ) were for Carbon Steel construction per spec 11382 I.1. John Zink was essentially a sole-source vendor, as Stantec and the City elected to use John Zink product data and flare design information for the SCAQMD Gas Flare permit application submitted to SCAQMD prior to the bid date for the project.

John Zink provided a letter of recommendation to use carbon steel (see RFI 40). However, stainless steel was insisted to be used. Reference RFI’s 040 and 042.

Attached, please find the cost proposal for the material change. Given these circumstances, SPR kindly reserves our right to time related to submittal revisions driven by this change and procurement impact.

We appreciate your attention to this matter and are available to discuss the details further at your earliest convenience.

Please let us know if additional information or documentation is required to process this change order request. SPR is requesting a Change Order in the total amount of $259,888.75.

Thank you for your cooperation and prompt attention to this request Sincerely,
Steve P. Rados, Inc.

Jason Riedel
Project Manager CC: SA, Job File, CA, JP, JD
STEVE P. RADOS, INC.

ENGINEERING CONTRACTORS
Telephone: (714) 835-4612

Facsimile: (714) 835-2186
R-1
July 17th, 2024
Item 1FF - Page 10

DAILY EXTRA WORK REPORT
City Of Palm SpringsContractor Job: 750 - WWTP Digester No. 2 Waste Gas Flare & Filtrate PS Work Performed By: Steve P. Rados, Inc.

Description of Work: COR 01 - John Zink Flare Material Change Contract: 20-25 & 21-07 Change Order 407
Billing Number 57.0
Report Date 7/09/2024Perform Date 7/05/2024
Labor Charges
Equipment Charges
Material Charges
Subtotal
MU
Material Total
230,500.00
23,050.00
253,550.00

10.00%
Activity Total 253,550.00
Bill Surcharge
Bonding 2.500% 6,338.75
Work Total 259,888.75Bill Subtotal 259,888.75
Bill Total + 259,888.75
For Owner/Resident Engineer's Use Only
New BillResubmittal
Approved for Payment
Returned for Correction Date Received:

Date of Action:

NTS Universal Bill Form Page 1 www.ewbills.com
Report No.

Material/Specialist Work/Lump Sum or Unit Price Payment Number Date Vendor Name and Description Units Unit Price Extended M01 Misc / Koch Engineering Solutions 1.000 230,500.00000 230,500.00 Item 1FF - Page 11
Item Price
1 $239,721

1.1 -$9,221
$230,500
Date
Date
Detailed List of Changes
Description
Sign and print name below
5' x 50' ZTOF 304 Stainless Steel Shell Material
- Previously 5' x 40' ZTOF Carbon Steel per Proposal (Credit Included) - Removed Internal Mastic Coating (Credit Included)
- Ladder with Heat Shield and Lockable Gate Remain Galvanized Approval Signatures
Return of this form is required to authorize Koch Engineered Solutions (JZHC, KG, or KHT) to proceed with this scope of work. Except as expressly provided herein, this Change Order does not amend or affect in any manner the existing agreement between the parties, including the terms and conditions thereof.

NOTE: A revised purchase order reflecting this Change Order agreement is required prior to final shipment.

Adder: 4' x 50' ZTOF 304 Stainless Steel Shell Material (Material Only) - Change from 5' x 50' ZTOF 304 Stainless Steel Shell Material Change Order Notes
The scope of this Change Order will change our delivery date to 11/22/2023. To ensure the validity of the pricing and schedule impact above, please sign, date, and return this form by 05/10/2023.

Total Price:

CO-2
Customer Contact:

Steve P. Rados Design Change Request
Change Order Request Form
SPR No. 750-703
Steve P. Rados
Palm Spring
Change Order Summary
Customer Approver
KES Representative
KES Project Manager:

Change Order Date:

F00001832 Change Order No.:

Customer:

Project Name:

Purchase Order:

Sales Order No.:

Jason Riedel
Clarence Miller
5/3/2023
Template No.: KES-OE-DOC-A02-002 Printed 5/3/2023 1:32 PM 05/03/2023
5/10/23
SPR COR 01 - John Zink Gas Flare Material Change
Item 1FF - Page 12
June 2022 Digester Gas Flare Palm Springs Digester No.2, Flare, and FPS Issued for Construction 11382-7 184031355
H. Anti-flashback burners

1. All burners furnished within the enclosed flare shall be anti-flashback type, with an internal stainless steel flame arresting seal, a stainless steel diverter plate, and no adjustable, or moving parts.

2. All burners shall be individually flanged for easy removal through the damper opening.

3. All burner material within 6” of the burner flame zone shall be made of stainless steel.

I. Flare Stack

1. Stacks shall be constructed of carbon steel with a 1/4" minimum thickness, 3/8” minimum thickness on diameters greater than seven (7) feet.

2. The internal portion of the stack requires a 2” thickness minimum of ceramic fiber blanket refractory. The surface layer, exposed to flame, shall be 1” thick, 8 lb density backed by 1” thick, 6 lb density, both with a 2300 F temperature rating minimum. The surface layer shall be overlapped horizontally for additional heat protection.

3. Refractory shall be attached using Inconel 601 pins and keepers, with 8-3/4" horizontal spacing maximum and 10-1/2" vertical spacing maximum.

4. The stack shall contain a burner manifold with flanged inlet connection, and individual flanged burner connections, allowing proper gas distribution.

5. The stack shall contain an insulated burner floor with burner passages. This floor shall be designed to reduce radiation exposure to the burners, burner manifold, and dampers. The stack interior below this burner floor, to an elevation 6” above grade, shall include 1” thickness minimum, 6 lb density ceramic fiber blanket refractory, rated at 2200 ºF minimum.

6. Two (2) 4” diameter FNPT sample ports and plugs minimum shall be located 90 apart and one-half stack diameter from the stack top for emissions testing. Each of the 4” diameter plugs shall be insulated with ceramic fiber refractory.

7. Connections for combustion air dampers shall be supplied on the stack.

8. A connection for the purge air blower shall be supplied on the stack.

9. Three (3) connections minimum shall be supplied on the stack for installing temperature control thermocouples.

10. The stack shall contain thermocouple conduit mounting brackets.

11. A stainless-steel rain guard shall be provided at the stack top, covering the exposed edge of refractory, to prevent water damage. This rain guard shall consist of overlapping segments and not a continuous ring, to minimize thermal expansion affects.

12. The stack shall include an AISC designed, continuous baseplate for mounting and high wind stability.

13. Two (2) lifting lugs shall be located 180 apart for use during installation.

Item 1FF - Page 13
June 2022 Digester Gas Flare Palm Springs Digester No.2, Flare, and FPS Issued for Construction 11382-6 184031355
F. Materials for components shall be as follows:

Component Material
Waste Gas Burner Inlet Manifold Stainless Steel 316
Burners Type 347 SS with Type 316 SS fittings
Base Pedestal and inlet flange piping Type 316 SS
Combustion Stack Assembly Shells 10 Ga. 2B Type 304 SS with Sch. 40 support pipe rings
Weather Hood and Control Panel Stand
Type 304SS with Type 316SS pipe fittings
Pilot gas piping 304SS, Schedule 40S

1. The equipment, after its fabrication, shall undergo a passivation (pickling) process to ensure maximum resistance to corrosion. All stainless-steel components and structures shall be submersed in a chemical bath of nitric acid and hydrofluoric acid to remove any residues that may be present on the material as a result of forming, manufacture, or handling. After removal from the pickling bath, the equipment must be washed with a high-pressure wash of cold water to remove any remaining surface debris and promote the formation of an oxidized passive layer which is critical to the long life of the stainless steel. All field welds shall be cleaned and passivated to remove iron (and prevent corrosion) in accordance with ASTM A380.

G. Equipment:

1. The flare system shall include the following items, as a minimum. a. Anti-flashback burners
b. Flare stack
c. Externally removable spark ignited pilot
d. Ignition and control station
e. Blowers (booster and purging)
f. Ancillary equipment

2. The equipment provided shall be designed specifically for use in digester gas service. All components directly supporting combustion, such as burners and pilots, must be manufactured by the flare supplier. Only ancillary equipment, such as gas blowers, flame arrestors, and instrumentation shall be manufactured by others. All equipment specified herein shall be supplied by the equipment vendor.

3. The control system shall be completely assembled and tested prior to shipment by the flare supplier at the supplier's own fabrication facility.

Item 1FF - Page 14
MWH Constructors Inc.
8001 Arista Place
Suite 500
Broomfield, Colorado 80021
P: 720-547-5400
Project: Palm Springs - WWTP Digester No 2
4375 East Mesquite Avenue
Palm Springs, California 92264
RFI #40: Gas Flare Stack Materials, John Zink
Status Closed on 03/06/23
To Andrew Crider (City of Palm Springs)
Sean Larson (Stantec) (Response Required)
From Jason Riedel (Steve P. Rados, Inc)
Date Initiated Feb 28, 2023 Due Date Mar 3, 2023
Location Gas Flare Pad Project Stage
Cost Impact TBD Schedule Impact TBD
Spec Section 11382 - Digester Gas Flare Cost Code
Drawing Number Reference
Linked Drawings
Received From Jason Riedel (Steve P. Rados, Inc)
Copies To Juan Castillo (Steve P. Rados, Inc), Beth Cohen (Stantec), Michael Dietrick (MWH Construction Management Team), Victor Esparza (Steve P. Rados, Inc), Mike Heredia (Steve P. Rados, Inc), Brian Jensen (MWH Construction Management Team), Jason Riedel (Steve P. Rados, Inc), Jeremy Wylie (MWH Construction Management Team) Activity
Question Question from Jason Riedel Steve P. Rados, Inc on Monday, Feb 27, 2023 at 04:36 PM PST Please see attached letter of recommendation from John Zink (JZ) in regards to the material to be used for the Gas Flare Stack. JZ developed their list of materials from the specs and referred to spec 11382 I.1 for the material required for the Flare Stack. ¼” Carbon Steel is required per this spec section and JZ has used it in many biogas systems up to 30,000 ppm H2S.

SPR is requesting a serious review and consideration to proceed with Carbon Steel per the Manufacturers recommendation and the materials proven resilience and longevity. As JZ mentions, to proceed with SST would prolong the procurement and fabrication time as well. In addition, 304 SST can be susceptible to sulfur dioxide corrosion. JZ has provided a C.O. requesting $238,500 to proceed with 304 SST if required. If a meeting or any further information from JZ would be helpful to make a determination we can facilitate that as soon as possible. Please advise.

Attachments
John Zink Manuf Letter of Rec for CS Material.pdf
MWH Constructors Inc. Page 1 of 1 Printed On: Mar 7, 2023 08:57 AM PST All Replies Response from Sean Larson Stantec on Monday, Mar 6, 2023 at 03:56 PM PST Please see the RFI response below and attached:
• Specification section 11382-2.1.F states “combustion stack assembly shall be 10 ga 2B Type 304 SST”.
• Specification section 11382-2.1.C requires fabrication in accordance with “AWS D1.6” which is the “stainless steel structural welding code”
• Specification section 11382-2.3.C requires fabrication in accordance with “AWS D1.6” which is the “stainless steel structural welding code”
• Right before the project was bid, we received the attached proposal from John Zink (dated January 5, 2022), that shows the price of a stainless steel stack and associated equipment ($461,000).
o Based on the schedule of values, submitted in 01320-1.0, it appears John Zink already included the price of SST in the contract price, as required by the specifications. • As such, engineering does not agree that there is additional entitlement to increased fees to provide a SST stack.

Attachments
254003 - John Zink Budgetary Proposal REVB.pdf
Item 1FF - Page 15
Ben Pernu
Applications Engineer, Biogas Systems
DATE: February 23, 2023
TO: City of Palm Springs, CA
REFERENCE: John Zink SO# F00001832 - Enclosed Flare Materials of Construction

To Whom It May Concern:

The following is an explanation of the material selections used in the enclosed flare that John Zink Company, LLC is supplying for the Palm Springs Wastewater Treatment Plant.

The waste gas in this system contains up to 8,600 ppm of hydrogen sulfide (H2S), a compound that is corrosive to carbon steel surfaces. The waste gas manifold, where the biogas containing unoxidized H2S is delivered to the burners from the field piping, is quoted as 304 stainless steel. Wetted components upstream of the flare (flame arrester, block valve, etc.,) have also had material selections to increase resilience against H2S corrosion.

At minimum, 98% of H2S that enters the manifold to the flare will be fully combusted and oxidized at the burner tips, having contacted nothing but stainless steel prior to that point. In a combustion reaction, hydrogen sulfide is oxidized to sulfur dioxide (SO2), a compound that is less reactive with steel surfaces than H2S. Under normal operations, the carbon steel portions of the flare will not contact any H2S, because it has been destroyed by the flare itself.

To provide additional protection against sulfur corrosion, the interior surface of the flare stack is currently intended to be covered with one layer of a mastic coating, which is specifically designed to protect surfaces from corrosive constituents in gas streams. This method of protecting the stack is more economical and quicker to fabricate than making the full stack out of 304 stainless steel, which itself still can be susceptible to sulfur dioxide attack. We have utilized this method in biogas systems with up to 30,000 ppm H2S, and the systems have proven resilient and long-lived.

I am happy to address any remaining questions surrounding our design choices on this system. Please do not hesitate to reach out if needed.

Kind regards,
Ben Pernu
Applications Engineer, Biogas Systems
918-234-2718
[email protected]
Item 1FF - Page 16
MWH Constructors Inc.
8001 Arista Place
Suite 500
Broomfield, Colorado 80021
P: 720-547-5400
Project: Palm Springs - WWTP Digester No 2
4375 East Mesquite Avenue
Palm Springs, California 92264
RFI #42: SST vs. Carbon Steel Specs - Gas Flare Stack
Status Closed on 03/13/23
To Sean Larson (Stantec) (Response Required)
Andrew Crider (City of Palm Springs) (Response
Required)
From Jason Riedel (Steve P. Rados, Inc)
Date Initiated Mar 10, 2023 Due Date Mar 13, 2023
Location Gas Flare Pad Project Stage
Cost Impact Yes (Unknown) Schedule Impact TBD
Spec Section 11382 - Digester Gas Flare Cost Code
Drawing Number Reference
Linked Drawings
Received From Jason Riedel (Steve P. Rados, Inc)
Copies To Juan Castillo (Steve P. Rados, Inc), Beth Cohen (Stantec), Michael Dietrick (MWH Construction Management Team), Victor Esparza (Steve P. Rados, Inc), Mike Heredia (Steve P. Rados, Inc), Brian Jensen (MWH Construction Management Team), Jason Riedel (Steve P. Rados, Inc), Jeremy Wylie (MWH Construction Management Team) Activity
Question Question from Jason Riedel Steve P. Rados, Inc on Thursday, Mar 9, 2023 at 05:11 PM PST Please confirm if the Gas Flare Stack is to be 304 SST per spec 11382 2.1.F. or Carbon Steel per spec 11382 I.1? Official Response Response from Brian Jensen MWH Construction Management Team on Monday, Mar 13, 2023 at 04:08 PM PDT The response provided by the engineer clarifies what is required by the contract documents. As such it is considered included within the contract and original bid. The contractor is requested to proceed immediately with procurement of the flare as time is of the essence and the current contract milestone date for construction of the flare will not be met.

MWH Constructors Inc. Page 1 of 2 Printed On: Mar 13, 2023 04:15 PM PDT Item 1FF - Page 17
Official Response Response from Sean Larson Stantec on Monday, Mar 13, 2023 at 03:48 PM PDT • Stainless is used on all gas components shown and specified in the contract documents.

Coated carbon steel is not desired on this project, as coating maintenance is costly across the life of the equipment.
• As noted in the response to RFI-040 (and submittal 11382-2.0 review comments), flare manufacturer shall provide 304 stainless stack, in accordance with Specification Section 11382-2.1.F and 11382-2.1.C.
• Further, as shown in Contract Drawing M-AD-800 (and in the attached draft Permit to Construct), the flare shall be 4-feet diameter and 50-feet tall. o
It is understood that the capacity of John Zink’s 4-foot diameter stack is 10.7MMBTU/hr, which can handle 300 scfm at 65% methane). Current methane concentrations shall remain at 70% methane, as noted in the specification, but when digester gas flow is increased to 300 scfm the City will limit the peak methane concentration will to 65% (to remain under the capacity of flare).
o The permit currently limits flare operations to 10.64 MMBTU/hr (HHV). If the City ever starts a food waste program and digester gas production is increased (as it approaches 150 cfm) the City will analyze the gas composition and determine what is required upstream (if anything) to reduce heat production at the permitted buildout design condition (300 scfm at 10.64 MMBTU/hr).
• Time is of the essence for resubmittal of the flare (existing submittal 11382-2.0 has a status of “amend and resubmit”) as the milestone completion deadline is quickly approaching and to ensure the City does not receive air permit violations/fines and Contractor can meet the permitted deadline requirements.

Attachments
633490 DRAFT Wording and Conditions PSC-WWTP dg-Flare V1_Feb 2023.pdf All Replies Response from Brian Jensen MWH Construction Management Team on Monday, Mar 13, 2023 at 04:08 PM PDT The response provided by the engineer clarifies what is required by the contract documents. As such it is considered included within the contract and original bid. The contractor is requested to proceed immediately with procurement of the flare as time is of the essence and the current contract milestone date for construction of the flare will not be met.

Response from Sean Larson Stantec on Monday, Mar 13, 2023 at 03:48 PM PDT • Stainless is used on all gas components shown and specified in the contract documents.

Attachments
633490 DRAFT Wording and Conditions PSC-WWTP dg-Flare V1_Feb 2023.pdf RFI #42 - SST vs. Carbon Steel Specs - Gas Flare Stack Project: Palm Springs - WWTP Digester No 2 MWH Constructors Inc. Page 2 of 2 Printed On: Mar 13, 2023 04:15 PM PDT Item 1FF - Page 18

Page 1 ends

Permit No. TBD
A/N 633490

DRAFT PERMIT TO CONSTRUCT/OPERATE
DRAFT PERMIT TO CONSTRUCT/OPERATE V1
This initial permit must be renewed ANNUALLY unless the equipment is moved, or changes ownership. If the billing for the annual renewal fee (Rule 301(d)) is not received by the expiration date, contact the District.

Legal Owner or Operator: PALM SPRINGS CITY, WASTE WATER TREATMENT ID 14898 4375 MESQUITE AVE
PALM SPRINGS, CA 92264
Equipment Location: 4375 MESQUITE AVE, PALM SPRINGS, CA 92264 Equipment Description:

Digester gas flaring system, consisting of:

1. Knockout vessel / condensate and sediment trap.

2. Automatic gas shutoff valve.

3. Two booster blowers, in duty/standby arrangement, 300 SCFM maximum capacity each, venting anerobic digesters from wastewater treatment plant.

4. Flame arrestor.

5. One (1) enclosed flare, John Zink, Model ZTOF, 4'-0" Dia. × 50'-0" H., 10.64 MMBtu/hr, digester gas-fired, with natural or propane gas pilot, UV flame detector, purge air blower, air damper, automatic combustion air control and flare restart system, and no rain cap.

Conditions :

1. Operation of this equipment shall be conducted in accordance with all data and specifications submitted with the application under which this permit is issued unless otherwise noted below.

2. This equipment shall be properly maintained and kept in good operating condition at all times.

3. This equipment shall be operated by personnel properly trained in its operation.

6. The digester gas flaring system under A/N 02981E shall not be operated when this equipment is in operation. The operator shall keep and maintain daily log of flaring operation to demonstrate compliance with this condition.

7. Either a pilot flame or digester gas combustion flame shall be maintained in the flare whenever digester gas may be venting to the digester.

4. An identification tag or nameplate shall be displayed on the equipment to show manufacturer and model number. The tag(s) or nameplate(s) shall be issued by the manufacturer and shall be affixed to the equipment in a permanent and conspicuous position.

5. All digester gas shall be directed to this equipment for combustion and/or to appropriate equipment which is operated in accordance with its valid Permit to Construct or Operate as issued by the South Coast AQMD.

Note: John Zink was selected by Stantec and used for the SCAQMD Permit application prior to bid.

Item 1FF - Page 19

Page 2 ends

Permit No. TBD
A/N 633490

DRAFT PERMIT TO CONSTRUCT/OPERATE
DRAFT PERMIT TO CONSTRUCT/OPERATE V1

8. Operation of this equipment shall not result in the release of any raw digester gas into the atmosphere.

9. Either a pilot flame or digester gas combustion flame shall be maintained in the flare whenever digester gas may be venting to this flare.

10. This equipment shall be equipped with an automatic shutdown system with a failure alarm, which has been approved by the South Coast AQMD, to automatically isolate the flare from the digester gas supply line, shut off the blower, and immediately notify a responsible party of the shutdown.

11. The automatic shutdown safety system shall be tested annually or as per the manufacturer’s recommendations for proper operation and the results shall be recorded and maintained.

12. This equipment shall be equipped with at least one temperature indicating and recording device to measure and record the gas temperature in the flare stack instantaneously and provides a 15-minute average temperature. The temperature indicator shall be installed and maintained at a location such that the temperature is measured at a location above the flame zone, at least 0.6 seconds downstream of the burner and not less than five (5) feet from the top of the stack.

13. This equipment shall be designed and operated such that the flame in this equipment remains below the height of the temperature indicator described in Condition No. 12 at all times.

14. Whenever this equipment is in operation, a temperature of not less than 1,400 degrees Fahrenheit and not greater than 2,000 degrees Fahrenheit, averaged over 15 minutes, as measured by an approved temperature indicator described in Condition No. 12, shall be maintained in the stack, except during periods of startup and shutdown.

Startup is defined as the period from flare ignition to the time when 1,400 degrees Fahrenheit is achieved, not to exceed 30 minutes. Shutdown is defined as the period beginning when the gas valve begins to close and ending when the gas valve complexly shuts off/closed, not to exceed 30 minutes.

15. Btu content readings of the gas at the inlet to the flare shall be measured using an instrument or method approved in writing by the South Coast AQMD, weekly for at least the first twelve months of normal operation. After twelve months of normal operation, the operator may request an alternative monitoring schedule for approval, which will provide equivalent levels of emission control enforceability, as would compliance with the required to take Btu content readings weekly.

All results shall be recorded.

16. A continuous, non-resettable totalizing flow indicating and recording device shall be installed and maintained in the digester gas supply line(s) to this equipment to measure and record the quantity of digester gas, in standard cubic feet per minute (SCFM), combusted by this equipment. In case a pressure sensor device is used in place of the flow indicate, a conversion chart shall be posted on the equipment to indicate the flow rate (in SCFM) corresponding to the pressure reading.

17. The total flow rate of landfill gas to the flare shall not exceed 17,973 SCFH at 592 Btu/scf (or equivalent).

18. The heat input through the flare shall not exceed 10.64 MMBtu/hr (HHV). A log shall be kept and maintained to indicate the total heating value of digester gas burned in the flares based on the recorded flow rate and the Btu content reading.

19. All recording devices shall be synchronized with respect to the time of day.

Item 1FF - Page 20

Page 3 ends

Permit No. TBD
A/N 633490

DRAFT PERMIT TO CONSTRUCT/OPERATE
DRAFT PERMIT TO CONSTRUCT/OPERATE V1

20. The exhaust stack shall have a height of at least 50'-0" above grade, with no rain cap.

21. At least two sampling ports, 90 degrees apart, shall be installed and maintained in the stack at least one-half duct diameter upstream of the stack outlet. Each sampling port shall consist of a 4-inch coupling with plugs. All ports shall be properly centered.

An equivalent method of sampling may be used upon written approval by the South Coast AQMD.

Adequate and safe access to all source test ports shall be provided within 48 hours’ notice by South Coast AQMD.

22. A sampling port shall be installed and maintained at the inlet gas line to this equipment to allow the collection of a digester gas sample.

23. This equipment shall be equipped with a sufficient number of view ports to allow the visual inspection for the flame height within the stack at all times. The view ports shall be located at the elevation of the temperature sensor locations. Safe and adequate access shall be provided for all view ports upon request by South Coast AQMD personnel.

24. Btu content readings of the gas at the inlet to the flare shall be measured using an instrument or method approved in writing by the South Coast AQMD, weekly for at least the first twelve (12) months of normal operation. After twelve months of normal operation, the operate may request an alternative monitoring schedule for approval, which shall provide equivalent levels of emission control and enforceability, as would compliance with the requirement to take Btu content readings weekly. All results shall be recorded, kept, and maintained.

25. The maximum skin temperature at any accessible location shall not exceed 250 degrees Fahrenheit upon request by South Coast AQMD personnel.

26. The emissions resulting from this equipment shall not exceed the following:

27. The heat input through this equipment shall not exceed 10.64 MMBtu/hr (HHV).

28. NOx emissions from this equipment shall not exceed 0.06 lb/MMBtu.

29. This equipment shall be operated and maintained in compliance with all applicable provisions of South Coast AQMD Rules 431.1 and 1118.1.

30. The operator shall provide written notification of completion of construction to the South Coast AQMD (addressed to South Coast Air Quality Management District, Waste Management Permitting, 20865 Copley Drive, Diamond Bar, CA 91765) within 7 days of the completion of construction.

31. The operator of this equipment, shall, within 60 days of completing construction, submit As-Built specifications (make, model, dimensions, size, maximum capacities, etc.), process flow diagrams, and P&I drawings to South Coast AQMD (addressed to South Coast Air Quality Management District, Waste Management Permitting, 20865 Copley Drive, Diamond Bar, CA 91765).

Item 1FF - Page 21

Page 4 ends

Permit No. TBD
A/N 633490

DRAFT PERMIT TO CONSTRUCT/OPERATE
DRAFT PERMIT TO CONSTRUCT/OPERATE V1

32. A source test protocol shall be submitted to South Coast AQMD Waste Management Permitting Team and [email protected] no later than 90 days before the proposed test date and shall be approved by South Coast AQMD before the test commences or a valid previously South Coast AQMD approved protocol may be used recurring source test(s). At a minimum, the source test protocol shall include the following, unless otherwise approved in writing by South Coast AQMD:

A. The name, address, and contact information of the unit operator and the South Coast AQMD approved source testing contractor that will conduct the test(s); B. The application and permit number;
C. A copy of the current valid approved permit;
D. A description of the equipment to be tested, including a process schematic indicating sampling locations/ports and sampling duct/stack dimensions, along with upstream and downstream flow disturbances (e.g. elbows, tees, and fans); E. A brief process description;
F. A description of the sampling and analytical methods for each constituent measured; G. Complete calculations for flow rates, concentrations, emission rates, and efficiencies; H. A description of the calibration and quality assurance procedures.

I. Sampling facilities shall comply with the South Coast AQMD guidelines for construction of sampling and testing facilities, pursuant to Rule 217;
J. Copy of LAP approval for methods being used in the source test; and K. A statement determining that the testing laboratory qualifies as an “independent testing laboratory” under Rule 304 (no conflict of interest), signed by the responsible authority.

A subsequent source test protocol shall be submitted if the unit has been altered in a manner that requires a permit alteration, if emission limits for the unit have changed since the previous source test, or if requested by the South Coast AQMD.

33. The owner/operator shall conduct source test(s) of this equipment as follows:

A. An initial source test shall be conducted within 180 days from the initial startup of this equipment, unless otherwise approved in writing by the South Coast AQMD.

B. Subsequent source tests, following the initial source test, as required by Condition No. 26(A), shall be conducted at least once every 5 years from the anniversary date of the previous source test.

C. Testing shall be conducted by an approved contractor under the South Coast AQMD Laboratory Approval Program (LAP) and in compliance with South Coast AQMD Rule 304 (no Conflict of Interest).

D. The LAP contractor shall not conduct any pre-tests for compliance.

E. Sampling facilities shall comply with South Coast AQMD “Guidelines for Construction of Sampling and Testing Facilities” pursuant to Rule 217.

Item 1FF - Page 22

Page 5 ends

Permit No. TBD
A/N 633490

DRAFT PERMIT TO CONSTRUCT/OPERATE
DRAFT PERMIT TO CONSTRUCT/OPERATE V1
F. No later than 10 days prior to conducting a source test, South Coast AQMD Waste Management Permitting Team and [email protected] shall be notified of the scheduled source test date. If a scheduled source test is delayed, an owner or operator shall notify the South Coast AQMD within 24 hours from the time that an owner or operator knew of the delay. An owner or operate shell provide at least 7 days prior notice of the rescheduled date of the source test or arrange a rescheduled date with the South Coast AQMD by mutual agreement.

G. The source test(s) shall be conducted in accordance with South Coast AQMD approved test methods and procedures pursuant to a valid South Coast AQMD source test protocol.

34. H. The source test(s) shall be additionally conducted during operating periods other than startup or shutdown, in as-found operation condition, and averaged over a maximum 60 minutes of equipment operation.

I. The source test report(s) shall be submitted to the South Coast AQMD Waste Management Permitting Team and [email protected] within 45 days following completion of the source test, unless otherwise approved in writing by the South Coast AQMD. The testing shall be conducted when the equipment is in full operation and shall include, but not be limited to and unless otherwise approved in writing by the South Coast AQMD, a test of the inlet to the flare and the flare exhaust for:
i. Methane
ii. Total Non-Methane Organic Compounds (TNMOC)
iii. Toxic Air Contaminants (TAC) including, but not limited to, Benzene, formaldehyde, Total PAHs (excluding Naphthalene), Naphthalene, Acetaldehyde, Acrolein, Ethyl Benzene, Hexane, Toluene, and Xylenes (exhaust only) iv. NOx as NO2 (exhaust only)
v. CO (exhaust only)
vi. Total Particulates and PM10 (exhaust only)
vii. Oxygen and Carbon Dioxide
viii. Moisture Content
ix. Temperature (exhaust only)
x. Flow Rate (ACFM, SCFM)
xi. Total Sulfur Compounds as Hydrogen Sulfide (inlet only) xii. Btu value (inlet only) (HHV)
xiii. Nitrogen (exhaust only)
xiv. Sewage treatment influent flow rate
Item 1FF - Page 23

Page 6 ends

Permit No. TBD
A/N 633490

DRAFT PERMIT TO CONSTRUCT/OPERATE
DRAFT PERMIT TO CONSTRUCT/OPERATE V1
Emissions of CO, NOx, TNMOC, Methane, PM10, and SOx shall be reported in units of lb/MMBtu, lb/hr, and ppmv (except Particulates/PM10, which shall be reported in lb/MMscf, lb/hr, and grain/scf), overall TNMOC & Methane destruction efficiency (% wt.), TAC (lb/hr and ppmv), oxygen and carbon dioxide (% vol.), sulfur compounds as H2S (ppmv), and resultant SOx (lb/MMBtu, lb/hr, and ppmv).

35. Any breakdown or malfunction which results in emissions of raw digester gas shall be reported to the South Coast AQMD within one hour of such breakdown or within one hour the operator knew or reasonably should have known of its occurrence, in accordance with Rule 430 provisions, and immediate remedial measures shall be undertaken to correct the program and prevent further emissions into the atmosphere pursuant to Rule 430.

36. All records required to demonstrate compliance with these conditions, including but not limited to, of inspections, corrective actions, and monitoring, shall be maintained for at least five (5) years and shall be made available to South Coast AQMD personnel upon request.

37. This Permit to Construct shall expire if construction of this equipment is not completed within one year from the date of issuance unless an extension is granted in writing by the South Coast AQMD.

At least 30 days prior to the expiration date of the Permit to Construct, the operator shall submit a written request for and obtain an extension of time to construct this equipment on an annual basis until such time construction is completed and a written notification has been submitted reporting the date construction was completed and the date operation of the equipment is intended to commence. Each extension request shall include the following information:

A. The permit number and application number for which an extension is requested.

B. The increments of construction progress that have been completed thus far, with schematics, specification, and/or photos (if available).

C. The increments of construction progress that have yet to be completed for construction to be complete.

D. Explanation and description of any delays or circumstance necessitating the extension.

E. The proposed date of extension being requested for the Permit to Construct.

Item 1FF - Page 24

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENTS NO. 24B235 WITH CAT CITY AUTO BODY INC., AND NO. 24B236 WITH MARVIN’S AUTO

PAINT INC FOR AUTO BODY REPAIR SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This action will approve Contract Services Agreement No. 24B235 with Cat City Auto Body, Inc., in an amount not to exceed $722,050, and Contract Services Agreement No. 24B236 with Marvin’s Auto Paint Inc., in an amount not to exceed $309,450, for auto body repair services.

RECOMMENDATION:

1. Approve Contract Services Agreement 24B235 (Attachment A) with Cat City Auto Body, Inc., to provide auto body repair services in an amount not to exceed $722,050 for the initial three-year term beginning November 25, 2024, through November 24, 2027, with two one-year extension options at the City’s sole discretion; and

2. Approve Contract Services Agreement 24B236 (Attachment B) with Marvin’s Auto Paint Inc., to provide auto body repair services in an amount not to exceed $309,450 for the initial three-year term beginning November 25, 2024, through November 24, 2027, with two one-year extension options at the City’s sole discretion; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms submitted on September 3, 2024, Cat City Auto Body, Inc. (Attachment C) and Marvin’s Auto Paint Inc (Attachment D) are both registered in the state of California.

Item 1G - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Award Auto Body Repair Services Contracts
BACKGROUND:

The City of Palm Springs requires the services of a contractor to provide on-call auto body repair work for its Fleet Operations division. Due to the extent of services needed and in order to make necessary repairs to the existing and expanding fleet, staff opted to resolicit bids prior to the conclusion of the current contract, as all available contract funds will be expended prior to the expiration date.

Due to the success of the initial on-call contract awarded in 2022, staff has pursued and is recommending approval of two contract services agreements to address the current and expanding fleet.

STAFF ANALYSIS:

The service contracts with Cat City Auto Body, Inc. and Marvin’s Auto Paint Inc. are oncall, as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.

An Invitation for Bids (IFB 24-23) was initiated by the City’s Procurement and Contracting Department on July 29, 2024, based on the Department of Public Works specifications.

Bids were solicited directly via the City’s procurement vendor portal, PlanetBids. In addition, the IFB was advertised in The Desert Sun. Four bids were received by the September 3, 2024, deadline as follows:

Vendor Bid
Cat City Auto Body, Inc. – Cathedral City, CA $643,000.00 Marvin’s Auto Paint, Inc. – Palm Springs, CA $659,500.00 J & L Auto Body, Inc. – West Covina, CA $659,500.00
Fiesta Ford – Indio, CA $786,000.00
The Department recommends award of contracts to the two lowest responsive, responsible bidders. Cat City Auto Body, Inc. will be the primary contract and Marvin’s Auto Paint, Inc. will be the secondary. Although the second and third bidders were tied, the City’s local preference ordinance requires award in a tie situation to the local vendor.

The Department will reach out to the primary contract holder first to perform the work needed. If the primary Contractor is unable to perform the work due to schedule constraints, the Department will reach out to the secondary contract holder to perform the work.

The unit pricing is fixed for the first year and subject to CPI increase in the following years.

Staff recommends approval of Contract Services Agreement No. 24B235 with Cat City Auto Body Inc. for the initial three-year term in the amount not to exceed $722,050 as the primary contract, effective November 25, 2024 through November 24, 2027, subject to Item 1G - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Award Auto Body Repair Services Contracts
two one-year optional renewals at the sole discretion of the City, and Contract Services Agreement No. 24B236 with Marvin’s Auto Paint Inc. for the initial three-year term in the amount not to exceed $309,450 as the secondary contract, effective November 25, 2024 through November 24, 2027, subject to two one-year optional renewals at the sole discretion of the City
ENVIRONMENTAL ASSESSMENT:

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2A, Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are available in Fiscal Year 2024-25 Fleet account 5106560-40105.

REVIEWED BY:

A. Contract Services Agreement No. 24B235
B. Contract Services Agreement No. 24B236
C. Public Integrity Disclosure – Cat City Auto Body Inc.

D. Public Integrity Disclosure – Marvin’s Auto Paint Inc.

Item 1G - Page 3

ATTACHMENT A

Item 1G - Page 4
Revised 12.21.23 Page 1 of 21
CONTRACT SERVICES AGREEMENT 24B235

AUTO BODY REPAIR SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 25, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Cat City Auto Body, Inc., 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 vendor to provide auto body repair services on an as-needed basis, (“Project”).

B. Contractor has submitted to City a quote to provide auto body repair services, to City under the terms of this Agreement.

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

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

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.

Item 1G - Page 5
Revised 12.21.23 Page 2 of 21

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

3.2 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 schedule of fees 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.

4. PERFORMANCE SCHEDULE

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

Item 1G - Page 6
Revised 12.21.23 Page 3 of 21

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 25, 2024, and ending on November 24, 2027, 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.

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

5. COORDINATION OF WORK

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 Item 1G - Page 7
Revised 12.21.23 Page 4 of 21
Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written 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.

Name: Title:

Arthur Avakyan President
Item 1G - Page 8
Revised 12.21.23 Page 5 of 21

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).

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 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 Item 1G - Page 9
Revised 12.21.23 Page 6 of 21
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.

8. RECORDS AND REPORTS

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.

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 Item 1G - Page 10
Revised 12.21.23 Page 7 of 21
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.

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.

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 Item 1G - Page 11
Revised 12.21.23 Page 8 of 21
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.

10.3 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 non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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

Attention: Arthur Avakyan
68314 Kieley Rd
Cathedral City, CA 92234

Item 1G - Page 12
Revised 12.21.23 Page 9 of 21

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.

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

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CAT CITY AUTO BODY, INC.

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

CONTRACTOR:

By: _____________________________ By: _______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________________ Item No. ______________
APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1G - Page 14
Revised 12.21.23 Page 11 of 21
EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1G - Page 15
Revised 12.21.23 Page 12 of 21

1.1 Scope of Work:

A. Contractor shall provide auto body repair services (Work) on as as-needed basis for all City of Palm Springs vehicles including sedans, trucks, sport utility vehicles and other fleet equipment.

B. Contractor shall furnish all necessary labor, parts, and services in accordance with the provisions and terms and conditions.

C. Contractor must be able to provide quick turnaround.

D. Contractor must provide certified technicians.

E. Contractor must have a complete body repair facility.

F. The scope of work includes auto body repairs and repair practices to include but is not limited to the following:

1. Body repair and/or replacement of body panels

2. Refinishing

3. Frame Straightening

4. Decal Services

5. Painting
G. Contractor shall follow repair standards that include but are not limited to:

1. Masking, protecting, or removing and re-installing all chrome, glass, lighting equipment (light bars. strobes), winches, etc. and any other vehicle component(s) or accessory(ies) that could be damaged while making repairs.

2. Making all necessary adjustments, aligning doors, hood decks, trucks, fenders, or other body components such as hinges, latches, etc., that are not damaged, but would require such labor to produce a finished job.

3. Aligning front and/ or rear ends (casters, camber, and toe-in, etc.) when collision damage has affected them.

4. Reapplying rust-proofing and under-coating in any repaired areas which originally had this type of protection.

5. Recovering seat(s), arm rest(s), headliner, etc., if so, requested by the Fleet Manager.

6. Where applicable, resetting, repairing, and/or restoring any active or passive restraint systems such as seat and shoulder harnesses, and/or air bag systems to fully functional new original equipment manufacturers (O.E.M.) factory standards.

7. Completing color change for vehicles or equipment must include door jams, hood. truck, and deck jams.

H. Contractor, when installing auto body parts, shall follow repair standards that include but are not limited to:

1. All body parts shall meet the automobile manufacturer's specification requirements.

2. City of Palm Springs does not always require that new body parts be used.

Item 1G - Page 16
Revised 12.21.23 Page 13 of 21
a. Used parts, at the sole discretion of the Fleet Manager, may be installed depending on the age and value of the equipment being repaired.
b. City of Palm Springs reserves the right to provide the used auto body parts when appropriate as determined by the Fleet Manager. c. Contractor, with prior written approval of the City of Palm Springs Fleet Manager, may utilize used body parts provided the used parts equal the materials used in the original body part and match the original contours with regards to fit and alignment of the vehicle being repaired.

I. Contractor shall take the installation of used auto body parts into consideration when issuing an estimate for work that will include such parts.

J. Used auto body parts shall be warranted for one (1) year and shall cover at minimum the completed paint work, affixing of various decals and completed repairs.

K. The warranty for new body parts shall be the manufacturer's standard warranty. New original equipment manufacturers (O.E.M.) body repair parts and new aftermarket repair parts shall carry a manufacturer's warranty.

L. All airbag components and seat belt components shall be replaced with new O.E.M. parts.

M. Contractor shall issue estimates that include but are not limited to the following information:

1. A standard form of estimating, such as the Mitchell Collision Estimating Guide or the applicable industry standard list used by insurance appraisers for estimating repair costs.

2. Repair cost estimates shall be due within two (2) days after calling for estimate of work assignment.

3. Prior to the commencement of repair work, Contractor shall issue a written estimate, indicating the following:
a. Estimated hours of repair required
b. An itemized list of all parts required
c. Anticipated finish date for all repairs
d. Itemized pricing for all labor and materials
N. If additional costs (labor and/or parts) are identified due to hidden damage, Contractor shall notify within two (2) business days after receipt of the vehicle to be repaired.

1. Approved additional costs shall be itemized on an invoice. Separate from the original estimate, and clearly identified as hidden damages.

2. Should the City of Palm Springs not accept Contractor’s estimate of additional charges and/or delivery delay attributable to the hidden damage, the City may, at its sole discretion, require that Contractor return the vehicle within 48 hours to the City without any additional charges.

3. The City's only liability shall be for work already approved and completed.

Item 1G - Page 17
Revised 12.21.23 Page 14 of 21
O. Authorization to Begin Work starts when the designated City official returns a copy of the "Approved" Estimate of Repair Cost form, including Purchase Order Number to the Contractor assigned to the work order.

P. Upon notification of work by Fleet Management, Contractor shall transport the vehicle from the requesting department’s facility and begin work within two (2) business days after notification of award.

Q. Contractor shall be responsible for the safe pickup, transport, and delivery of vehicles.

R. All transportation of vehicles shall be done without additional charge to the City of Palm Springs.

S. Upon return of the finished vehicle, if the fleet manager determines that the vehicle was not properly repaired according to accepted industry standards, the fleet manager will discuss the matter with the Contractor for full resolution in the best interest of the City of Palm Springs.

T. Contractor who provides poor quality repair, excessive hidden damage estimates, excessive delays in completing repairs or who is otherwise not in compliance with the terms and conditions of this RFP may be dropped from the auto body repair service program without notice.

U. Contractor shall be responsible for the security and storage of City vehicle(s) at their repair facility.

V. Contractor shall reimburse the City for all damages to City property in their care, such as unwarranted wear and tear, acts of vandalism and malicious mischief, all physical damages, including acts of commission and/or omission by Contractor’s employees and others.

1.2 Insurance Requirements:

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:

Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through

3.96 entitled Business Tax.

1.4 Pricing:

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 RiversideSan Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form. 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, portalItem 1G - Page 18 Revised 12.21.23 Page 15 of 21
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.

1.5 Invoicing:

Item 1G - Page 19
Revised 12.21.23 Page 16 of 21
Item 1G - Page 20

ATTACHMENT G

BIO FORM
INVITATION FOR BIDS (IFB 24-23)

AUTO BODY REPAIR SERVICES
Responding to this IFB for Auto Body Repair services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, mate,ials, supe,vision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Sprinos anrl will ~r.r.P.r,t ~s full payment therefore, the following unit cosl amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

ITCM DESCRIPTION UNIT ESTIMATED UNIT PRICE SUBTOTAL QUANTITY 1 Body Repair Labor HR 2000 $65.00 $130,000.00
2 Paint Labor HR 3000 $65.00 $195,000.00
3 Mechanical I Electrical Labor HR 1200 $1 10.00 $132,000.00 4 rrame Repair Labor HR 900 $·11~.oo $103,500.00
5 Aluminum Repair Labor HR 900 $75.00 $67,500.00
6 Parts & Materials Mark-up % % $150.000 10% $15,000.00 TOTAL (Enter this amount in PlanetBids) $643,000.00
•NOTE: This bid form is to determine the lowestt bidder and will be used to establish the contract unit prices. The contract will be set at the City budget amount. Total budgeted amount for this contract would be split between primary contract (70%) and secondary contract (30%).

Firm Name: Cat City Auto Body, Inc.

Signature of Authorized Person: C Grutv,, ' ""')
Printed Name: Arthur Avakyan
Title: President
Date: _ ____.g~fol-= ~ -~' 7 /42'--=l/i"----------
Revised 12.21.23 Page 17 of 21
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.

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.

Item 1G - Page 22
Revised 12.21.23 Page 19 of 21

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.

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.

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 Item 1G - Page 23
Revised 12.21.23 Page 20 of 21
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.

Item 1G - Page 24
Revised 12.21.23 Page 21 of 21
Item 1G - Page 25
ATTACHMENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIOS (IFB 24-23)

AUTO BODY KEPAIR SERVICES
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 aulhority to (a) terminale any r.nntr::ir.ts with any individuals or entiti9s that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering inlo any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
1:xecut1ve 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 1,HQP.I of ,my economic sanctions against Rue£ia and RuGtiian entitle:, and ind ividuai~.

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 ,md individuals as discussed in l:xecutive Order N-6-22 ::inn h) the pi;,rson signing below is rluly authorized lo l9gally bind the Contrnclor. This certification is made u11ue1 the laws of the State of California.

Signature: ,- CSi§i + :::>
Printed Namc: Arthur Avakyan
Title: President
Firm N,m1e Cat City Auto Body, Inc.

Date: __ _:is. ==:.L,.;/2fl=.:,l=kxo.#::L-. ____ _

ATTACHMENT B

Item 1G - Page 26
Revised 12.21.23 Page 1 of 21
CONTRACT SERVICES AGREEMENT 24B236

AUTO BODY REPAIR SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on November 25, 2024, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Marvin’s Auto Paint Inc., 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 vendor to provide auto body repair services on an as-needed basis, (“Project”).

B. Contractor has submitted to City a quote to provide auto body repair services, to City under the terms of this Agreement.

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

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

AGREEMENT

1. CONTRACTOR SERVICES

Item 1G - Page 27
Revised 12.21.23 Page 2 of 21

3. COMPENSATION OF CONTRACTOR

4. PERFORMANCE SCHEDULE

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

Item 1G - Page 28
Revised 12.21.23 Page 3 of 21

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 25, 2024, and ending on November 24, 2027, 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.

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.

5. COORDINATION OF WORK

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 Item 1G - Page 29
Revised 12.21.23 Page 4 of 21
Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

Name: Title:

Marvin R Martinez Owner

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 Item 1G - Page 30
Revised 12.21.23 Page 5 of 21
(“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).

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 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.

Item 1G - Page 31
Revised 12.21.23 Page 6 of 21

8. RECORDS AND REPORTS

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.

Item 1G - Page 32
Revised 12.21.23 Page 7 of 21

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.

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.

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.

Item 1G - Page 33
Revised 12.21.23 Page 8 of 21

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 non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Marvin’s Auto Paint Inc.

Attention: Marvin R Martinez
651 S. Oleander Rd
Palm Springs, CA 92264

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

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

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

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND MARVIN’S AUTO PAINT INC.

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

CONTRACTOR:

By: _____________________________ By: _______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _____________________ Item No. ______________
APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”

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