Agenda packet, closed session — Palm Springs City Council, November 21, 2024 (part 5 of 11)

7 fU,) JOHN DEERE
~ WARNING
Warning: Cancer and
Reproductive Harm. For more Information go to:
www.P65Warnings.ca.gov
Purchase Order Totals
Balance: $177,339.93
CA STATE TAX: $10,640.39
CA COUNTY TAX: $443.35
CA CITY TAX: $2,660.10
CA SPECIAL TAX: $2,660.10
Sales Tax Total: $16,403.94
CA Tire Fee: $7.00
Sub Total: $193,750.87
Cash with Order: $0.00
Balance Due: $193,750.87
Legal Information
For the Construction Product(s)
ACKNOWLEDGMENTS - Purchaser offers to sell, transfer, and convey the item(s) listed as “Trade In” to the Dealer at or prior to the time of delivery of the above Product(s), as a “trade-in” to be applied against the cash price. Purchaser represents that each “trade-in” item shall be free and clear of all security interests, liens, and encumbrances at the time of transfer to the Dealer except to the extent shown below. The price to be allowed for each “trade-in” item is listed on this document. The Purchaser promises to pay the balance due shown hereon in cash, or to execute a Time Sale Agreement (Retail Installment Contract), or a Loan Agreement for the purchase price of the Product(s), plus additional charges shown thereon, or to execute a Lease Agreement, on or before delivery of the Product(s) ordered herein. Despite delivery of the Product(s) to the Purchaser, title shall remain with the Seller until one of the foregoing is accomplished. Except as provided herein and as necessary to protect RDO Equipment from the claims or a bankruptcy trustee or a buyer in the ordinary course or business, the Purchaser and the Dealer agree that this Purchase Order is not a security agreement and that delivery of the Product(s) to the Purchaser pursuant to this Purchase Order will not constitute possession of the Product(s) by the Purchaser, as a debtor, for the purposes of the purchase money security provisions in any statutes relating to personal property security or its equivalent. Purchaser understands that its rights in connection with this purchase are limited as set forth in this Purchase Order. I (we) hereby grant a security interest to RDO Equipment in the Product.

DISCLOSURE OF REGULATION APPLICABILITY - When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. More information is available on the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.

IMPORTANT WARRANTY NOTICE - The Standard Warranty for new John Deere construction and forestry products is set forth in a separate document provided by the dealer.Please read the Standard Warranty carefully before signing. No express warranty is made unless specified in the Warranty Statement. PURCHASER'S RIGHTS AND REMEDIES PERTAINING TO THIS PURCHASE ARE LIMITED AS INDICATED IN THE STANDARD WARRANTY AND PURCHASE ORDER. WHERE PERMITTED BY LAW, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS MADE.

Telematics: Orders of telematic devices include only the hardware. Where available, telematics software, including JDLink™ connectivity service, may be enabled from your local John Deere Operations Center or JDLink website. Please see your authorized John Deere dealer for assistance.

The undersigned purchaser(s) (the “Purchaser”) hereby orders the product (the “Product”) described above from the Dealer. The Dealer shall not be liable for failure to provide the Product or for any delay in delivery if such failure or delay is due to the Dealer's inability to obtain such Product from the manufacturer or supplier or other cause beyond the Dealer's control. The cash price shown above is subject to the Dealer receiving the Product from the manufacturer or supplier prior to any change in price by the manufacturer or supplier and is also subject to any new or increased taxes being imposed upon the sale of the Product after the date of this Purchase Order.

Upon signature of delivery acknowledgment, customer is accepting the equipment, including attachments, in “AS IS” condition, agreeing to notify RDO Equipment Co. within 24 hours of any damages or discrepancies found upon receipt of equipment.

Signature Area
Purchase Order Accepted By:
(Customer's Signature) (Date Accepted)
(Authorized Signature of Dealer) (Date Accepted)
Delivery of Equipment Acknowledgement:
(Customer's Signature) Date Accepted
(Account Manager's Signature) Date Accepted
Standard Warranty Acknowledgement:
(Delivered On) (Warranty Begins) (Customer's
Intials)
(Account
Manager's
Initials)
Extended Warranty Oil Sampling Acknowledgement:
(Customer's Initials) (Account Manager's Initials)
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Equipment Options
Qty Serial Number Year / Make / Model Description
1 TBD 2025 JOHN DEERE 320P 17C0T 320 P-tier Backhoe Loader 0202 United States
0351 Translated Text Labels
0259 English
1003 Cab
8096 Premium Mirror Option - Exterior Rear View Mirrors (2) and Front View Mirror (1)
8109 Sun Visor
8146 Left Side Console Storage with Cup Holders
8183 Radio, Bosch Premium Package
8207 Seat, Cloth Air-Suspension
183E JDLinkâ„¢
3009 Autoshift Transmission - Mechanical Front Wheel Drive (MFWD) with Limited Slip Differential
4006 John Deere 4.5L - FT4/Stage IV
8213 Chrome Exhaust Extension
8075 Diagnostic Oil Sampling Ports
5250 Galaxy 21L-24 12PR Rear & 12.5/80-18 10PR Front
6152 Single Battery with Disconnect and Jump Post
8226 Strobe Light with Magnetic Mount
6752 Extendible Dipperstick
6576 1000 lb. (454 kg.) Front Counterweight
8313 Stabilizer Guard
7002 Auxiliary Hydraulics with One & Two Way Flow (Hammer & Thumb/Swinger)
7028 Pilot Controls, Two Lever, with Pattern Selection
7040 Three-Function Loader Hydraulics, Single Lever
8125 Heavy-Duty Backhoe Bucket Cylinder
8165 Auto Ride Control
7800 Less Backhoe Bucket with Bucket Pins
7706 Multi-Brand Quick Coupler - 37 in. Thumb Ready
7861 Multi-Purpose Bucket
8025 Thumb - 37 in. 4 Tine
8062 Backhoe Boom Protection Plate
8115 MFWD Driveshaft Guard
AT434236 Rubber Bumper for Grille Frame
1 TBD 2024 JOHN DEERE 410HD12 AT437338 12 in(309mm) HD Bucket 1 TBD 2024 JOHN DEERE 410HD18 AT437340 18" BUCKET FOR 310SL/410L 1 TBD 2024 JOHN DEERE 410HD24 AT437344 24 in(611mm) HD Bucket 1 TBD 2024 JOHN DEERE 410HD36 AT436333 36 in(919mm) HD Bucket 1 TBD 2024 OKADA AMERICA TOP60 TOP60 1500 ft. lb. Class Breaker BRACKET 320P WITH MOUNTING PINS CARRIER SPECIFIC
(320P)

HOSE WHIPS HOSE WHIPS WITH COUPLERS

MOIL POINT MOIL POINT WORKING TOOL
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US/CAN DEERE Warranty Statement Ver. 10.0 Effective 14 Sep 2021 Page 1 of 4

STANDARD WARRANTY FOR NEW JOHN DEERE
CONSTRUCTION, COMPACT CONSTRUCTION (CCE) FORESTRY, AND UTILITY PRODUCTS – US & Canada
• Construction & Forestry Products: 12 months/unlimited hours (whichever occurs first) Full Machine Standard Warranty
• Compact Construction Equipment (CCE) Products: 24 months or 2000 hours (whichever occurs first) Full Machine Standard Warranty
• C&E Series Pull-Type Scrapers: 6 months Full Machine Standard Warranty • DC & DE Pull-Type Scrapers: 12 months Full Machine Standard Warranty • Scraper Tractors: 24 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty • Forestry Attachments: 12 Months or 2000 Hours (whichever occurs first) Full Machine Standard Warranty The "Standard Warranty" is part of the warranty protection package available from John Deere Construction & Forestry Company (John Deere Limited in Canada) ("John Deere") to purchasers of new John Deere products ("product"):

STANDARD Warranty is John Deere's standard new product warranty, described in this document, provided at no additional charge to the purchaser.

EXTENDED Warranty is a separate repair contract made available by John Deere for purchasers who wish to complement their Standard Warranty coverage. Complete Extended Warranty details, including coverage options and limitations, are set forth in the Application for Extended Warranty, which is available from authorized John Deere dealers.

STRUCTURALL Warranty applies to certain structural components as listed below and as described in this document.

FACTORY-INSTALLED UNDERCARRIAGE Warranty applies to certain undercarriage components as listed below and as described in this document.

A. STANDARD WARRANTY - GENERAL PROVISIONS
John Deere will repair or replace, at its option, any parts (except those specified below) of a new John Deere product that, as delivered to the original retail purchaser(s), are defective in material or workmanship. Performance of this warranty will be free of charge for parts and labor, except as otherwise stated below. Standard Warranty applies only to purchases from John Deere and authorized John Deere dealers and, except as otherwise provided in the next sentence and section L below, is extended only to the original retail purchaser of the product. Remaining Standard Warranty applicable to a used John Deere product is transferred to a subsequent purchaser of the product only if the subsequent purchaser requests a transfer from an authorized John Deere dealer before the product's Standard Warranty expires. Coverage begins on the date of delivery of the product to the original retail purchaser. For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used" for the total duration of such use. Warranty statements required by law covering engine emissions-related parts and components are found on a separate written warranty certificate provided to the purchaser at the time of the original retail purchase.

B. WHAT IS COVERED BY STANDARD WARRANTY -
All parts of a new John Deere product (except those noted in Sections D and E below) are covered during the Standard Warranty period set out above.

C. EXCLUSIVE REMEDY -
The repair or replacement of covered parts or components that are defective, as provided in Sections A, B, D.2 and D.3 herein, shall be the purchaser's exclusive remedy for any defect in the product. However, if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect, the purchaser's sole remedy shall be a refund of the amount paid for the product (in exchange for a return of the product), excluding any transportation charges, license fees, taxes and insurance premiums, and less a reasonable allowance for use of the product prior to its return. In no event will the dealer, John Deere or any company affiliated with John Deere be liable for any incidental or consequential damages, including but not limited to loss of profits, rental of substitute equipment or other commercial loss. Correction of defects in the manner provided above shall constitute fulfillment of all liabilities of the Dealer, John Deere, or any company affiliated with John Deere to the purchaser or any other person, whether based upon contract, tort, strict liability, or otherwise. This limitation does not apply to claims for personal injury.

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US/CAN DEERE Warranty Statement Ver. 10.0 Effective 14 Sep 2021 Page 2 of 4

D. ITEMS COVERED SEPARATELY -

1. Standard Warranty does not apply to batteries, radios, tires, cameras, or to Cummins, MTU or Detroit Diesel Engines installed in John Deere products, which are covered by separate written warranties.

2. Factory-Installed Undercarriage Warranty covers all non-rubberized factory-installed undercarriage wear components for 3 years or 4,000 hours from the date of delivery to the original retail purchaser, whichever occurs first (unless terminated earlier under Section F, below). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used” for the total duration of such use. In addition to the items listed in section E below, Factory-Installed Undercarriage Warranty does not cover: failures due to wear, machine application, maintenance practices, or improper machine configuration; removal and installation labor; transportation or hauling costs; unapproved parts; non-wear items; and rubberized undercarriage components such as rubber tracks. Warranty claims will be pro-rated based upon wear of the failed component and whether track shoe width is approved by John Deere. Factory-Installed Undercarriage Warranty does not apply to Scraper Tractors.

3. StructurALL Warranty for new John Deere Products (except Compact Excavators & Loaders, Skid-Steer Loaders, Compact Track Loaders, Scraper Tractors, Pull-Type Scrapers, and Forestry Attachments, which are not eligible for StructurALL Warranty) begins at the date of delivery to the original retail purchaser and ends (unless terminated earlier under Section F, below) after three (3) years, or 10,000 hours (whichever occurs first). For purposes of this warranty, a product that has been rented, used for demonstration purposes for 150 or more hours, or otherwise used prior to its original retail purchase has been "used” for the total duration of such use.

StructurALL Warranty applies only to the following structural components listed below as installed on the product at the time of original manufacture. If a particular component is not listed below it is not covered by StructurALL Warranty.

Arm; Articulation Joint (incl. pins & bushings); Bin Frame; Boom; Carbody; C-Frame*; Circle Frame; Coupler (John Deere built ONLY); Dipperstick; Draft Frame; Engine Frame; Equipment Frame; Grapple Arch and Grapple Boom; Loader Arm; Loader Frame; Mainframe; Moldboard Lift Arm; NeverGrease™ Pin Joints [Includes steering pin and bushing joints (standard equipment), roller elements (roller bearings) in bucket to boom joints and sliding elements (bushing) for boom and linkage joints (optional equipment)]; Rollover Protection Structure (ROPS); Side Frame; Swing Frame; Track Frame; Undercarriage Frame; X-Frame; Z-bar loader linkage (including bell crank and bucket driver link); Specialty booms and arms marketed as "heavy duty" by John Deere.

Items Covered by StructurALL for Cut-to-Length Forestry Machines: Front frame (welded assembly); Rear frame (welded assembly); Crane king post with basement; Middle joint frame; Cabin swing frame; Main Boom StructurALL Warranty does not apply to:

1. Any product used primarily in extreme duty or severe duty applications such as but not limited to:
demolition and wrecking, chemical plant (including fertilizer plants), salt mines, steel mill, land fill and transfer stations, scrap handling, scarifying and other applications that are similarly destructive or similarly heavy duty except specialty booms and arms as stated in Section D.3 above.

2. C-Frames on Crawlers equipped with root rakes or used in forestry applications unless equipped with an "extreme duty” reinforcement package.

3. Cut-to-Length Forestry Heads and Slash Bundler Units.

4. Crawlers equipped with optional side booms.

5. Cut-to-Length Forestry, Excavator, and Log Loader swing bearings.

6. Motor Graders equipped with front- or rear-mounted snow wings.

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US/CAN DEERE Warranty Statement Ver. 10.0 Effective 14 Sep 2021 Page 3 of 4 E. ITEMS NOT COVERED -
John Deere is NOT responsible for the following:

1. Freight

2. Adjustments to compensate for wear, for periodic maintenance or adjustments that result from normal wear and tear.

3. Damage caused by unapproved adjustments (electronic or mechanical) to machine or machine components outside of published specifications including but not limited to engine, hydraulic components and relief valves.

4. Program updates, calibrations, and pressure adjustments.

5. Additional Labor Time - Above Dealer Labor Rate

6. Additional Cleaning - Above Dealer Labor Rate

7. Rental Fees

8. Depreciation or damage caused by normal wear or application, lack of reasonable and proper maintenance, failure to follow operating instructions, misuse, lack of proper protection during storage, vandalism, negligence, collision, or other accidents.

9. Premiums charged for Overtime Labor

10. Transportation to and from the dealership.

11. Travel time, mileage, or service calls by the dealer.

12. Non-John Deere components or modifications, Rotobec grapples, and attachments installed aftermarket.

13. Shop supplies and maintenance items such as, but not limited to: filters, fuels, oil, hydraulic fluid, lubricants, coolants, conditioners, shop towels, cleaners and degreasers.

14. Torn, cut, or worn hoses.

15. Wear items, such as, but not limited to: body liner, belts, blades, bulbs, lubricated joints (including pins and bushings), dry brakes, brake linings, dry clutch linings, saw blades, chains, skidder grapple shocks, color marking nozzles, and articulation bumpers.

16. Items such as cutting-edge parts, delimbing knives, bucket teeth and rubber track are not warranted for depreciation or damage caused by normal wear, lack of proper maintenance, misuse, failure to follow operating instructions, the elements or accident.

17. Any defect in a non-covered component, or damage to or failure of a covered component caused by a defect in a non-covered component.

18. Secondary damage which occurs from continued operation of a product after recognition of the occurrence of a failure.

19. Parts supplied by or repairs, maintenance or modifications performed by someone other than an authorized John Deere dealer, including any damage caused by such use of parts, repairs, maintenance, or modifications not performed by an authorized John Deere dealer.

20. Topping off fluids when fluid levels fall in the range between low and full

21. Parts/Kits not ordered on machine and installed aftermarket. These parts will be covered by any applicable parts warranty.

22. Attachments installed aftermarket – i.e., Winch not installed at factory.

23. Custom options installed outside the factory – i.e., G.R. Manufacturing option packages.

24. Used Products (except as otherwise provided in section L below).

F. TERMINATION OF WARRANTYJohn Deere is relieved of its obligations under Standard Warranty, StructurALL Warranty, Factory-Installed Undercarriage Warranty and/or Extended Warranty if:

1. The product is modified or altered in ways not approved by John Deere; or

2. Any unapproved or improperly sized attachment is installed on the product. Approval and attachment size shall be at John Deere's sole discretion. (Consult dealer prior to installing attachments or product modification).

3. The product is moved outside the US and/or Canada.

G. PARTS REPLACED UNDER WARRANTY -
Only new or remanufactured parts or components furnished or approved by John Deere, will be used if John Deere elects to repair the product. If any such part or component is defective in material or workmanship when installed in the product, John Deere will repair or replace, as it elects, such defective part or component, provided the defect is reported to an authorized John Deere dealer within 90 days of installation or before expiration of the applicable Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty whichever is later.

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US/CAN DEERE Warranty Statement Ver. 10.0 Effective 14 Sep 2021 Page 4 of 4 H. TELEMATICS
NOTICE: Products may be equipped with telematics hardware and software (“Telematics”) that transmit data to John Deere/ Dealer. Purchaser may deactivate Telematics at www.jdlink.com.

Notwithstanding Purchaser’s right, title or interest in the Products, Purchaser agrees that John Deere and Dealer (their affiliates, successors and assigns), without further notice to Purchaser have the right to:

1. Access, use, collect and disclose any data generated by, collected by, or stored in, Products or any hardware or devices interfacing with Products (“Machine Data”);

2. Access Machine Data directly through data reporting devices integrated within, or attached to, Products, including Telematics (“Data Reporting Systems”); and

3. Update the Data Reporting Systems software from time to time. Machine Data will only be used in accordance with John Deere’s Machine Data Policy, located at www.JohnDeere.com/MachineDataPolicy.

I. OBTAINING WARRANTY SERVICE -
To obtain warranty service, the purchaser must request warranty service from a John Deere dealer authorized to sell the product to be serviced. When making such a request, the purchaser must present evidence of the product's delivery date, make the product available at the dealer's place of business, and inform the dealer in what way the purchaser believes the product to be defective. Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty repairs may be made in the field if the purchaser and servicing dealer so desire. However, John Deere will not be responsible for any charges (such as dealer travel time, mileage or extra labor) that would not have been incurred had the product been repaired at the dealer's place of business.

J. NO IMPLIED WARRANTY, CONDITIONS OR OTHER REPRESENTATION - Where permitted by law, neither John Deere nor any company affiliated with it makes any warranties, representations, conditions or promises, express or implied, as to the quality, performance, or freedom from defect of its products, other than those set forth in this document and NO IMPLIED WARRANTY OF MERCHANTABILITY, CONDITIONS OR FITNESS IS MADE.

K. NO DEALER WARRANTY -
The selling dealer makes no warranty of its own on any item covered by this warranty and makes no warranty on other items unless the dealer delivers to the purchaser a separate written warranty certificate specifically warranting the item. The dealer has no authority to make any representation or promise on behalf of John Deere, or to modify the terms or limitations of this warranty in any way.

L. USED JOHN DEERE PRODUCTS ONLY -
John Deere will transfer remaining Standard Warranty, Factory-Installed Undercarriage Warranty and/or StructurALL Warranty to the purchaser of a used John Deere construction and/or forestry product that has been used for less than the full warranty period provided at the product's original retail purchase. This transfer is not effective until change of ownership is registered by a John Deere dealer. ALL THE TERMS, INLCUDING LIMITATIONS AND EXCLUSIONS,

OF THE JOHN DEERE STANDARD WARRANTY, FACTORY-INSTALLED UNDERCARRIAGE WARRANTY,

AND/OR STRUCTURALL WARRANTY ORIGINALLY PROVIDED FOR THE PRODUCT REMAIN IN EFFECT AND APPLICABLE.

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ATTACHMENT B
Item 1K - Page 12
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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(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?  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 ____________________________________
RDO Equipment Co.
225 N. Broadway, Fargo, ND 58102
3275 Hwy 86, Imperial, CA 92251
X
North Dakota
X
R.D. Offutt Company
X
100% Owner
Christi J. Offutt
Chair
X
X
Ronald D. Offutt X
Continued on next page
Item 1K - Page 13
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(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?  Yes  No

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

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Timothy W. Curoe
X
Chief Executive Officer
Christopher B. Cooper
X
Chief Operating Officer
Steven B. Dewald
X Chief Financial Officer, EVP Continued on next page
Item 1K - Page 14
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(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?  Yes  No

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

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Paul J. Noah
X
Secretary
Jonathan S. Hasbargen
X
Treasurer
Item 1K - Page 15
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 11/7/24
Jamie Molde, Senior Risk & Insurance Analyst
N/A
Item 1K - Page 16

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: ENCROACHMENT AND LICENSE AGREEMENT FOR THE PLACEMENT

OF THE FOREVER MARILYN STATUE IN THE DOWNTOWN PARK, AND

DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

This agenda item provides the City Council with the opportunity to discuss and approve the relocation of the Forever Marilyn statue in the City’s Downtown Park, as contemplated by the recently approved agreement between the City, the Committee to Relocate Marilyn (CReMa) and PS Resorts.

RECOMMENDATION:

Approve the accompanying Encroachment and License Agreement (Forever Marilyn).

BUSINESS PRINCIPAL DISCLOSURE:

PS Resorts is a California mutual benefit corporation. Mutual benefit corporations, like other not-for-profit organizations, are created for social welfare purposes within the meaning of Internal Revenue Code section 501 (c)(4). They have no "owners" in the sense that for-profit corporations do. According to the California Secretary of State’s website, as of July 19, 2024, PS Resorts’ corporate officers are as follows: Peggy Trott, Chief Executive Officer, Robert Hunt, Chief Financial Officer, Shannon Anderson, Secretary.

BACKGROUND:

In May of 2012, the City of Palm Springs and PS Resorts entered into a "Destination Palm Springs Agreement." PS Resorts was established as a mutual benefit corporation, consisting of representatives from each of the resort hotels within the City that charge "resort fees" to guests staying at their hotels. The corporate purpose of PS Resorts is to Item 1KK - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Forever Marilyn Encroachment/License Agreement
"create, foster, and enhance events, attractions and activities that would attract visitors to Palm Springs, and otherwise promote Palm Springs as a premier destination." The PS Resorts agreement provides for revenue directly generated by PS Resorts members (resort hotels) solely for the purposes of developing and facilitating events and attractions that directly relate to the City's tourism efforts, including special events and parades, conventions, and other activities that are intended to generate more visitors to Palm Springs to increase hotel room occupancy rates, thereby increasing business for the City's retailers, restaurants and bars.

The Forever Marilyn statue is a 26-foot-tall sculpture weighing 34,000 pounds manufactured of painted stainless steel and aluminum representing a super-sized tribute to Marilyn Monroe's iconic scene from Billy Wilder's 1955 comedy, The Seven Year Itch, with the figure capturing the instant a blast of air from a New York City subway grate raises her white dress.

In May 2012, PS Resorts acquired the sculpture on loan from the Sculpture Foundation and it was placed prominently at the corner of Palm Canyon Way and Tahquitz Canyon Way.

In November of 2020, PS Resorts requested City Council consideration to authorize placement of the Forever Marilyn sculpture within Museum Way, between Museum Drive and Belardo Road, adjacent to the Downtown Park. The Council approved this request, and in the Spring of 2021, PS Resorts purchased the statue and arranged for the statue’s installation at that location.

However, following the statue’s installation at its current location, a group identified as the Committee to Relocate Marilyn (CReMa) brought suit, challenging the placement of the statue at that location. This past summer, the City, CReMa and PS Resorts reached a resolution of that lawsuit, which calls for the relocation of the statue to a location within the Downtown Park, as discussed more fully below.

STAFF ANALYSIS:

The proposal before the City Council is to allow for PS Resorts to relocate the Forever Marilyn statue within the Downtown Park. The location within the Park would be near the Southeast corner of the park, as depicted below. The location was selected based on input from PS Resorts as well as review by City staff. The location was also shared with CReMa, who was agreeable to the proposed location.

Item 1KK - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Forever Marilyn Encroachment/License Agreement
PS Resorts will be responsible for the costs of relocating the statue to the new location.

The statue is required by the settlement agreement, between the City, CReMa and PS Resorts, to be relocated no later than March 1, 2025.

PS Resorts would occupy the space within the Park pursuant to an Encroachment and License Agreement (Attachment A). The proposed agreement would allow for the statue to remain at the new location for a period of 25 years. PS Resorts is requesting a longer term for this location, based on the costs that PS Resorts has incurred in purchasing and moving the statue. According to PS Resorts, the cost of this relocation alone is over $400,000.00.

PS Resorts would also be responsible under the Agreement to ensure that the statue is maintained in a good and safe condition. In addition, PS Resorts would be responsible Item 1KK - Page 3
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City Council Staff Report
November 21, 2024 -- Page 4
Forever Marilyn Encroachment/License Agreement
for any damage or injury that might arise from the statue at its new location, and PS Resorts will be required to maintain appropriate insurance to cover such liabilities.

PS Resorts has engaged the services of Rios Architects, who originally designed the Downtown Park, in order to ensure consistency of the relocation with the original design of the Park. Accompanying this staff report, as Attachment B, is the request from PS Resorts as well as the plans for the statue’s relocation. As part of the relocation of the Forever Marilyn statue, the statue will also receive a cleaning as well as paint refurbishing.

Therefore, City staff recommends that the City Council approve the accompanying Encroachment and License Agreement.

ENVIRONMENTAL ASSESSMENT:

This Agreement is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15301 of the State Guidelines, Existing Facilities, because this Agreement consists of the licensing and minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

In planning the design of the new Downtown Park, the City envisioned a place for Forever Marilyn along the east side of the park on the west side of Belardo Road, shown below.

The location proposed by this relocation is near the originally planned location and involves negligible or no expansion of use. City staff is directed to file a Notice of Exemption within three (3) days following the approval of this agenda item.

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City Council Staff Report
November 21, 2024 -- Page 5
Forever Marilyn Encroachment/License Agreement
ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s goal of improving City facilities.

FISCAL IMPACT:

The cost of relocating and installing the statue is going to be borne by the applicant, PS Resorts. PS Resorts is also responsible for the ongoing maintenance of the statue. As such, this action is not expected to result in any significant financial impact to the City.

REVIEWED BY:

Department Director: Joel Montalvo
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Encroachment and License Agreement
B. PS Resorts Request for Relocation/ Plans & Specifications Item 1KK - Page 5

ATTACHMENT A
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ENCROACHMENT AND LICENSE AGREEMENT
(FOREVER MARILYN)
This Encroachment and License Agreement (“Agreement”) is made and entered into as of this 21st day of November, 2024 (the “Effective Date”) by and between the City of Palm Springs, a municipal corporation of the State of California ("City"), and PS Resorts, a California non-profit corporation ("Licensee” or “PS Resorts"). City and Licensee are sometimes individually referred to herein as "Party" and collectively as "Parties."

RECITALS
A. This Agreement relates to certain real property within what is commonly referred to as the Downtown Park, located at the North of Museum Way, and immediately West of Belardo Road, depicted in Exhibit “A,” attached hereto and incorporated herein by reference (“Property”), which is owned by the City of Palm Springs.

B. Licensee desires, and City is willing to permit Licensee to encroach into the City’s Property by placing Licensee’s statue, entitled Forever Marilyn, onto that portion of the Property, depicted in the map attached hereto as Exhibit “A”, and incorporated herein by reference (“Licensed Area”).

AGREEMENT
NOW, THEREFORE, in consideration of the mutual conditions, promises and covenants hereinafter contained, the Parties agree as follows:

1.0 Definitions In addition to the definitions of certain words or phrases set forth in the Recitals or elsewhere in this Agreement, the following words or phrases shall have the meanings set forth below:

1.1 City Manager. The City Manager of the City of Palm Springs, or his/her designee.

1.2 Hazardous Substance. Any flammable substance, explosive, radioactive material, asbestos, asbestos-containing material, polychlorinated biphenyl, chemical known to cause cancer or reproductive toxicity, pollutant, contaminant, hazardous waste, medical waste, toxic substance or related material, explosive, petroleum, petroleum product or any “hazardous” or “toxic” material, substance or waste that is defined by those or similar terms or is regulated as such under any law, statute, ordinance, or regulation.

1.3 Licensed Area. The area identified in Exhibit “A” to this Agreement.

1.4 Property. The real property shown in Exhibit “A” to this Agreement.

1.5 Statue. The 26-foot tall sculpture of Marilyn Monroe, designed by Seward Johnson, as depicted in Exhibit “B”, attached hereto and incorporated by reference herein, as well as an in-ground pedestal (“the Statue”).

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2.0 License
A. Subject to the terms, conditions and agreements of this Agreement, City hereby licenses, permits and authorizes Licensee and its authorized agents, contractors, and subcontractors, on an exclusive basis to: (1) install and allow the Statue to remain on the Licensed Area during the Term of this Agreement (with related lighting and security cameras); and (2) perform any necessary maintenance, repair or replacement of the Statue pursuant to this Agreement, on the Licensed Area. Licensee and its authorized agents, contractors and subcontractor shall have a non-exclusive license over the remainder of the Property, to the extent necessary to carry out the activities that are authorized by this Agreement.

B. Licensee shall at all times maintain the Statue in a good and safe condition, at Licensee’s sole cost and expense. If the Statue is damaged, whether by vandalism, a casualty or any other cause, Licensee shall either restore the damaged Statue to the same or better condition as such Statue existed prior to the damage or remove the damaged Statue from the Property in a manner reasonably acceptable to City Manager.

Licensee shall commence such restoration or removal of damaged Statue within the earlier of: (a) a reasonable time under the circumstances; or (b) thirty (30) calendar days following the date of occurrence of the damage. In all circumstances, Licensee shall complete any and all restoration or removal required by this Section within a reasonable time. Licensee shall not add any additional encroachments or improvements to the Property without City’s written consent.

C. Notwithstanding any provision of this Agreement to the contrary, City and Licensee do not intend to convey any estate or interest in real or personal property between them under this Agreement and nothing in this Agreement shall be construed or interpreted as a conveyance of any estate or interest in any real or personal property. If this Agreement or any provision of this Agreement is finally (after all appeals) construed or interpreted by a court of competent jurisdiction as conveying an estate or interest in real or personal property between City and Licensee, then the provisions of this Agreement interpreted as conveying any estate or interest in real or personal property between City and Licensee shall automatically be null and void, without further action by or notice to City or Licensee.

D. Licensee shall install and maintain lighting and security cameras, to the satisfaction of the City Manager. Licensee shall be solely responsible for the security of the Statue.

3.0 Term The Term of the encroachment and license authorized by Section 2 of this Agreement shall end on the date that is twenty-five (25) years following the Effective Date, unless otherwise terminated or extended, as set forth in this Agreement. In the event PS Resorts does not install the Statue on or before March 31, 2025, this Agreement shall automatically terminate and be of no further force or effect.

4.0 Licensee Compliance with Laws Licensee shall not maintain, commit or permit on the Licensed Area the maintenance or commission of any nuisance, as now or hereafter defined by any statutory or decisional law. Licensee, at Licensee’s sole expense, will timely obtain and comply with any license, permit, approval, consent, Item 1KK - Page 8
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certificate, ruling, variance, authorization, conditional use permit, or amendment to any of the foregoing, as shall be necessary or appropriate under any law to perform any activities of Licensee required or allowed on the Property pursuant to this Agreement. Licensee covenants and agrees that in entering upon the Property, Licensee will comply with all applicable laws, including environmental laws. Licensee shall not cause or permit to be placed on the Property any Hazardous Substance.

5.0 Protection of Property Against Liens
A. If any claim or lien is recorded or asserted against the Licensed Area or the City for materials supplied or labor or professional services performed directly or indirectly for Licensee or any contractor of Licensee relating to construction, demolition, maintenance, removal or other work on the Property, Licensee shall satisfy and discharge such lien, at the sole cost and expense of Licensee, within ten (10) calendar days following receipt of notice of the existence or assertion of such claim or lien. Notice is hereby given that City shall not be liable for any labor or materials furnished or to be furnished to Licensee or Licensee’s contractors upon credit and that no mechanic’s or other lien for any labor or materials shall attach to or affect the Property. Nothing in this Agreement shall be deemed or construed in any way to constitute City’s consent or request, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer, equipment or material supplier for the performance of any labor or the furnishing of any materials or equipment for any construction, nor as giving Licensee any right or power to contract for, or permit the rendering of, any services, or the furnishing of any materials that would give rise to the filing of any liens against the Property. Licensee shall indemnify, defend and hold harmless, the City against any activity on or relating to the Property undertaken by Licensee or anyone claiming through Licensee, and against all liens.

B. Licensee acknowledges and agrees that, on the Effective Date, the Property is owned by City, which is a public entity, and that the Property is not subject to the imposition of mechanic’s liens or any other liens in favor of providers of labor, material or services on or to the Property. Licensee further agrees to inform each provider of labor, material, or services on or to the Property of such fact and that City and the property are not responsible for payment of any claims by any such providers of labor, material or services.

6.0 Possessory Interest Tax
Licensee hereby acknowledges and agrees that this Agreement may create a possessory interest in the Property subject to property taxation and that Licensee may be subject to payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability solely of Licensee and shall be paid before delinquency by Licensee. In addition, Licensee shall pay before delinquency any personal Item 1KK - Page 9
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property taxes that may become due for equipment, fixtures, inventory or other personal property of Licensee installed, maintained or present at or on the Property.

7.0 Surrender
Upon the expiration or termination of this Agreement, Licensee shall, at its sole cost and expense, promptly, safely and carefully restore the Property to its condition on the Effective Date of this Agreement and shall remove: (a) all personal property brought onto the Property by Licensee; and (b) all of the encroachments from the Property in a manner reasonably satisfactory to City. If Licensee fails to commence performing the work required by this Section within thirty (30) calendar days following the expiration or earlier termination of this Agreement (or shorter time period, if called for by an emergency), or if Licensee fails to diligently perform all work required by this Section to its completion, then City shall have the right to perform such work and Licensee shall reimburse City for all costs and expenses reasonably incurred by City in performing such work (including the costs of City’s staff time, administrative overhead and legal costs), within fifteen (15) days after notice of such costs is given to Licensee. Licensee waives all claims against the City for damage to Licensee’s employees, the Statue and/or any equipment allowed on Licensed Area by Licensee, resulting from such removal. Licensee shall be liable to the City for the City’s reasonable costs of removing the equipment and Statue and repairing the Property. The provisions of this Section shall survive the expiration or earlier termination of this Agreement.

8.0 No City Liability
Licensee shall undertake its obligations contained in this Agreement at Licensee’s sole cost and expense. The City shall have no responsibility or liability for the conduct or safety of any person or property (including the Statue) while carrying out Licensee’s activities under this Agreement on the Property, except to the extent caused by the negligent or willful misconduct of the City or any of its employees. Licensee hereby acknowledges and agrees that Licensee shall be solely liable for any injury to or death of any person or damage to property (including the Statue) arising out of Licensee's access to, construction activities on, operation, maintenance and repair to the City’s Property.

9.0 Condition of City’s Property
Licensee accepts the Property “as is,” “where is”, subject to all faults condition as of the Effective Date, without any type of warranty. Without limiting the foregoing, neither City nor any agent of City has made any representation or warranty whatsoever, express or implied, with regard to the physical condition of the Property or the suitability of the Property for any particular purpose or use, including, any representation or warranty regarding the applicability or non-applicability of any laws, title to the Property, the soil or subsoil, surface or subsurface conditions, topography, possible Hazardous Substance, contamination, fill, drainage, access to public roads, availability of utilities, existence of Item 1KK - Page 10
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underground storage tanks, applicability of or compliance with any environmental laws or any other matter of any nature whatsoever.

10.0 Indemnification
To the fullest extent permitted by law, Licensee shall defend, 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, 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 (Licensee’s employees included) or damage to property, to the extent such Claims arise from: (a) any wrongful intentional act or negligence of Licensee with respect to one or more rights or duties created by this Agreement; (b) any agreements that Licensee (or anyone claiming by or through Licensee) makes with a third party regarding the Licensed Area or Statue; or (c) any worker’s compensation claim or determination relating to any employee of Licensee with respect to one or more rights or duties created by this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Licensee’s indemnification obligation or other liability under this Agreement. Licensee’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. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

11.0 Insurance Licensee shall comply with the insurance requirements set forth in Exhibit “C”, attached hereto and incorporated by reference herein, as well as any insurance requirements called for under the Loan Agreement.

12.0 Assignment This Agreement shall be binding on the successors and assigns of the Parties. Licensee may not assign any of its rights under this Agreement without the prior written approval of the City.

13.0 Notices
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting in the United States Post Office if by mail; or (iii) when sent if given by electronic mail. Notices or other communications shall be addressed as follows:

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To City: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Electronic mail: [email protected]
To Licensee: PS Resorts
Attention: Executive Director
400 E. Tahquitz Canyon Way
Palm Springs, California 92262
Electronic mail: [email protected]

14.0 Attorney’s Fees
Should any action be brought arising out of this Agreement, including, without limitation, any action for declaratory or injunctive relief, the prevailing party shall be entitled to reasonable attorney’s fees and costs.

15.0 Default; Remedies; Termination

15.1 Default of Licensee
A. Licensee’s failure to comply with any provision of this Agreement or use of the Property for activities that are not specifically allowed by this Agreement shall constitute a default.

B. If the City Manager determines that Licensee is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Licensee in writing of such default. Licensee shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance as determined in the sole discretion of the City Manager. In the event Licensee fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Licensee shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 15.5.

C. If termination is due to the failure of the Licensee to fulfill its obligations under this Agreement, City may (but shall not be obligated to), after compliance with the provisions of this Section 15.1, take over the work required to maintain, repair, and/or remove the Statue in accordance with Section 7.0 of this Agreement and prosecute the same to completion by contract or otherwise, and the Licensee shall be liable for all costs and expenses incurred by the City in the performance of such work authorized hereunder.

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15.2 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

15.3 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 declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

15.4 Disputes. Prior to either Party commencing any legal action under this Agreement, and except in a situation that requires immediate attention, the Parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either Party may commence legal action against the other.

15.5 Termination for Safety Issue. In the event of an emergency, including, without limitation, any damage or hazard created by the Statue or the activities permitted by this Agreement, the City may terminate this Agreement upon such written notice as is reasonable under the circumstances.

15.6 Removal of Statue. Upon termination, Licensee shall remove the Statue from the Property and shall level the area in a clean and safe manner in accordance with the provisions of Section 7.0 of this Agreement and to the satisfaction of the City Manager.

16.0 Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

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

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

19.0 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.

20.0 Severability
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

21.0 Third Party Beneficiaries
Except as may be expressly provided for herein, 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 hereto.

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

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

IN WITNESS WHEREOF, the Parties have executed this Temporary Encroachment and License Agreement (Forever Marilyn) as of the date set forth above. “LICENSEE”
PS RESORTS, a California non-profit
corporation
CITY OF PALM SPRINGS, a California
municipal corporation and charter city
By:
_______________________________
Peggy Trott
Chief Executive Officer
By:
_______________________________
Scott Stiles
City Manager
Dated: ___________________________ Dated:

By:
_______________________________
Shannon Anderson
Secretary
ATTEST:

By: __________________________
Brenda Pree
City Clerk
APPROVED AS TO FORM:

By: __________________________
Jeff Ballinger
City Attorney
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Exhibit A
EXHIBIT “A”

MAP OF PROPERTY

AND LICENSED AREA
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,~ •
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Exhibit B
EXHIBIT “B”
STATUE
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EXHIBIT “C”

INSURANCE REQUIREMENTS

1. Types of Insurance. Licensee shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City’s Risk Manager, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the encroachment hereunder by Licensee, its agents, representatives, or employees. In the event the City’s Risk Manager determines that the Statue creates an increased or decreased risk of loss to the City, Licensee agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager. Licensee shall immediately substitute any insurer whose A.M.

Best rating drops below the levels specified herein. Unless otherwise authorized below, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:

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

B. Commercial General Liability Insurance. Licensee shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least two million dollars ($2,000,000.00) and six million dollars ($6,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent consultants, broad form property damage, products and completed operations.

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

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

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

3. Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Licensee pursuant to this Agreement:

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

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

3.3 All insurance coverage and limits provided by Licensee and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies.

Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

3.4 None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City’s Risk Manager and approved in writing.

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

3.6 Licensee agrees to ensure that any other parties involved with the encroachment who are brought onto or involved in the encroachment by Licensee (including, without limitation, any contractor or subcontractor), provide the same minimum insurance coverage required of Licensee. Licensee agrees to monitor and review all such Item 1KK - Page 19
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coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Licensee agrees that upon request, all agreements with contractors or subcontractors and others engaged in the encroachment will be submitted to the City for review.

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

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

3.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

3.10 The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section.

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

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

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

5. Verification of Coverage. Licensee 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 Item 1KK - Page 20
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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 on the placement of the Statue. City reserves the right to require Licensee’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Workers’ Compensation policies.

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

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

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

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

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences on the Statue. 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 Licensee’s obligation to provide them.

Item 1KK - Page 21

ATTACHMENT B
Item 1KK - Page 22
BLASDEL GUINAN _________________
______________

LAWYERS

A PROFESSIONAL CORPORATION
P.O. Box 1747
Palm Springs, California 92263
Telephone (760) 320-0111 / Facsimile (760) 320-0211
((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((( Diane C. Blasdel, Esq.
[email protected]
Eric J. Guinan, Esq.*
[email protected]
*Also admitted to practice in Washington
October 31, 2024
[email protected]
Jeff Ballinger, Esq.

Best Best & Krieger LLP
655 W. Broadway Floor 15
San Diego, CA 92101-8493
Re: Crema vs. City of Palm Springs, et al.

Dear Mr. Ballinger:

As you are aware, our office represents PS Resorts (the owner of the Forever Marilyn Statue) in the above-referenced litigation. Pursuant to the terms of the Settlement Agreement entered into by and between all parties to the above referenced litigation, PS Resorts hereby submits this application for the relocation of the Forever Marilyn Statue from Museum Way in Downtown Palm Springs to the immediately adjacent City Park. (Exhibit A.) In order to effectuate the terms of the settlement agreement and the relocation of the Forever Marilyn Statue, please be advised that PS Resorts retained Mark Rios of Rios Architects, the design architect of the City Park. Enclosed herein please find the plans prepared for and designed by Rios Architects for the relocation of the Forever Marilyn Statue. (Exhibit B.) As you will note, the relocation involves the movement and relocation of approximately five (5) palm trees within the City Park, and the erection of the Forever Marilyn Statue. Once relocated, lighting and security cameras will be installed for the new location.

As previously discussed, the physical relocation of the Forever Marilyn Statue will be performed by the Seward Foundation. The move shall transpire between February 22nd and February 28th. It shall include the dismantling of the Forever Marilyn Statue, the craning of the statue over to the new location in the City Park, and the reinstallation of the statue at the new location. In addition, the statue will receive a cleaning, as well as paint refurbishing.

Item 1KK - Page 23

BLASDEL GUINAN LAWYERS

A PROFESSIONAL CORPORATION
October 31, 2024

Page 2 ends

Also included herein is a proposed Easement Agreement for the Forever Marilyn Statue at the new location for a term of twenty (20) years. (Exhibit C.) It primarily mirrors the current agreement, with some revisions, including an increased term due to the significant relocation costs being incurred by PS Resorts in the sum of over $400,000.

It is respectfully requested that this application be reviewed immediately so that the City of Palm Springs can advise PS Resorts if the City requires any additional information to place this matter on the November 21, 2024 City Council Agenda. It is imperative that PS Resorts’ Application be heard on said date so that PS Resorts can proceed with the enclosed plans and specifications, bids, contracts and planning. Thank you, and City Council for its time and consideration of this Application.

Very truly yours,

BLASDEL GUINAN LAWYERS
Diane C. Blasdel
Diane C. Blasdel
DCB/js
Enclosures as noted.
cc: PS Resorts
Item 1KK - Page 24
EXHIBIT “A”
Item 1KK - Page 25
55575.10031\42568283.3
Exhibit A
Exhibit A
Depiction of Relocated Location
for Forever Marilyn Statue
Docusign Envelope ID: 175D990D-985D-45E5-95FD-0022E6CE45B6 Item 1KK - Page 26
MUSE\IM ORI""' •
\
BElAROOWAY
EXHIBIT “B”
Item 1KK - Page 27
+6"
0"
___________________ ?
?
___________________
?
?
?
?
?
_______________________ _______________________
?
ALIGN
?
?
?
CL

SECTION TAG
GRIDS

EXTERIOR ELEVATIONS

TOP OR BOTTOM ELEVATION
ALIGN

MATERIAL TRANSITION

ELEVATION TRANSITION

BREAK LINE

CENTERLINE

KEYNOTE TAG

ELEVATION MARK

REVISION CLOUD & TAG

DETAIL BUBBLE & TAG

PROJECT NORTH ARROW

DIRECTION

DRAWING NUMBER

SHEET NUMBER

GRID VALUE

DIRECTION

DRAWING NUMBER

SHEET NUMBER

ELEVATION VALUE

LEVEL NAME

PROJECT NORTH

TRUE NORTH

DRAWING
NUMBER
SHEET
NUMBER

MATCH LINE SEE - /---

MATCHLINE REFERENCE

DRAWING NUMBER
SHEET
NUMBER
?
WALL TAG | WAL-1
STAIR TAG | PAV-1
GROUNDCOVER (FLOOR) TAG | MIX-1
HARDSCAPE (FLOOR) TAG | PAV-1
?
? ?

PLANTING TAG

BOX SIZE

GENUS AND SPECIES
?
?
GATE TAG | G-1
FURNISHING TAG | SF-1
RAILING TAG | HR-1
FENCE TAG | FE-1
?
SF-101
G-101
F-101
P-101
W?-1
R-101 ?
MIX?-1
00 DRAWING NAME

DRAWING
NAME

DRAWING NAME

PS RESORTS
100 W Tahquitz Canyon Way
Palm Springs, CA 92262
Contact: Peggy Trott
[email protected]

LANDSCAPE ARCHITECT
RIOS
3101 W. Exposition Pl
Los Angeles, CA 90018
T: (323) 785-1800
Contact: Jason Shinoda
[email protected]

LIGHTING AND ELECTRICAL
R7 CONSULTING
T: (760) 902-9048
Contact: Ralph Raya
[email protected]

IRRIGATION CONSULTANT
SWEENEY & ASSO.
38730 Sky Canyon Drive, Suite C
Murrieta, California 92563
T: (951) 461-6830
Contact: Clayton Barager
[email protected]
CONSULTANT REVISIONS FILENAME DRAWING TITLE SCALE DRAWING NO. [WHEN PRINTED ON
30"X42" SHEET]
ISSUES
Published:

C Rios, INC PROJECT ID
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323.785.1801
rios.com
As indicated
10/24/2024 10:37:01 AM

MARILYN MONROE

STATUE -

RELOCATION SITE
PREP

COVER SHEET
L0.00
Museum Wy, Palm Springs,
CA 92262

00.24255

24.10.24 ISSUE 1

PROJECT TEAM PROJECT DATA

ABBREVIATIONS SYMBOLS

SHEET INDEX

VICINITY MAP

HARDSCAPE AND PLANTING MODIFICATIONS IN PREPARATION FOR

RELOCATING THE MARILYN MONROE STATUE FROM ITS CURRENT
LOCATION INTO THE PALM SPRINGS DOWNTOWN PARK. THIS
INCLUDES RELOCATION OF 5 EXISTING PALM TREES, DECOMPOSED

GRANITE SURFACING, IRRIGATION MODIFICATIONS AND SITE
LIGHTING. CONSTRUCTION OF THE SCULPTURE BASE AND

RELOCATION OF THE SCULPTURE IS NOT INCLUDED IN THIS SCOPE OF WORK.

PROJECT DESCRIPTION:

PROJECT LOCATION
Museum Wy, Palm Springs, CA 92262

NOT FOR CONSTRUCTION

MARILYN MONROE STATUE - RELOCATION SITE PREP
Museum Wy, Palm Springs, CA 92262

KEY TERM
# NUMBER
& AND
(E) EXISTING
(N) NEW
15G GALLON SIZE - TREE
24" BOX SIZE - TREE
@ AT
A. ACRE
A.C. ASPHALTIC CONCRETE
A.D. AREA DRAIN
A.F.F. ABOVE FINISH FLOOR

A/C AIR CONDITIONING
ADJ. ADJUSTABLE or ADJACENT
AGG. AGGREGATE

ALT ALTERNATE

ALUM ALUMINUM

APPROX APPROXIMATE(LY)

ARCH ARCHITECT(URAL)

AUTO AUTOMATIC
B.S. BOTTOM OF STEP
B.T. BROWN TRUNK
B.W. BOTTOM OF WALL

BD BOARD

BLDG BUILDING

BLKG BLOCKING

BM BEAM

BTWN BETWEEN

BYD BEYOND
C.A.B. COMPOSITE AGGREGATE BASE
C.B. CATCH BASING
C.F. CUBIC FOOT
C.I.P. CAST IN PLACE
C.J. COLD JOINT
C.L. CENTER LINE

CAB CABINET

CEM CEMENT(ITOUS)

CLG CEILING

CLO CLOSET

CLR CLEAR(ANCE)

CMU CONCRETE MASONRY UNIT

COL COLUMN

SHEET LIST LANDSCAPE
SHEET
NO. SHEET NAME ISSUE 1
L0.00 COVER SHEET •
L0.40 DEMO PLAN AND TREE PROTECTION PLAN •
L1.00 GENERAL NOTES •
L2.10 LAYOUT PLAN •
L5.10 DETAILS •
L6.00 IRRIGATION PLAN •
L6.01 IRRIGATION LEGEND NOTES AND DETAILS •

KEY TERM

CONC CONCRETE

COND CONDITION

CONST CONSTRUCTION

CONT CONTINUOUS

CTR CENTER

CTSK COUNTERSINK
D.D. DECK DRAIN
D.G. DECOMPOSED GRANITE

DBL DOUBKLE

DIAM DIAMETER

DIM DIMENSION

DIVS DIVISIONS

DN DOWN

DRWR DRAWER

DS DOWNSPOUT

DTL DETAIL

DWG DRAWING
E EAST
E.J. EXPANSION JOINT

EA EACH

EL ELEVATION

ELEC ELECTRIC(AL)
ENG. ENGINEER

EQ EQUAL

EQUIP EQUIPMENT

EXP EXPANSION

EXT EXTERIOR
F.F. FINISH FLOOR
F.F.E. FINISH FLOOR ELEVATION
F.G. FINISH GRADE
F.H. FIRE HYDRANT
F.O.S. FACE OF STUD
F.O.W. FACE OF WALL
F.R. FIRE RATED
F.S. FINISH SURFACE

FDN FOUNDATION

FIN FINISH

FLR FLOOR

FR FRAME
FT FEET or FOOT

FTG FOOTING

KEY TERM

GA GAUGE

GAL GALLON

GALV GALVANIZED

GL GLASS

GRD GROUND

GYP GYPSUM
H HIGH
H.B. HOSE BIB
H.P. HIGH PERFORMANCE

HDR HEADER

HDWR HARDWARE

HORIZ HORIZONTAL

HR HOUR

HT HEIGHT

HVAC HEATING VENTILATING & AIR

CONDITIONING
I.D. INSIDE DIAMETER
I.E. INVERT ELEVATION
INT. INTEGRAL

INV INVERT
J.BOX JUNCTION BOX
JT

L LENGTH
L.A. LANDSCAPE ARCHITECT
L.P. LOW POINT

LAM LAMINATE(D)

LAV LAVATORY
M.B. MACHINE BOLT
M.E. MECHANICAL ENGINEER
M.H. MAN HOLE

MATL MATERIAL

MAX MAXIMUM

MECH MECHANICAL
MED. MEDIUM

MFR MANUFACTURER

MIN MINIMUM

MISC MISCELLANEOUS

MTL METAL

MULTI MULTI-TRUNK

N NORTH
N.I.C. NOT IN CONTRACT

KEY TERM
N.T.S. NOT TO SCALE

N/A NOT APPLICABLE

NO NUMBER
O.C. ON CENTER
O.D. OUTSIDE DIAMETER
O.F.D. OVER FLOW DRAIN
O.H. OVER HEAD

O/ OVER

OBS OBSCURED

OPER OPER(ATION)(ABLE)

OPNG OPENING

OPP OPPOSITE

P-LAM PLASTIC LAMINATE
P.A. PLANTING AREA
P.C.C. PRECAST CONCRETE
P.I.P. POURED IN PLACE
P.L. PROPERTY LINE
P.O.C. POINT OF CONNECTION
P.S.I. POUNDS PER SQUARE INCH

PERF PERFORATED

PLAS PLASTER

PLYWD PLYWOOD

PROJ PROJECT

PT(D) PAINT(ED)

PVC POLYVINYL CHLORIDE

R RADIUS
R.O. ROUGH OPENING

RCP REFLECTED CEILING PLAN

REBAR REINFORCING BAR

REF REFER(ENCE)

REQ(D) REQUIRED

RM ROOM

RWD REDWOOD

S SOUTH
S.E.R. SOIL ENGINEER'S REPORT
S.F. SQUARE FEET or FOOT
S.L. SCORE LINE

SCHED SCHEDULE

SCW SOLID CORE WOOD

SECT SECTION

SGL SINGLE

KEY TERM

SHT SHEET

SIM SIMILAR

SPAC SPACE(SPACING)

SPEC SPECIFICATION

SQ SQUARE
ST.STL STAINLESS STEEL

STL STEEL

STN STAIN(ED)

STOR STORAGE

STRUCT STURCTUR(E)(AL)

SUSP SUSPENDED

SYM SYMMETRICAL

T&G TONGUE AND GROOVE

T TREAD
T.C. TOP OF CURB
T.D.D. TOP OF DECK DRAIN
T.O. TOP OF
T.P. TOP OF PAVING
T.S. TOP OF STAIRS
T.W. TOP OF WALL

TBD TO BE DETERMINED

TEMP TEMPERED

TERM TERMINATION

THK THICK

THRES THRESHOLD

TYP TYPICAL
U.B.C. UNIFORM BUILDING CODE
U.N.O. UNLESS OTHERWISE NOTED
V.I.F. VERIFY IN FIELD

VCT VINYL COMPOSITE TILE

VEN VENEER

VERT VERTICAL
W WEST or WIDTH
W.C. WATER CLOSET
W.H. WATER HEATER
W.P. WATER PROOFING

W/ WITH

W/O WITHOUT

WD WOOD

SHEET LIST ELEC & LIGHTING
SHEET
NO. SHEET NAME ISSUE 1
EL1.10 GENERAL NOTES AND DETAILS •
EL2.10 ELECTRICAL & LIGHTING PLAN •
EL3.10 ELECTRICAL & LIGHITNG DEMO PLAN •
SCA
Co rmi
Signalllre
7/31/25
Renewal Date
Item 1KK - Page 28
/
i
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'
- C
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7 WLelwreway <
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TJC/QUll;J ~
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:, Recer: , ,,..,.j
Tamarisk Rd
j E v,a ' Aha"V,a :i '
'.$
z
Tamari,k Ad
i : E G,1m1a Valmont~ u
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1.,11 ElookYourS<oyT,;,:/~/ '\
- 513y & Pl,:, fada:,·
Forever Marilyn Recerc i vjewed
• .JI! 1:1 F,,..,$1)5/rV<;titM
R,:,boli gh
Tvm
EAlej
' "·""• J:
• ,, u
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EAms
Frey House 11 @ ET ah
-I""" c.:j Hi!lon Palm Springs 1
~sl 8 ~ HrtO'I Palm"Sp<in~•
w alk ol the Scars 8 z Davioci Meeting Rooms
Palm Sp·,ngs f CC w e ~"''""
1 Der G
c , ,1, C• nyon ~ Me"ing "'°""' i ~ ~ t .c,, m § -w,
- - 'v' c,.. casa Cody ~ i ;; "'
' .,,.. • ~ S 'g '.3 P,re~as Rd
g,_ !!! "'
,::::; Top ,01.,; ~8 '"". Las Brisas Hotel ; s lal Fr:im5i:J5/nlgr,.,., EA~,,
C, Old HBnch lnn WAron~,fl,;J~ ""I Bg t W€'~1emPlus ,'
I", 6e>1 '""' " "' Pu,;L ~
~ • 0 . ';EB•" 0
W~ori$\<>Rd · Art ® sa,1 Jacinto ilacquet Club . "!1 j Muse:.,~ 1'.;,J~;~~~re " [ l
6 "' Q Iii! I; 0Br1s1; Park S~t,miriu Rd " ~ ::. µ ~ Satur11r.o Rd _S • • - • • ,! j:i~ i.E i SantaRc,~Dr ! ·~ ; I l . ~
• •

4.0 4.0

20.4 4.0

4.0 4.0
T

PALM TREE

RELOCATE

IN PLACE

PROTECT TREES

TEMP FENCE TO

IN PLACE

PROTECT TREES

TEMP FENCE TO

IN PLACE

PROTECT TREES

TEMP FENCE TO

PALM TREE

RELOCATE

PALM TREE

RELOCATE

IN PLACE

PROTECT TREES

TEMP FENCE TO

THE CONCRETE PATH

HEAVY MACHINERY ON

DRIVE VEHICLES OR

RATED PAVING, DO NOT

NONE VEHICULAR

THE CONCRETE PATH

HEAVY MACHINERY ON

DRIVE VEHICLES OR

RATED PAVING, DO NOT

NONE VEHICULAR
DRAWING NO. SCALE DRAWING TITLE FILENAME REVISIONS CONSULTANT [WHEN PRINTED ON
30"X42" SHEET]
ISSUES
Published:

Rios, INC CPROJECT ID
rios.com
FAX: 323.785.1801
PH: 323.785.1800
LOS ANGELES, CA 90018
3101 W EXPOSITION PLACE
1/8" = 1'-0"
10/24/2024 10:37:01 AM
STATUE

MARILYN MONROE
-
PREP

RELOCATION SITE
PLAN

TREE PROTECTION

DEMO PLAN AND
L0.40
CA 92262
Museum Wy, Palm Springs,

00.24255

24.10.24 ISSUE 1
5 10 15 20
1/8" = 1'-0"
0 FEET
1/8" = 1'-0"

DEMO PLAN AND TREE PROTECTION PLAN
1 SCA
Co rmi
Signalllre
7/31/25
Renewal Date
Item 1KK - Page 29 _J
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GENERAL NOTES

1. CONTRACTOR SHALL BE RESPONSIBLE FOR BEING FAMILIAR WITH ALL UNDERGROUND AND OVERHEAD UTILITIES, PIPES AND STRUCTURES. CONTRACTOR

SHALL TAKE SOLE RESPONSIBILITY FOR COSTS INCURRED DUE TO DAMAGE AND REPLACEMENT OF SAID UTILITIES.

2. STREETS, SIDEWALKS AND ADJACENT PROPERTY SHALL BE PROTECTED

THROUGHOUT THE WORK AS REQUIRED BY LOCAL CODES AND REGULATIONS AND APPROVED BY THE OWNER.

3. REFER TO CITY AND/OR COUNTY STANDARD PLANS AND SPECIFICATIONS WHERE APPLICABLE.

4. ALL WORK AND PORTIONS OF THE PROJECT SHALL COMPLY WITH ALL APPLICABLE CODES AND LEED REQUIREMENTS.

5. CONTRACTOR IS RESPONSIBLE FOR REPLACEMENT OF ANY EXISTING MATERIALS THAT ARE DAMAGED DURING CONSTRUCTION.

6. ALL LIMITS OF WORK, PROPERTY LINES AND LOT LINES SHALL BE VERIFIED PRIOR TO COMMENCING WORK.

7. ALL ELECTRICAL JUNCTION BOXES FOR PERMANENT LIGHTS SHALL BE BELOW GRADE IN PLANTING AREAS, AS APPROVED BY LANDSCAPE ARCHITECT.

8. WRITTEN SPECIFICATIONS ARE TO BE A PART OF THESE CONSTRUCTION DOCUMENTS.

9. ALL IMPROVEMENTS SHALL CONFORM TO TITLE 24-CURRENT EDITION

CONSTRUCTION NOTES

1. CONTRACTOR SHALL BE RESPONSIBLE FOR ANY COORDINATION WITH

SUBCONTRACTORS AS REQUIRED TO ACCOMPLISH ALL CONSTRUCTION OPERATIONS. ALL PIPING, CONDUIT,SLEEVES, ETC., SHALL BE SET IN PLACE PRIOR TO INSTALLATION OF CONSTRUCTION ITEMS.

2. THE LOCATION OF FEATURES TO BE CONSTRUCTED NOT SPECIFICALLY DIMENSIONED MAY BE DETERMINED BY SCALE. IF CONFLICTS ARISE IN FIELD, CONTACT LANDSCAPE ARCHITECT FOR RESOLUTION.

3. ALL DIMENSIONS ARE FROM OUTSIDE FACE OF PAVING, WALLS, ETC., UNLESS OTHERWISE NOTED ON PLANS.

4. PROVIDE FELT EXPANSION JOINT WITH SEALANT WHERE PAVING ABUTS CURBING, BUILDINGS AND COLUMNS, AND STRUCTURES. VERIFY COLOR OF SEALANT WITH LANDSCAPE ARCHITECT.

5. CONTRACTOR SHALL SUBMIT 4' X 4' SAMPLES, OR AS NOTED IN THE SPECIFICATIONS, OF ALL PAVING FINISHES AND COLORS WITH JOINTS IN PLACE. ALL

SAMPLES SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION.

6. PRIOR TO INSTALLATION OF ANY CONSTRUCTION ITEM, FORMS WITH STEEL IN PLACE SHALL BE INSPECTED AND APPROVED BY THE LANDSCAPE ARCHITECT.

7. ALL CONCRETE FLATWORK FINISH SHALL BE INSTALLED PER LANDSCAPE ARCHITECTURE DRAWINGS. ALL CONCRETE AND BASE THICKNESS, MATERIALS AND

REINFORCING SHALL BE INSTALLED PER ARCHITECT, STRUCTURAL ENGINEERING AND CIVIL ENGINEERING DRAWINGS.

8. 100% OF EXCAVATED SOIL AND VEGETATION RESULTING FROM LAND CLEARING

SHALL BE REUSED OR RECYCLED

SITE DEVELOPMENT & ACCESSIBLE ROUTES OF TRAVEL

1. ACCESSIBLE ROUTE OF TRAVEL IS DEFINED AS "A CONTINUOUS UNOBSTRUCTED

PATH CONNECTING ALL ACCESSIBLE ELEMENTS AND SPACES IN AN ACCESSIBLE

BUILDING OR FACILITY THAT CAN BE NEGOTIATED BY A PERSON WITH A DISABILITY

USING A WHEELCHAIR AND THAT IS ALSO SAFE FOR AND USABLE BY PERSONS WITH

OTHER DISABILITIES, AND THAT IS CONSISTENT WITH THE DEFINITION OF PATH OF TRAVEL (AA02B).

2. SITE DEVELOPMENT AND GRADING SHALL BE DESIGNED TO PROVIDE ACCESS TO

ALL ENTRANCES AND EXTERIOR GROUND FLOOR EXITS, AND ACCESS TO NORMAL

PATHS OF TRAVEL, AND WHERE NECESSARY TO PROVIDE ACCESS, SHALL INCORPORATE PEDESTRIAN RAMPS, CURB RAMPS, ETC. (1127B.1)

3. AT LEAST ONE ACCESSIBLE ROUTE WITHIN THE BOUNDARY OF THE SITE SHALL BE

PROVIDED FROM PUBLIC TRANSPORTATION STOPS, ACCESSIBLE PARKING AND

ACCESSIBLE PASSENGER LOADING ZONES, AND PUBLIC STREETS OR SIDEWALKS, TO THE ACCESSIBLE BUILDING ENTRANCE THEY SERVE. THE ACCESSIBLE ROUTE SHALL,

TO THE MAXIMUM EXTENT FEASIBLE, COINCIDE WITH THE ROUTE FOR THE GENERAL PUBLIC. (1114B.1.2)

4. THE ACCESSIBLE ROUTE OF TRAVEL SHALL BE THE MOST PRACTICAL DIRECT

ROUTE BETWEEN ACCESSIBLE BUILDING ENTRANCES, ACCESSIBLE SITE FACILITIES, AND THE ACCESSIBLE ENTRANCE TO THE SITE. (1127B.1)

5. WHEN MORE THAN ONE BUILDING OR FACILITY IS LOCATED ON A SITE,

ACCESSIBLE ROUTES OF TRAVEL SHALL BE PROVIDED BETWEEN BUILDINGS AND ACCESSIBLE SITE FACILITIES. (1127B.1)

6. WHEN A BUILDING OR PORTION OF A BUILDING IS REQUIRED TO BE ACCESSIBLE

OR ADAPTABLE, AN ACCESSIBLE ROUTE OF TRAVEL COMPLYING WITH SECTIONS 1102B, 1114B, 1124B, 1133B.3, 1133B.5, 1133B.7, AND 1133B.8.6 SHALL BE PROVIDED TO

ALL PORTIONS OF THE BUILDING, TO ACCESSIBLE BUILDING ENTRANCES, AND BETWEEN THE BUILDING AND THE PUBLIC WAY. (1114B.1.2)

7. AT LEAST ONE ACCESSIBLE ROUTE SHALL CONNECT THE FOLLOWING: (1114B.1.2) A. ACCESSIBLE BUILDINGS, FACILITIES, ELEMENTS AND SPACES THAT ARE ON THE SAME SITE.

8. WHERE MORE THAN ONE ROUTE OF TRAVEL IS PROVIDED, ALL ROUTES SHALL BE ACCESSIBLE (1114B.1.2)

9. AT EVERY PRIMARY PUBLIC ENTRANCE AND AT EVERY MAJOR JUNCTION WHERE

THE ACCESSIBLE ROUTE OF TRAVEL DIVERGES FROM THE REGULAR CIRCULATION

PATH ALONG OR LEADING TO AN ACCESSIBLE ROUTE OF TRAVEL, ENTRANCE OR

FACILITY, THERE SHALL BE A SIGN DISPLAYING THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. SIGNS SHALL INDICATE THE DIRECTION TO ACCESSIBLE BUILDING

ENTRANCES AND FACILITIES AND SHALL COMPLY WITH THE APPLICABLE REQUIREMENTS FOUND IN THE CHECKLIST SECTION #60 'SIGNS AND IDENTIFICATION." (1127B.1)

WALKS & SIDEWALKS

1. WALKS AND SIDEWALKS SUBJECT TO THESE REGULATIONS SHALL HAVE A

CONTINUOUS COMMON SURFACE, NOT INTERRUPTED BY STEPS OR BY ABRUPT CHANGES IN LEVEL EXCEEDING 1/2 " INCH. (1133B.7.1)

2. WALK AND SIDEWALK SURFACES SHALL BE SLIP-RESISTANT AS FOLLOWS:
(1133B.7.1) A. SURFACES WITH LESS THAN 6 PERCENT SLOPE SHALL BE AT LEAST A SLIP-RESISTANT AS THAT DESCRIBED AS A MEDIUM SALTED FINISH. (1133B.7.1.1)

3. SLOPE IN THE DIRECTION OF TRAVEL DOES NOT EXCEED 1:20 GRADIENT (5 PERCENT). (1133B.7.3.)

4. SURFACES WITH A 6 PERCENT OR GREATER SLOPE SHALL BE SLIP-RESISTANT. (1133B.7.1.2)

5. WALK AND SIDEWALK SURFACE CROSS SLOPES SHALL NOT EXCEED ONE UNIT VERTICAL IN 50 UNITS HORIZONTAL (2 PERCENT SLOPE). (1133B.7.1.3)

6. WALKS SHALL BE PROVIDED WITH A LEVEL AREA NOT LESS THAN 60 INCHES BY 60

INCHES AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48 INCHES WIDE BY 44 INCHES DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK. (1133B7.5, FIG 11B-226A & 26B)

7. LEVEL AREA OF WALKS SHALL EXTEND 24 INCHES TO THE SIDE OF THE STRIKE EDGE OF A DOOR OR GATE THAT SWINGS TOWARD THE WALK. (1133B.7.5, FIG 11B-26B)

CURB RAMPS
NOTE: CURB RAMPS SHALL BE CONSTRUCTED WHERE A PEDESTRIAN WAY CROSSES A CURB. THE PREFERRED AND RECOMMENDED LOCATION FOR CURB RAMPS IS IN THE CENTER OF THE CROSSWALK OR EACH STREET CORNER. WHERE IT IS

NECESSARY TO LOCATE A CURB RAMP IN THE CENTER OF THE CURB RETURN AND

THE STREET SURFACES ARE MARKED TO IDENTIFY PEDESTRIAN CROSSWALKS, THE

LOWER END OF THE CURB RAMP SHALL TERMINATE WITHIN SUCH CROSSWALK AREAS. SEC 1127B.5.1 FIG 11B-19 THROUGH 11B-23

1. PROVIDE A CURB RAMP PER SECTION 1127B.5.1.

2. CURB RAMPS SHALL BE A MINIMUM OF 4' IN WIDTH AND SHALL LIE, GENERALLY, IN

A SINGLE SLOPED PLANE, WITH A MINIMUM OF SURFACE WARPING AND CROSS SLOPE. (1127B.5.2)

3. THE SLOPE OF CURB RAMPS SHALL NOT EXCEED 1 VERTICAL TO 12 HORIZONTAL (8.33 PERCENT). (1127B.5.3)

4. THE SURFACE OF THE CURB RAMP AND FLARED SIDES (IF PROVIDED) DO NOT CONTAIN ANY VERTICAL EDGES GREATER THAN 1/4" IN HEIGHT. (1127B.5.5, 1124B.2)

5. TRANSITIONS FROM RAMPS TO WALKS, GUTTERS, OR STREETS SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. (1127B.5.3)

6. MAXIMUM SLOPES OF ADJOINING GUTTERS, ROAD SURFACE IMMEDIATELY ADJACENT TO THE CURB RAMP OR ACCESSIBLE ROUTE, SHALL NOT EXCEED 1:20 WITHIN 4' OF THE TOP AND BOTTOM OF THE CURB RAMP. THE SLOPE OF THE FANNED OR FLARED SIDES OF CURB RAMPS SHALL NOT EXCEED 1 VERTICAL TO 10 HORIZONTAL. (1127B.5.3)

7. A LEVEL LANDING 4' DEEP SHALL BE PROVIDED AT THE UPPER END OF EACH CURB

RAMP OVER ITS FULL WIDTH TO PERMIT SAFE EGRESS FROM THE RAMP SURFACE,

OR THE SLOPE OF THE FANNED OR FLARED SIDES OF THE CURB RAMP SHALL NOT EXCEED 1 VERTICAL TO 12 HORIZONTA (8.33 PERCENT). (1127B.5.4)

8. THE SURFACE OF EACH CURB RAMP AND ITS FLARED SIDES SHALL BE STABLE,

FIRM, AND SLIP-RESISTANT AND SHALL BE OF CONTRASTING FINISH FROM THAT OF THE ADJACENT SIDEWALK. (1127B.5.6)

9. THE SLOPES OF THE ROAD, GUTTER, OR ACCESSIBLE ROUTE ADJOINING THE CURB RAMP DO NOT EXCEED A 1:20 GRADIENT (5 PERCENT) WITHIN 4' OF THE TOP AND BOTTOM OF THE CURB RAMP. (1127B.5.3)

10. ALL CURB RAMPS SHALL HAVE A GROOVED BORDER 12" WIDE AT THE LEVEL SURFACE OF THE SIDEWALK ALONG THE TOP AND EACH SIDE APPROXIMATELY 3/4" ON CENTER. ALL CURB RAMPS CONSTRUCTED BETWEEN THE FACE OF THE CURB

AND THE STREET SHALL HAVE A GROOVED BORDER AT THE LEVEL SURFACE OF THE SIDEWALK. (1127B.5.7, FIG. 11B-19C & 11B-20GH)

11. A CURB RAMP SHALL HAVE A DETECTABLE WARNING THAT EXTENDS THE FULL WIDTH AND 36" FROM THE BOTTOMOF THE CURB RAMP INSIDE THE GROOVED BORDER. DETECTABLE WARNINGS SHALL CONSIST OF RAISED TRUNCATED DOMES WITH A DIAMETER OF NOMINAL 0.9" AT THE BASED TAPERING TO 0.45" AT THE TOP, A HEIGHT OF NOMINAL 0.2", AND A CENTER-TO-CENTER SPACING OF NOMINAL 2.35", IN COMPLIANCE WITH FIGURE 11B-23. "NOMINAL", AS USED HERE, SHALL BE IN ACCORDANCE WITH SECTION 12-31-102, STATE REFERENCED STANDARDS CODE. THE

DETECTABLE WARNING SHALL CONTRAST VISUALLY WITH ADJOINING SURFACES, EITHER LIGHT-ON-DARK OR DARK-ON-LIGHT. THE MATERIAL USED TO PROVIDE CONTRAST SHALL BE AN INTEGRAL PART OF THE WALKING SURFACE. THE DOMES

MAY BE CONSTRUCTED IN A VARIETY OF METHODS, INCLUDING CAST-IN-PLACE OR STAMPED, OR MAY BE PART OF A PREFABRICATED SURFACE TREATMENT. ONLY

APPROVED DSA/AC DETECTABLE WARNING PRODUCTS AND DIRECTIONAL SURFACES

SHALL BE INSTALLED AS PROVIDED IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 1, ARTICLES 2, 3, AND 4. (1127B.5.8)

12. CURB RAMPS SHALL BE LOCATED OR PROTECTED TO PREVENT THEIR OBSTRUCTION BY PARKED CARS. ( 1127B.5.9)
RAMPS

1. ANY PATH OF TRAVEL SHALL BE CONSIDERED A RAMP IF ITS SLOPE IS GREATER THAN ONE UNIT VERTICAL IN 20 UNITS HORIZONTAL (5 PERCENT SLOPE) (1133B.5.1)

2. INTERMEDIATE LANDINGS SHALL BE PROVIDED AT INTERVALS NOT EXCEEDING 30 INCHES OF VERTICAL RISE AND AT EACH CHANGE OF DIRECTION (1122B.5.4.1, FIG 11B-38 & 39)

3. TOP LANDINGS SHALL NOT BE LESS THAN 60 INCHES WIDE AND SHALL HAVE A LENGTH OF NOT LESS THAN 60 INCHES IN THE DIRECTION OF THE RAMP RUN.

LANDINGS AT THE BOTTOM OF RAMPS SHALL HAVE A DIMENSION IN THE DIRECTION OF THE RAMP RUN OF NOT LESS THAN 72 INCHES (1133B.5.4.2, FIG 11B-38 & 39)

4. HANDRAILS ARE REQUIRED ON RAMPS THAT PROVIDE ACCESS IF THE RAMP SLOPE EXCEEDS ONE UNIT VERTICAL IN 20 UNITS HORIZONTAL (5 PERCENT SLOPE) (1133B.5.5.1)

5. HANDRAILS SHALL BE PLACED ON EACH SIDE OF EACH RAMP, SHALL BE CONTINUOUS THE FULL LENGTH OF THE RAMP, SHALL BE 34 TO 38 INCHES ABOVE THE RAMP SURFACE TO THE TOP OF THE HANDRAILS, SHALL EXTEND A MINIMUM OF 1

FOOT BEYOND THE TOP AND BOTTOM OF THE RAMP, AND SHALL PARALLEL THE FLOOR OR GROUND SURFACE. HANDRAILS SHALL ALWAYS BE CONTINUOUS AND THE

ENDS OF HANDRAILS SHALL BE EITHER ROUNDED OR RETURNED SMOOTHLY TO THE FLOOR, WALL OR POST. (1133B.5.5.1, FIG 11B-27(b) & (c))

6. THE GRIP PORTION OF HANDRAILS SHALL BE NOT LESS THAN 1-1/4 INCHES NOR MORE THAN 1-1/2 INCHES IN CROSS SECTIONAL NOMINAL DIMENSION (1133B.5.5.1, FIG 11B-36)

7. HANDRAIL PROJECTING FROM A WALL SHALL HAVE A SPACE OF 1-1/2 INCHES BETWEEN THE WALL AND THE HANDRAIL. (1133B.5.5.1, FIG 11B-36)

8. FINISH SURFACE OF RAMP AND LANDING(S) IS STABLE, FIRM AND SLIP-RESISTANT.

9. RAMPS AND LANDINGS WITH DROP-OFFS HAVE EDGE PROTECTION CONSISTING OF EITHER A GUIDE CURB A MINIMUM OF 2" IN HEIGHT ON EACH SIDE OF THE RAMP, OR WHEEL GUIDE RAIL CENTERED 3" PLUS OR MINUS 1" ON EACH SIDE OF THE RAMP. (1133B.5.7)

10. HANDRAIL HAS SMOOTH SURFACE, NO SHARP EDGES OR CORNERS, AND EDGES HAVE A MIN. RADIUS OF 1/8". (1133B.5.5.1)

HAZARDOUS AND PROTRUDING OBJECTS

1. ABRUPT CHANGES IN LEVEL, EXCEPT BETWEEN A WALK OR SIDEWALK AND AN ADJACENT STREET OR DRIVEWAY, EXCEEDING 4" IN A VERTICAL DIMENSION, SUCH

AS AT PLANTERS OR FOUNTAINS LOCATED IN OR ADJACENT TO WALKS, SIDEWALKS,

OR OTHER PEDESTRIAN WAYS, SHALL BE IDENTIFIED BY WARNING CURBS PROJECTING AT LEAST 6" IN HEIGHT ABOVE THE WALK OR SIDEWALK SURFACE TO WARN THE BLIND OF A POTENTIAL DROP OFF. (1133B.8.1)

2. WHEN A GUARDRAIL OR HANDRAIL IS PROVIDED, NO WARNING CURB IS REQUIRED WHEN A GUIDE RAIL IS PROVIDED CENTERED 3" +/- 1" ABOVE THE SURFACE OF THE WALK OR SIDEWALK, THE WALK IS 5 PERCENT OR LESS GRADIENT, OR NO ADJACENT HAZARD EXISTS. (1133B.8.1, FIG 11B-27(C)

3. OBJECTS PROJECTING FROM WALLS WITH THEIR LEADING EDGES BETWEEN 27" AND 80" ABOVE THE FINISHED FLOOR SHALL PROTRUDE NO MORE THAN 4" INTO WALKS, HALLS, CORRIDORS, PASSAGEWAYS, OR AISLES. (1121B.1, FIG 11B-7A)

4. OBJECTS MOUNTED WITH THEIR LEADING EDGES AT OR BELOW 27" ABOVE THE

FINISHED FLOOR MAY PROTRUDE ANY AMOUNT INTO WALKS, HALLS, CORRIDORS, PASSAGEWAYS, OR AISLES. (1121B.1, FIG 11B-7A)

5. FREE-STANDING OBJECTS MOUNTED ON POSTS OR PYLONS MAY OVERHANG 12" MAXIMUM FROM 27" TO 80" ABOVE THE GROUND OR FINISHED FLOOR. (1121B.1)

6. PROTRUDING OBJECTS SHALL NOT REDUCE THE CLEAR WIDTH OF AN ACCESSIBLE ROUTE OR MANEUVERING SPACE. (1121B.1)

7. WALKS, HALLS, CORRIDORS, PASSAGEWAYS, AISLES, OR OTHER CIRCULATION SPACES SHALL HAVE 80" MINIMUM CLEAR HEAD ROOM. (1121B.2, FIG 11B-7A)

8. ANY OBSTRUCTION THAT OVERHANGS A PEDESTRIAN WAY SHALL BE A MINIMUM OF 80" ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION. (1121B.2, FIG 11B-28)

9. WHERE A GUY SUPPORT IS USED PARALLEL TO A PATH OF TRAVEL, INCLUDING,

BUT NOT LIMITED TO , SIDEWALKS, A GUY BRACE, SIDEWALK GUY OR SIMILAR DEVICE SHALL BE USED TO PREVENT AN OVERHANGING OBSTRUCTION AS DEFINED. (1133B.8.2)

10. IF A WALK CROSSES OR ADJOINS A VEHICULAR WAY, AND THE WALKING

SURFACES ARE NOT SEPARATED BY CURBS, RAILINGS, OR OTHER ELEMENTS

BETWEEN THE PEDESTRIAN AREAS AND VEHICULAR AREAS, THE BOUNDARY

BETWEEN THE AREAS SHALL BE DEFINED BY A CONTINUOUS DETECTABLE WARNING WHICH IS 36" WIDE, COMPLYING WITH SECTION 1024.3. (1133B.8.5) DOORs

1. DOOR HANDLES, PULLS, LATCHES, LOCKS, AND OTHER OPERATING DEVICES ON

DOORS REQUIRE TO BE ACCESSIBLE SHALL NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE. MANUALLY OPERATED BOLTS OR SURFACE BOLTS ARE NOT PERMITTED. THE UNLATCHING OF ANY DOOR OR LEAF SHALL NOT REQUIRE MORE THAN ONE OPERATION. (1008.1.8, 1008.1.8.4, 1008.1.8.5)

2. LATCHING AND LOCKING DOORS THAT ARE HAND ACTIVATED AND WHICH ARE IN A

PATH OF TRAVEL SHALL BE OPERABLE WITH A SINGLE EFFORT BY LEVER TYPE

HARDWARE, BY PANIC BARS, PUSH-PULL ACTIVATING BARS, OR OTHER HARDWARE

DESIGNED TO PROVIDE PASSAGE WITHOUT REQUIRING THE ABILITY TO GRASP THE OPENING HARDWARE. (1133B.2.5.2)

3. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE CENTERED BETWEEN 30 INCHES AND 44 INCHES ABOVE THE FLOOR. (1133B.2.5.2)

4. WHEN INSTALLED, DOORWAYS SHALL HAVE A MINIMUM CLEAR OPENING OF 32 INCHES WITH THE DOOR OPEN 90 DEGREES. (1133B.1.1.1.1, FIG 11B-5B & 11B-33)

5. THERE SHALL BE A LEVEL AND CLEAR FLOOR OR LANDING ON EACH SIDE OF A DOOR. THE LEVEL AREA SHALL HAVE A LENGTH IN THE DIRECTION OF DOOR SWING OF AT LEAST 60 INCHES AND THE LENGTH OPPOSITE THE DIRECTION OF DOOR SWING OF 48 INCHES AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN THE CLOSED POSITION. WHERE THE PLANE OF THE DOORWAY IS OFFSET OR LOCATED IN AN ALCOVE A DISTANCE MORE THAN 8 INCHES MEASURED FROM THE

PLANE OF THE DOORWAY TO THE FACE OF THE WALL, THE DOOR SHALL BE PROVIDED WITH 60 INCHES MANEUVERING CLEARANCE FOR FRONT APPROACH. (1133B.2.4.2, 1133B.2.5.3, FIG 11B-25, FIG 11B-33(A))

6. THE WIDTH OF THE LEVEL AREA ON THE SIDE TO WHICH THE DOOR SWINGS SHALL EXTEND 24 INCHES PAST THE STRIKE EDGE OF THE DOOR FOR EXTERIOR DOORS AND 18 INCHES PAST THE STRIKE EDGE FOR INTERIOR DOORS. WHERE THE PLANE OF THE DOORWAY IS OFFSET 8 OR MORE INCHES FROM ANY OBSTRUCTION WITHIN 18 INCHES MEASURED LATERALLY ON THE LATCH SIDE, THE DOOR SHALL BE PROVIDED WITH MANEUVERING CLEARANCE FOR FRONT APPROACH. (1133B.2.4.3, 1133B.2.4.5, 1133B.2.5.3, FIG 11B-33(A))

7. THE FLOOR OR LANDING SHALL NOT BE MORE THAN 1/2 INCH LOWER THAN THE THRESHOLD OF THE DOORWAY. (1133B.2.4.1)

8. THE BOTTOM 10 INCHES OF ALL DOORS EXCEPT AUTOMATIC AND SLIDING SHALL

HAVE A SMOOTH, UNINTERRUPTED SURFACE TO ALLOW THE DOOR TO BE OPENED

BY A WHEELCHAIR FOOTREST WITHOUT CREATING A TRAP OR HAZARDOUS CONDITION. WHERE NARROW FRAME DOORS ARE USED, A 10 INCH HIGH SMOOTH

PANEL SHALL BE INSTALLED ON THE PUSH SIDE OF THE DOOR, WHICH WILL ALLOW

THE DOOR TO BE OPENED BY A WHEELCHAIR FOOTREST WITHOUT CREATING A TRAP OR HAZARDOUS CONDITION. (1133B.2.6, FIG 11B-29)

10. THE MAXIMUM FORCE REQUIRED TO PUSH OR PULL OPEN A DOOR SHALL COMPLY WITH THE FOLLOWING. PUSH OR PULL FORCE FOR A HINGED DOOR SHALL

BE MEASURED PERPENDICULAR TO THE DOOR FACE AT THE DOOR OPENING HARDWARE OR 30 INCHES FROM THE HINGED SIDE, WHICHEVER IS FARTHER FROM THE HINGE. PUSH OR PULL FORCE FOR A SLIDING OR FOLDING DOOR SHALL BE MEASURED PARALLEL TO THE DOOR AT THE DOOR PULL OR LATCH. COMPENSATING DEVISES OR AUTOMATIC DOOR OPERATORS COMPLYING WITH SECTION 1133B.2.3.2 MAY BE USED TO MEET THE MAXIMUM FORCE LIMITS. (1133B.2.5) A. REQUIRED FIRE DOORS SHALL HAVE THE MINIMUM OPENING FORCE ALLOWABLE BY THE APPROPRIATE ADMINISTRATIVE AUTHORITY, NOT TO EXCEED 15 LBF.

B. OTHER THAN REQUIRED FIRE DOORS, INTERIOR DOORS SHALL HAVE A MAXIMUM OPENING FORCE OF 5 LBF.

C. OTHER THAN REQUIRED FIRE DOORS, EXTERIOR DOORS SHALL HAVE A MAXIMUM OPENING FORCE OF 5 LBF.

STAIRWAYS

1. STAIRWAYS SHALL HAVE HANDRAILS ON EACH SIDE, AND EVERY STAIRWAY REQUIRED TO BE MORE THAN 88" IN WIDTH SHALL BE PROVIDED WITH NOT LESS THAN ONE INTERMEDIATE HANDRAIL FOR EACH 88" OF REQUIRED WIDTH.

INTERMEDIATE HANDRAILS SHALL BE SPACED APPROXIMATELY EQUALLY ACROSS THE ENTIRE WIDTH OF THE STAIRWAY. (1003.3.3.6)

2. HANDRAILS SHALL BE CONTINUOUS ALONG BOTH SIDES OF THE STAIRWAY.

INTERMEDIATE HANDRAILS SHALL BE PROVIDED AS REQUIRED IN SECTION 1012.8. (1133B.4.1.1)

3. THE TOP OF HANDRAIL GRIPPING SURFACE SHALL BE MOUNTED 34 TO 38 INCHES ABOVE THE NOSING OF THE TREADS. (1133B.4.2.1, FIG 11B-35)

4. HANDRAILS SHALL EXTEND A MINIMUM OF 12" BEYOND THE TOP NOSING AND 12"

PLUS THE TREAD WIDTH BEYOND THE BOTTOM NOSING AND ENDS SHALL BE RETURNED OR TERMINATE IN NEWEL POSTS OR SAFETY TERMINALS. (1133B.4.2.2, 1133B.4.2.3, FIG 11B-35 & 37)

5. WHERE THE EXTENSION OF THE HANDRAIL IN THE DIRECTION OF THE STAIR RUN

WOULD CREATE A HAZARD, THE TERMINATION OF THE EXTENSION SHALL BE MADE EITHER ROUNDED OR RETURNED SMOOTHLY TO THE FLOOR, WALL, OR POST. WHERE

THE STAIRS ARE CONTINUOUS FROM LANDING TO LANDING, THE INNER RAIL SHALL BE CONTINUOUS AND NEED NOT EXTEND OUT INTO THE LANDING. ( 1133B.4.2.4, FIG 11B-37)

6. THE HANDGRIP PORTION OF HANDRAILS SHALL BE NOT LESS THAN 1-1/4" OR MORE THAN 1-1/2" IN CROSS-SECTIONAL DIMENSION OR THE SHAPE SHALL PROVIDE AN EQUIVALENT GRIPPING SURFACE. THE HANDGRIP PORTION OF HANDRAILS SHALL HAVE A SMOOTH SURFACE WITH NO SHARP CORNERS. GRIPPING SURFACES (TOP

AND SIDES) SHALL BE UNINTERRUPTED BY NEWEL POSTS, OTHER CONSTRUCTION ELEMENTS, OR OBSTRUCTIONS. ANY WALL OR OTHER SURFACE ADJACENT TO THE HANDRAIL SHALL BE FREE OF SHARP OR ABRASIVE ELEMENTS. EDGES SHALL HAVE A MINIMUM RADIUS OF 1/8 INCH. (1133B.4.2.6, FIG 11B-36)

7. N/A

8. HANDRAILS PROJECTING FROM A WALL SHALL HAVE A SPACE OF 1-1/2" BETWEEN THE WALL AND THE HANDRAIL. HANDRAILS MAY BE LOCATED IN A RECESS IF THE RECESS IS A MAXIMUM OF 3" DEEP AND EXTENDS AT LEAST 18" ABOVE THE TOP OF THE RAIL. HANDRAILS SHALL NOT ROTATE WITHIN THEIR FITTING. (1133B.4.2.5, FIG 11B-36)

9. AT INTERIOR STAIRS, THE UPPER APPROACH AND THE LOWER TREAD OF EACH STAIR SHALL BE MARKED BY A STRIP OF CLEARLY CONTRASTING COLOR AT LEAST 2" WIDE AND NOT MORE THAN 4" WIDE PLACED PARALLEL TO AND NOT MORE THAN 1" FROM THE NOSE OF THE STEP OR LANDING TO ALERT THE VISUALLY IMPAIRED. THE

STRIP SHALL BE OF MATERIAL THAT IS AT LEAST AS SLIP RESISTANT AS THE OTHER TREADS OF THE STAIR. (1133B.4.4, FIG 11B-35)

10. WHERE STAIRWAYS OCCUR OUTSIDE A BUILDING, THE UPPER APPROACH AND

ALL TREADS SHALL BE MARKED BY A STRIP OF CLEARLY CONTRASTING COLOR AT LEAST 2" WIDE AND NOT MORE THAN 4" WIDE PLACED PARALLEL TO AND NOT MORE THAN 1" FROM THE NOSE OF THE STEP OR LANDING TO ALERT THE VISUALLY IMPAIRED. THE STRIP SHALL BE OF A MATERIAL THAT IS AT LEAST AS SLIP-RESISTANT AS THE OTHER TREADS OF THE STAIR. A PAINTED STRIP SHALL BE ACCEPTABLE. (1133B.4.4, FIG 11B-35)

11. ALL TREAD SURFACES SHALL BE SLIP-RESISTANT. WEATHER EXPOSED STAIRS

AND THEIR APPROACHES SHALL DESIGNED SO THAT WATER WILL NOT ACCUMULATE ON WALKING SURFACES. TREADS SHALL HAVE SMOOTH, ROUNDED, OR CHAMFERED EXPOSED EDGES, AND NO ABRUPT EDGES AT THE NOSING (LOWER FRONT EDGE). (1133B.4.5.1, FIG 11B-35)

12. THE NOSING SHALL NOT PROJECT MORE THAN 1-1/2" PAST THE FACE OF THE RISER BELOW. (1133B.4.5.2, FIG 11B-35)

13. OPEN RISERS ARE NOT PERMITTED. ON ANY GIVEN FLIGHT OF STAIRS, ALL STEPS

SHALL HAVE UNIFORM RISER HEIGHT AND UNIFORM TREAD WIDTHS CONSISTENT WITH 1133B.4. STAIR TREADS SHALL BE NO LESS THAN 11" DEEP, MEASURED FROM RISER TO RISER. RISERS SHALL BE SLOPED OR THE UNDERSIDE OF THE NOSING SHALL HAVE AN ANGLE NOT LESS THAN 60 DEGREES FROM THE HORIZONTAL STAIR RISER HEIGHTS SHALL BE 7 INCHES MAXIMUM AND 4 INCHES MINIMUM. (1133B.4, FIG 11B-35)

14. APPROVED TACTILE STAIRWAY IDENTIFICATION SIGNS THAT COMPLY WITH SECTION 1117B.5.1 SHALL BE LOCATED AT EACH FLOOR LEVEL IN ALL ENCLOSED STAIRWAYS IN BUILDINGS TWO OR MORE STORIES IN HEIGHT. THE SIGN SHALL

IDENTIFY THE STAIRWAY, INDICATE WHETHER THERE IS ROOF ACCESS, THE FLOOR LEVEL, AND THE UPPER AND LOWER TERMINUS OF THE STAIRWAY. THE SIGN SHALL BE LOCATED APPROXIMATELY 5' ABOVE THE FLOOR LANDING IN A POSITION WHICH IS

READILY VISIBLE WHEN THE DOOR IS IN THE OPEN OR CLOSED POSITION OR, THE SIGN SHALL BE LOCATED APPROXIMATELY 5' ABOVE THE FLOOR LANDING IMMEDIATELY ADJACENT TO THE DOOR ON THE STRIKE. BRAILLE SHALL BE GRADE II.

CONTROLS AND OPERATING MECHANISMS

1. CONTROLS AND OPERATING MECHANISMS REQUIRED TO BE ACCESSIBLE BY SECTION 101.4.11 SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 1117B.6 (1117B.6.1)

2. CLEAR FLOOR SPACE COMPLYING WITH SECTION 1118B.4 THAT ALLOWS A

FORWARD OR PARALLEL APPROACH BY A PERSON USING A WHEELCHAIR SHALL BE

PROVIDED AT CONTROLS, DISPENSERS, RECEPTACLES, AND OTHER OPERABLE EQUIPMENT. (1117B.6.2)

3. THE HIGHEST AND LOWEST OPERABLE PART OF ALL CONTROLS, DISPENSERS, RECEPTACLES, AND OTHER OPERABLE EQUIPMENT SHALL BE PLACED WITHIN 48" OF THE FLOOR BUT NOT LOWER THAN 15" IF FORWARD APPROACHED AND WITHIN 54" BUT NOT LOWER THAN 9" IF SIDE APPROACHED. ELECTRICAL AND COMMUNICATION SYSTEM RECEPTACLES ON WALLS SHALL BE MOUNTED NO LESS THAN 15" ABOVE THE FLOOR. (1117B.6.3)

4. CONTROLS AND OPERATING MECHANISMS SHALL BE OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE TIGHT GRASPING, PUNCHING, OR TWISTING OF THE WRIST.

TO FORCE REQUIRED TO ACTIVATE CONTROLS SHALL BE NO GREATER THAN 5 POUNDS OF FORCE. (1117B.6.4)

5. N/A

6. FAUCET CONTROLS AND OPERATING MECHANISMS FOR KITCHEN SINKS SHALL BE

OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE GRASPING, PINCHING, OR TWISTING OF THE WRIST. THE FORCE REQUIRED TO ACTIVE FAUCET CONTROLS AND OPERATING MECHANISMS FOR KITCHEN SINKS SHALL BE NO GREATER THAN 5 LBF

LEVER-OPERATED, PUSH-TYPE, AND ELECTRONICALLY CONTROLLED MECHANISMS ARE EXAMPLES OF ACCEPTABLE DESIGNS. SELF-CLOSING VALVES ARE ALLOWED IF THE FAUCET REMAINS OPEN FOR AT LEAST 10 SECONDS. (1115B.2.1.6.1) CONSULTANT REVISIONS FILENAME DRAWING TITLE SCALE DRAWING NO. [WHEN PRINTED ON
30"X42" SHEET]
ISSUES
Published:

C Rios, INC PROJECT ID
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323.785.1801
rios.com
12" = 1'-0"
10/24/2024 10:37:01 AM

MARILYN MONROE

STATUE -

RELOCATION SITE
PREP

GENERAL NOTES
L1.00
Museum Wy, Palm Springs,
CA 92262

00.24255

24.10.24 ISSUE 1
SCA
Co rmi
Signalllre
7/31/25
Renewal Date
Item 1KK - Page 30
•
7 4.0

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CONSULTANT REVISIONS FILENAME DRAWING TITLE SCALE DRAWING NO. [WHEN PRINTED ON
30"X42" SHEET]
ISSUES
Published:

C Rios, INC PROJECT ID
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323.785.1801
rios.com
1/8" = 1'-0"
10/24/2024 10:37:02 AM

MARILYN MONROE

STATUE -

RELOCATION SITE
PREP

LAYOUT PLAN
L2.10
Museum Wy, Palm Springs,
CA 92262

00.24255

24.10.24 ISSUE 1
5 10 15 20
1/8" = 1'-0"
0 FEET
1/8" = 1'-0"

LAYOUT PLAN
1 SCA
Co rmi
Signalllre
7/31/25
Renewal Date
Item 1KK - Page 31
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TOP OF SCULPTURE BASE TO BE

SET FLUSH WITH ADJACENT DG

SURFACE

FUTURE SCULPTURE BASE, SCULPTURE

BASE AND RELOCATION OF THE

SCULPTURE NOT IN THIS SCOPE OF
WORK

DECOMPOSED GRANITE W/

STABILIZING BINDER
COMPACTED AGGREGATE BASE.

COMPACTION OF THE SUBGRADE
SHOULD BE AT LEAST 90% OF THE

MAXIMUM DRY DENSITY
DETERMINED BY ASTM D 1557

TEST METHOD

FILTER FABRIC

COMPACTED SUBGRADE
3" DEPTH UNSTABILIZED DG
12" MIN

AMENDED PLANTING

SOIL PER SOIL REPORT

SPECIFICATIONS

ROOTBALL

COMPACTED AMENDED

PLANTING SOIL PER

SOIL REPORT

SPECIFICATIONS

GRAVEL DRAINAGE
COURSE

PLATIPUS TREE ANCHORING
SYSTEM RF29 OR EQUAL

APPROVED

COMPACTED

SUBGRADE

PERFORATED PVC
AIR TUBE (4") DIA.
2 PER TREE

WATER BASIN
3'-0" W. FILIBUSTA
4'-0" W. FILFERA

ADJACENT STABILIZED DG

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4"-6" DIA
4'-0" DEEP

METAL HEADER
CONSULTANT REVISIONS FILENAME DRAWING TITLE SCALE DRAWING NO. [WHEN PRINTED ON
30"X42" SHEET]
ISSUES
Published:

C Rios, INC PROJECT ID
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323.785.1801
rios.com
1" = 1'-0"
10/24/2024 10:37:03 AM

MARILYN MONROE

STATUE -

RELOCATION SITE
PREP

DETAILS
L5.10
Museum Wy, Palm Springs,
CA 92262

00.24255

24.10.24 ISSUE 1
1" = 1'-0"

DG TO SCULPTURE BASE
1 1" = 1'-0"

PALM ON GRADE W/DG
2 S
CA
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5 Renewal Date
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25 5 10 15 20
1/8" = 1'-0"
0 FEET
NORTH

DRAWING
NORTH
1/8" = 1'-0"
IRRIGATION PLAN 1 I HAVE COMPLIED WITH THE CRITERIA OF THE IRRIGATION GUIDELINES AND APPLIED THEM ACCORDINGLY FOR THE EFFICIENT USE OF WATER IN THE IRRIGATION DESIGN PLAN

CONTRACTOR TO REMOVE

EXISTING TREE BUBBLERS

AT THESE APPROXIMATE
LOCATIONS, VERIFY ACTUALLOCATIONS IN THE FIELDPRIOR TO START OF WORK.

CONTRACTOR TO CONNECT TO EXISTING
3/4" PALM BUBBLER LATERAL LINE AT THIS
APPROXIMATE LOCATION. ROUTE NEW

LATERAL LINE TO RELOCATED
PALM.VERIFY ACTUAL LOCATION IN THE
FIELD DURING CONSTRUCTION.

CONTRACTOR TO CONNECT TO EXISTING 3/4"

PALM BUBBLER LATERAL LINE AT THIS
APPROXIMATE LOCATION. ROUTE NEW LATERAL
LINE TO RELOCATED PALM.VERIFY ACTUAL
LOCATION IN THE FIELD DURING CONSTRUCTION.

CONTRACTOR TO CUT AND CAP EXISTING
LATERAL LINE FEEDING THE TWO BUBBLERSBEING REMOVED DOWNSTREAM OF THISLOCATION. VERIFY ACTUAL LOCATION IN THE FIELD DURING CONSTRUCTION.

CONTRACTOR TO CUT AND CAP EXISTING

LATERAL LINE FEEDING THE BUBBLER BEING
REMOVED DOWNSTREAM OF THIS LOCATION.

VERIFY ACTUAL LOCATION IN THE FIELD
DURING CONSTRUCTION.

CONTRACTOR TO CUT AND CAP EXISTING

LATERAL LINE FEEDING THE BUBBLER BEING
REMOVED DOWNSTREAM OF THIS LOCATION.

VERIFY ACTUAL LOCATION IN THE FIELD
DURING CONSTRUCTION.

PALMS ON THIS ZONE ARE FED FROM EXISTING
VALVE A11, REFER TO CONTRACTOR AS-BUILTS.

VERIFY IN FIELD AT THE START OF WORK.

PALMS ON THIS ZONE ARE FED FROM VALVE
A11, REFER TO CONTRACTOR AS-BUILTS

CONTRACTOR TO CONNECT TO
EXISTING 3/4" PALM BUBBLER LATERAL
LINE AT THIS APPROXIMATE LOCATION.

ROUTE NEW LATERAL LINE TO
RELOCATED PALM. VERIFY ACTUAL

LOCATION IN THE FIELD DURING
CONSTRUCTION.

CONTRACTOR TO CONNECT TO
EXISTING 3/4" PALM BUBBLER LATERAL
LINE AT THIS APPROXIMATE LOCATION.

ROUTE NEW LATERAL LINES TO
RELOCATED PALMS. VERIFY ACTUAL

LOCATION IN THE FIELD DURING
CONSTRUCTION.

NOTE A:PRIOR TO START OF CONSTRUCTION THE CONTRACTOR SHALL SUBMIT TO THE OWNER

AND LANDSCAPE ARCHITECT A SCALED SHOP DRAWING INDICATING THE PROPOSED LOCATIONS FOR THE IRRIGATION EQUIPMENT LISTED BELOW. THE SHOP DRAWING

SHALL BE PREPARED TO THE SATISFACTION OF THE OWNER AND LANDSCAPE ARCHITECT. SHOP DRAWINGS MUST INCLUDE THE PROPOSED LOCATIONS FOR THE FOLLOWING ITEMS:

1. LATERAL LINE POINT OF CONNECTIONS

2. PROPOSED TREE BUBBLER LOCATIONS
EACH PIECE OF AFOREMENTIONED EQUIPMENT SHALL HAVE IT'S PROPOSED INSTALLEDLOCATION SHOWN ON THE SHOP DRAWINGS. THE SYMBOL FOR EACH PRODUCT SHALLBE A SCALED REPRESENTATION OF THE FOOTPRINT OF THE EQUIPMENT. CONTRACTOR

SHALL INSTALL ALL RELATED EQUIPMENT PER THE OWNER APPROVED SHOP DRAWINGS. ONCE THE SHOP DRAWING LOCATIONS ARE APPROVED, THE LANDSCAPE ARCHITECT OR OWNER'S AUTHORIZED REPRESENTATIVE WILL ALLOW NOADJUSTMENTS TO THE APPROVED PLACEMENT WITHOUT PRIOR WRITTEN ACCEPTANCE.ANY IRRIGATION EQUIPMENT INSTALLED WITHOUT PRIOR APPROVAL WITH SHOP DRAWINGS WILL BE SUBJECT TO RELOCATION BASED ON DIRECTION BY THELANDSCAPE ARCHITECT AT THE CONTRACTOR'S EXPENSE.

EXISTING IRRIGATION NOTES
NOTE 1:

CONTRACTOR SHALL MAINTAIN EXISTING MAINLINES IN WORKING ORDER. COORDINATE ALL INTERRUPTIONS OF OPERATION OF THE EXISTING IRRIGATION TO A MINIMUM.

COORDINATE ALL INTERRUPTIONS WITH THE OWNER'S REPRESENTATIVE.

NOTE 2:

CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EXISTING IRRIGATION EQUIPMENT DAMAGED DURING CONSTRUCTION AND IF DAMAGED, SHALL REPLACE WITH SAMEMANUFACTURER AND MODEL.NOTE 3:

CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIR/MODIFICATION/REROUTING OF ALL

ADJACENT IRRIGATION SYSTEM EQUIPMENT THAT IS AFFECTED BY NEW CONSTRUCTION IMPROVEMENTS. CONTRACTOR SHALL REPAIR SAID SYSTEMS TO A LIKE NEW MANNER, AS APPROVED BY OWNER'S AUTHORIZED REPRESENTATIVE. CONTRACTOR SHALL

CONFIRM ALL AREAS REQUIRING MODIFICATION WITH OWNER'S AUTHORIZED REPRESENTATIVE PRIOR TO BIDDING WORK AND PRIOR TO STARTING WORK.NOTE 4:

CONTRACTOR SHALL BE RESPONSIBLE FOR THE COMPLETE REMOVAL AND DISPOSALOF ALL EXISTING IRRIGATION EQUIPMENT AFFECTED BY THE NEW CONSTRUCTION IMPROVEMENTS, IF NECESSARY. CONTRACTOR SHALL VERIFY ALL EQUIPMENT TO BE

REMOVED AND DISPOSED OF IN FIELD PRIOR TO BIDDING WORK AND PRIOR TO STARTING WORK.

NOTE 5:

CONTRACTOR SHALL FIELD VERIFY DEPTH AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO BIDDING WORK AND AGAIN PRIOR TO STARTING WORK. VERIFICATION SHALLBE DOCUMENTED AND DELIVERED TO OWNER'S REPRESENTATIVE.NOTE 6:EXISTING IRRIGATION IN THIS AREA SHALL BE PROTECTED IN PLACE FOR CONTINUEDUSE. CONTRACTOR SHALL VERIFY THE EXTENT OF THE EXISTING SYSTEM AND MAKE

ADJUSTMENTS TO CAP OFF OR MODIFY THE EXISTING SYSTEM TO MEET THE NEW LANDSCAPE CONDITION IF NECESSARY.NOTE 7:

CONTRACTOR SHALL EXERCISE EXTREME CAUTION WHEN WORKING WITHIN THE DRIPLINE OF EXISTING TREES. NO MECHANICAL TRENCHING WITHIN THE DRIPLINE OF THE EXISTING TREE WILL BE ALLOWED. AIR SPADE SHALL BE UTILIZED FOR ALLTRENCHING WITHIN THE DRIPLINE OF TREES. CONTRACTOR SHALL REFER TO

ARBORIST REPORT FOR ADDITIONAL PRECAUTIONS REQUIRED FOR THE EXISTING TREES. VERIFY ALL LAYOUT IN FIELD WITH OWNER'S AUTHORIZED REPRESENTATIVE.

NOTE 7:

CONTRACTOR SHALL VERIFY ALL EXISTING IRRIGATION LATERAL LINES AND PALM BUBBLERS IN THE FIELD DURING CONSTRUCTION.

A TOTAL OF THREE TREES (3.0GPM)
WILL BE ADDED TO VALVE "A4"
INCREASING ITS FLOW TO 14 GPM
FROM 11 GPM. THIS CHANGE SHOULD
HAVE NO IMPACT ON THE EXISTINGLATERAL LINE SIZES FOR THIS ZONE.

A TOTAL OF REDUCTION OF 4.0GPM ONVALVE "A11" DECREASING ITS FLOW FROM 29 GPM TO 25 GPM. THIS

CHANGE SHOULD HAVE NO IMPACT ON
THE EXISTING LATERAL LINE SIZES FORTHIS ZONE.

CONTRACTOR TO PROVIDE

TREE BUBBELRS FOR

RELOCATED PALMS, TYPICAL

EXISTING TREE BUBBLERS,

PROTECT IN PLACE, TYPICAL

EXISTING IRRIGATION IS SCREENEDBACK FOR REFERENCE ONLY,

CONTRACTOR TO REFER TOCONTRACTOR AS-BUILTS AND
EXISTING SITE CONDITIONS.

SCA
Co rmi
Signalllre
7/31/25
Renewal Date
Item 1KK - Page 33
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MODEL NO. / DESCRIPTION

IRRIGATION MATERIAL LEGEND

SYMBOL MANUFACTURER FLOW RATE (GPM) PSI RADIUS DETAIL
AS APPROVED PVC PIPE 3/4" SCH. 40, SOLVENT WELD WITH SCH. 40 PVC FITTINGS, AS LATERAL LINES INSTALLED 12" BELOW FINISHED GRADE P.R. (TRI.)
C
RAIN BIRD RD-06-S-P30-F 6" POP-UP BUBBLER HEAD WITH A HUNTER MSBN-5OQ STREAM BUBBLER .50 (1.00 TOTAL) 1 FT 1.00 IN./HR. A,B 30 NOZZLE EACH SYMBOL REPRESENTS TWO (2) BUBBLER TO PROVIDE A TOTAL OF TWO (2)BUBBLERS PER TREE OR PALM. PLACE THE BUBBLER HEADS SIX (6) INCHES FROM THEROOT BALL OF THE TREE OR PALM AND ON OPPOSITE SIDES OF TREE OR PALM. ADJUSTBUBBLER STREAMS TO WET THE ROOT BALL AND ADJACENT AMENDED SOIL WITHOUTHITTING THE TRUNK OF THE TREE OR PALM.

I HAVE COMPLIED WITH THE CRITERIA OF THE IRRIGATION

GUIDELINES AND APPLIED THEM ACCORDINGLY FOR THE

A POP-UP SPRINKLER HEAD B TREE BUBBLER LAYOUT EFFICIENT USE OF WATER IN THE IRRIGATION DESIGN PLAN SECTION VIEW - N.T.S.
12" POP-UP HEAD SWING JOINT CONFIGURATIONTWELVE (12) INCH POP-UP SPRINKLER HEADSIX (6) INCH POP-UP SPRINKLER HEAD 12"

LEGEND AND PIPE INSTALLATION DETAILFINISHED GRADE AT DEPTH SHOWN ONPVC LATERAL LINE PIPE, TYPE AND SIZE ASSHOWN ON DRAWINGS, INSTALL BELOW 1/2" SIZE WITH FIPT THREADSSCH 40 PVC SxSxT TEE FITTING, LATERAL X LATERAL X INSTALL SPRAY HEADS 4" FROM PAVING EDGE IN TURF AREAS.AREA WITHOUT OVERSPRAY ONTO PAVING, FENCES, WALLS OR BUILDINGS.INSTALL SPRAY HEADS PLUMB. ADJUST NOZZLE STREAM TO COVER THE LANDSCAPEINSTALL SPRAY HEADS 6" FROM PAVING EDGE IN SHRUB AND GROUND COVER AREAS.INSTALL SPRAY HEADS 12" FROM THE FACE OF BUILDING WALLS OR WINDOWS.NOTE:

INLET HAS 1/2" NPT THREADS.FINISHED GRADE IN TURF AREASINSTALL POP-UP SPRAY HEAD FLUSH WITH GRADE IN SHRUB AND GROUND COVER AREASINSTALL POP-UP SPRAY HEAD 1/2" ABOVE FINISHEDUNDISTURBED SOIL MODEL, FEATURES, AND NOZZLES REQUIRED. SPRINKLERPOP-UP SPRAY HEAD, 6" - 12" HEIGHT, SEE LEGEND FOR BRAND, 1/2"
PRE-ASSEMBLED POLY, TRIPLE SWING JOINT, 1/2"
MIPT INLET AND OUTLET WITH A 12" LAY LENGTH,
SAME MANUFACTURER AS SPRINKLER HEAD.

WITH PVC STREET ELL. 6" POP-UP HEAD
CONFIGURATION SHOWN.

C
UNDISTURBED SOILROOT BALL OF TREE OR PALMAMENDED BACKFILL MIX, SEE PLANTING PLANSDRIP LINE OF CANOPY TREE OR PALM6" POP-UP STREAM BUBBLER HEAD WITHA 90° ARC PATTERN THREE (3) STREAM BUBBLER NOZZLE, SEE THE LEGEND FOR ALL3/4" PVC LATERAL LINE PIPE FROM RCVREQUIRED COMPONENTS. ADJUST THENOZZLE STREAMS TO WET THE ROOT BALL S
3/4" PVC LATERAL LINE PIPE3/4" PVC TEE FITTINGAND AMENDED SOIL AREA WITHOUT HITTING.

PLAN VIEW - N.T.S.
6"
THE TRUNK OF THE TREE OR PALM. SEE POP-UP SPRINKLER DETAIL FOR INSTALLATION.

S
NOTE:POSITION MSBN-50Q STREAM BUBBLER HEADS 6" FROM THE ROOT BALL.

PIPE INSTALLATION
SECTION VIEW - N.T.S.

SIZES 3" AND 4" SIZES 3/4" TO 2 1/2"PIPE SIZES A

FINISH SOIL GRADE
A BC

D D D D
D

IRRIGATION NON-PRESSURE LATERAL LINEIRRIGATION PRESSURE MAINLINELOW VOLTAGE CONTROL WIRES,IN CONDUIT IF SPECIFIED ON LEGENDUNDISTURBED SITE SOILCLEAN, COMPACTED BACKFILL SOIL,CLEAN SOIL PIPE BEDDING, SEE CHARTSEPARATION BETWEEN PIPES AND TRENCH WALLS, SEE CHART 12"18"
B
18"24"
C
18"24"
D
4"4"
SIZES 6" AND LARGER 30" 24" 6"

SEE SPECIFICATIONS
CONTRACTOR IS REQUIRED TO CONTACT 811 OR DIGALERT A MINIMUM OF TWO (2) DAYS PRIOR TO ANY EXCAVATION ON THE PROJECT. DIAL 811 OR LOG ONTO WWW.DIGALERT.ORG.NOTE:

1. ALL LOCAL MUNICIPAL AND STATE LAWS, RULES AND REGULATIONS GOVERNING OR RELATING TO ANY PORTION OF THIS WORK ARE

HEREBY INCORPORATED INTO AND MADE A PART OF THESE SPECIFICATIONS AND THEIR PROVISIONS SHALL BE CARRIED OUT BY THE CONTRACTOR.

2. THE CONTRACTOR SHALL VERIFY THE LOCATIONS OF ALL EXISTING UTILITIES, STRUCTURES AND SERVICES BEFORE COMMENCING WORK. THE LOCATIONS OF UTILITIES, STRUCTURES AND SERVICES SHOWN IN THESE PLANS ARE APPROXIMATE ONLY. ANY DISCREPANCIES BETWEEN THESE PLANS AND ACTUAL FIELD CONDITIONS SHALL BE REPORTED TO THE OWNER'S REPRESENTATIVE.

3. THE CONTRACTOR SHALL OBTAIN THE PERTINENT ENGINEERING OR ARCHITECTURAL PLANS BEFORE BEGINNING WORK.

4. THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS REQUIRED TO PERFORM THE WORK INDICATED HEREIN BEFORE BEGINNING WORK.

5. THIS DESIGN IS DIAGRAMMATIC. ALL EQUIPMENT IS SHOWN FOR DESIGN CLARITY ONLY AND IS TO BE INSTALLED WITHIN PLANTING AREAS.

6. THE CONTRACTOR SHALL NOT WILLFULLY INSTALL ANY EQUIPMENT AS SHOWN ON THE PLANS WHEN IT IS OBVIOUS IN THE FIELD THAT UNKNOWN CONDITIONS EXIST THAT WERE NOT EVIDENT AT THE TIME THESE PLANS WERE PREPARED. ANY SUCH CONDITIONS SHALL BE BROUGHT TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE PRIOR TO ANY WORK OR THE IRRIGATION CONTRACTORSHALL ASSUME ALL RESPONSIBILITY FOR ANY FIELD CHANGES DEEMED NECESSARY BY THE OWNER.

7. INSTALL ALL EQUIPMENT AS SHOWN IN THE DETAILS AND SPECIFICATIONS. CONTRACTOR SHALL BE RESPONSIBLE TO COMPLY WITH LOCAL CITY, COUNTY AND STATE REQUIREMENTS FOR BOTH EQUIPMENT AND INSTALLATION.

8. ALL HEADS ARE TO BE INSTALLED WITH THE NOZZLE, SCREEN AND ARCS SHOWN ON THE PLANS. ALL HEADS ARE TO BE ADJUSTED TO PREVENT OVERSPRAY ONTO BUILDINGS, WALLS, FENCES AND HARDSCAPE. THIS INCLUDES, BUT NOT LIMITED TO, ADJUSTMENT

OF DIFFUSER PIN OR ADJUSTMENT SCREW, REPLACEMENT OF PRESSURE COMPENSATING SCREENS, REPLACEMENT OF NOZZLES WITH MORE APPROPRIATE RADIUS UNITS AND THE REPLACEMENT OF NOZZLES WITH ADJUSTABLE ARC UNITS.

9. CONTRACTOR SHALL INSTALL ADDITIONAL CHECK VALVES TO HEADS AND LATERALS AS REQUIRED TO PREVENT LOW HEAD DRAINAGE.

10. THE CONTRACTOR IS REQUIRED TO CONTACT DIGALERT OR 811 A MINIMUM OF TWO (2) DAYS PRIOR TO THE START OF ANY EXCAVATIONS ON THE PROJECT AND SPECIFICALLY PRIOR TO THE INSTALLATION OF ANY GROUNDING RODS. DIAL 811 OR LOG ONTO WWW.DIGALERT.ORG TO START A PROJECT TICKET. DIGALERT AND 811 IS A FREE SERVICE PROVIDED TO THE PROJECT. FAILURE TO

CONTACT AND HAVE THE EXISTING UTILITIES IDENTIFIED, LOCATED AND MARKED SHALL MAKE THE CONTRACTOR SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES.

IRRIGATION NOTES
SCA
Co rmi
Signalllre
7/31/25
Renewal Date
Item 1KK - Page 34
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WATER EFFICIENT LANDSCAPE WORKSHEET FOR OVERALL SITE
This worksheet is filled out by the project appliront and it is a required element of the Landscape Documentation Package Project Name: Palm Springs Downtown Park
• sweeney + associates
Project Add ress: Palm Springs " "
California
Reference Evapotranspiration (H o) 71.l In./Yr. Residential Project? No Hydrozone # Pl ant Irrigation Irrigation ETAF Landscape ETAF Estimated Total / Planting Factor Method., Efficiency (PF /IE) Area X Wate r Use Descriotion~ OEJ' (Sq. Ft.) Area (ETWU}•
Regular Landscape Areas
l. Low Water Use
Plantinas

0.10 Drip 0.81 0,13 1,868 243 10,705
l. Low Water Use
Plantinns 0.10 Overhead 0.7S 0. 14 2,33S 327 14,410

2. Moderate Water
Use Plantinns 0.40 Drip 0.81 0.50 7,600 3,800 167,512

2. Moderate Water
Use Plantinas

0.40 Overhead 0 .75 054 3,911 2,112 93,099

3. Moderate Water
Use Turf See SLA

0.60 Overhead 0.81 0.7S 0 0 0
Totals: 15,714 6,482
Sped a I landscape Areas

3. Active Turf 1.00 6,508 6,508 286,886
Totals: 6. 508 6,508
Estimated Total Water Use (ETWU) Total: 572.611
Maximum Applied Water Allowance (MAWA)•: 598,603
• Hyd rozone # / Pl anting Description ., Irrigation Method • Irrigation Efficiency E.g. Overhead Spray of 0. 75 for Spray

1.) Front lawn Drip 0.81 for Drip

2.) Low Water Use Plantin9s

3.) Medium Water Use Plantings
" ETWU (An nual Gallons Requ ired) • ITO x 0.62 x EfAF x Area Where 0.62 is a conversion factor that converts acre-inches/acre/year to gallons/square foot/year. • MAWA (Annual G'aUom Allowed)• £To x 0.62 x {(ETAF x LA) + ((l - ETAFJ x SlA)J Where 0.62 is a conversion factor that converts acre-inches/acre/year to gallons/square foot/year, LA is the total landscape area in square feet, Si.A is the total special landscape area in square feet, and ET AF is 0. 55 for residential projects and 0.45 for non-res.identia( projects.

Evapotranspiration Adjustment Factor (ETAF) Calculations This non-residen tial project complies with the WELO and its average ETAF is less than 0.45 Regular Landscape Areas
Total ~TAF x /JJea 6,482 Total Area 15,714
Avl!!ragl!! ET AF 0.41
• I
Al I Landscape Areas
Tota l ETAF x Area 12,990 Tota l Area 22,222
Avl!!ragl!! ET AF 0.58
sweene!:J + associates

IRRIGATION DESIGN ANO CONSULT I NG
•
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Murrieta, C~ ~2Sti3
~= ini<>@,we~~e1aH<>< ,<<>m 1: [\>511 • ~I-G3H.l
w, www , .,~ ~~Hu,oc.,om le !~~ll •t1-~a~o
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67$78(5(/2&$7,216,7(35(30XVHXP:\3DOP6SULQJV&$

Item 1KK - Page 35
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LIGHTING LEGEND

DESCRIPTION

EXISTING PALM TREE LIGHTING FIXTURE TO

REMAIN OR BE RELOCATED

EXISTING PALM TREE LIGHTING FIXTURE

RELOCATED TO A NEW LOCATION
EXISTING POLE LIGHTING FIXTURE WITH 3 HEADS. 1 POLE TO BE RELOCATED AND 2

POLES ARE EXISTING IN THE CITY YARD

EXISTING PEDESTRIAN POLE LIGHTING FIXTURE
13 1/4" x 18 7!8" x 161/2" DEEP PRE

CAST CONCRETE UTILITY BOX, TO

MATCH EXISTING
~-~---CONDUIT TO

ELECTRICAL ROOM

PULL BOX DETAIL
SCALE: NOT TO SCALE
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323. 785.1801
rios.com

00.24255
R7 CONSULTING

ELECTRICAL, MECHANICAL & PLUMBING
ENGINEERING+ LIGHTING DESIGN
• 373 BOUQUET CANYON DRIVE
PALM DESERT, CA 92211
n 1494 UNION STREET, STE 802
SAN DIEGO, CA 92101
• 800-637-3304
;

MARILYN MONROE
STATUE

RELOCATION
Museum Wy, Palm Springs,
CA92262

GENERAL

NOTES &

DETAILS
1 /8"= 1 '0" [WHEN PRINTED ON 3D"X42" SHEE'T]
EL 1.10
©Rios,INC
0$5,/<102152(
67$78(5(/2&$7,216,7(35(30XVHXP:\3DOP6SULQJV&$

Item 1KK - Page 36
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SITE ELECTRICAL KEYNOTES

VERIFY THE LOCATIONS OF THE RELOCATED TREES AND EXTEND

POWER TO A NEW PULL BOX ADJACTENT TO THE TREE AND
EXTEND THE EXISTING CIRCUIT TO THE PALM TREE LIGHTING FIXTURE ..

COORDINATE THE DELIVERY OF THE TWO (21 ART LIGHTING
POLES WITH 3 LIGHTING FIXTURES TO THE SITE WITH THE CITY OF PALM SPRINGS PUBLIC WORKS DEPARTMENT. THESE POLES ARE
EXISTING AND IN STORAGE.

PROVIDE A PULL BOX AT THE ART LIGHTING POLES TO INTERCEPT THE INCOMING ELECTRICAL CIRCUIT. THE ELECTRICAL CONTRACTOR SHALL PROVIDE ALL PARTS & EQUIPMENT TO INSTALL THE SPECIFIED LIGHTING FIXTURES.

INTERCEPT THE EXISTING ART POLE ELECTRICAL CIRCUIT AND
EXTEND TO THE 3 RELOCATED POLE LOCATIONS. EXISTING POLE ART LIGHTING TO BE RELOCATED TO THE NEW LOCATION. 2#10-1 #10GRN-3/4"C FROM THE EXISTING CIRCUIT LOCATION
TO THE NEW POLE LOCATION.

LIGHTING LEGEND

SYMBOL DESCRIPTION

EXISTING PALM TREE LIGHTING FIXTURE TO

REMAIN OR BE RELOCATED

EXISTING PALM TREE LIGHTING FIXTURE
RELOCATED TO A NEW LOCATION EXISTING POLE LIGHTING FIXTURE WITH 3 HEADS. 1 POLE TO BE RELOCATED AND 2

POLES ARE EXISTING IN THE CITY YARD

EXISTING PEDESTRIAN POLE LIGHTING FIXTURE
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323. 785.1801
rios.com

00.24255
R7 CONSULTING

ELECTRICAL, MECHANICAL & PLUMBING
ENGINEERING+ LIGHTING DESIGN
• 373 BOUQUET CANYON DRIVE
PALM DESERT, CA 92211
n 1-494 UNION STREET, STE 802
SAN DIEGO, CA 92101
• 800-637-330-4
;

MARILYN MONROE
STATUE

RELOCATION
Museum Wy, Palm Springs,
CA92262

ELECTRICAL &

LIGHTING PLAN
1 /8"= 1 '0" [WHEN PRINTED ON 3D"X42" SHEE'T]
EL2.10
©Rios,INC
0$5,/<102152(
67$78(5(/2&$7,216,7(35(30XVHXP:\3DOP6SULQJV&$

Item 1KK - Page 37
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1 ,_-----i o" : 1
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SITE ELECTRICAL KEYNOTES

EXISTING PALM TREE AND PALM TREE LIGHTING FIXTURE TO BE RELOCATED. REFER TO SHEET EL2. l0 FOR NEW LIGHTING FIXTURE LOCATION.

EXISTING POLE ART LIGHTING TO BE RELOCATED TO A NEW
LOCATION. REFER TO SHEET EL-2.l 0

VERIFY THE LOCATIONS OF ALL EXISTING PULL BOXES AT FIXTURE & TREES BEING REMOVED. THE PULL BOXES SHALL REMAIN IS THE

WIRING RUNS THOUGH THE PULL BOX TO MULTIPLE LOCATIONS,

REFER TO THE ARCHITECTURAL PLANS AND COORDINATE THE
TREES BEING REMOVED.

ALL RELOCATED PALM TREE LIGHTING FIXTURES SHALL BE
CLEANED AND REPAIRED PRIOR TO RE-INSTALLATION. WHEN

RE-INSTALLING THE LIGHTING FIXTURE NEW STAINLESS STEEL
HARDWARE SHALL BE FURNISHED AND USED. DO NOT REUSE
EXISTING MOUNTING HARDWARE.

LIGHTING LEGEND

SYMBOL DESCRIPTION
, -_-.,
-'i• -.\
:1, ._;) EXISTING PALM TREE LIGHTING FIXTURE TO REMAIN OR BE RELOCATED

EXISTING PALM TREE LIGHTING FIXTURE

RELOCATED TO A NEW LOCATION
EXISTING POLE LIGHTING FIXTURE WITH 3
HEADS. 1 POLE TO BE RELOCATED AND 2

POLES ARE EXISTING IN THE CITY YARD

EXISTING PEDESTRIAN POLE LIGHTING FIXTURE
3101 W EXPOSITION PLACE
LOS ANGELES, CA 90018
PH: 323.785.1800
FAX: 323. 785.1801
rios.com

00.24255
R7 CONSULTING

ELECTRICAL, MECHANICAL & PLUMBING
ENGINEERING+ LIGHTING DESIGN
• 373 BOUQUET CANYON DRIVE
PALM DESERT, CA 92211
n 1-49-4 UNION STREET, STE 802
SAN DIEGO. CA 92101
• 800-637-330-4
;

MARILYN MONROE
STATUE

RELOCATION
Museum Wy, Palm Springs,
CA92262

EXISTING ELECTRICAL &

LIGHTING

DEMO PLAN
1 /8"= 1 '0" [WHEN PRINTED ON 3D"X42" SHEE"T]
EL3.10
©Rios,INC
EXHIBIT “C”
Item 1KK - Page 38
55575.18100\33489055.1 Page - 1 - of 10

TEMPORARY ENCROACHMENT AND LICENSE AGREEMENT
(FOREVER MARILYN)
This Temporary Encroachment and License Agreement (“Agreement”) is made and entered into as of this ____ day of November, 2024, for reference purpose only, by and between the City of Palm Springs, a municipal corporation of the State of California ("City"), and PS Resorts, a California non-profit corporation ("Licensee” or “PS Resorts").

City and Licensee are sometimes individually referred to herein as "Party" and collectively as "Parties."

RECITALS
A. This Agreement relates to certain real property located at the North of Museum Way, and immediately West of Belardo Road, depicted in Exhibit “A,” attached hereto and incorporated herein by reference (“Property”) which is owned by the City of Palm Springs.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual conditions, promises and covenants hereinafter contained, the Parties agree as follows:

1.1 City Manager. The City Manager of the City of Palm Springs, or his/her designee.

1.3 Licensed Area. The area identified in Exhibit “A” to this Agreement.

1.4 Property. The real property shown in Exhibit “A” to this Agreement.

Item 1KK - Page 39
55575.18100\33489055.1 Page - 2 - of 10

1.5 Statue. The 26 foot tall sculpture of Marilyn Monroe, designed by Seward Johnson, as depicted in Exhibit “B”, attached hereto and incorporated by reference herein, as well as an in-ground pedestal (“the Statue”).

D. Licensee shall install and maintain lighting and security cameras, to the satisfaction of the City Manager. Licensee shall be solely responsible for the security of the Statue.

3.0 Term This Agreement shall become effective on the date (“Effective Date”) that it is last signed by the Parties to this Agreement. The Term of the encroachment and license authorized by Section 2 of this Agreement shall commence on the date (the “Commencement Date”) that the City approves and executes said Agreement. The Term of the encroachment and license authorized by Section 2 of this Agreement shall end on the date that is twenty-five (25) years following the Commencement Date, unless Item 1KK - Page 40
55575.18100\33489055.1 Page - 3 - of 10
otherwise terminated or extended, as set forth in this Agreement. In the event PS Resorts does not install the Statue on or before March 31, 2025, this Agreement shall automatically terminate and be of no further force or effect.

4.0 Licensee Compliance with Laws Licensee shall not maintain, commit or permit on the Licensed Area the maintenance or commission of any nuisance, as now or hereafter defined by any statutory or decisional law . Licensee, at Licensee’s sole expense, will timely obtain and comply with any license, permit, approval, consent, certificate, ruling, variance, authorization, conditional use permit, or amendment to any of the foregoing, as shall be necessary or appropriate under any law to perform any activities of Licensee required or allowed on the Property pursuant to this Agreement. Licensee covenants and agrees that in entering upon the Property, Licensee will comply with all applicable laws, including environmental laws. Licensee shall not cause or permit to be placed on the Property any Hazardous Substance.

6.0 Possessory Interest Tax
Licensee hereby acknowledges and agrees that this Agreement may create a possessory interest in the Property subject to property taxation and that Licensee may be Item 1KK - Page 41
55575.18100\33489055.1 Page - 4 - of 10
subject to payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be solely a tax liability of Licensee and shall be paid before delinquency by Licensee. In addition, Licensee shall pay before delinquency any personal property taxes that may become due for equipment, fixtures, inventory or other personal property of Licensee installed, maintained or present at or on the Property.

9.0 Condition of City’s Property
Licensee accepts the Property “as is,” “where is”, subject to all faults condition as of the Effective Date, without any type of warranty. Without limiting the foregoing, neither City nor any agent of City has made any representation or warranty whatsoever, express or implied, with regard to the physical condition of the Property or the suitability of the Property for any particular purpose or use, including, any representation or warranty regarding the applicability or non-applicability of any laws, title to the Property, the soil or subsoil, surface or subsurface conditions, topography, possible Hazardous Substance, contamination, fill, drainage, access to public roads, availability of utilities, existence of Item 1KK - Page 42
55575.18100\33489055.1 Page - 5 - of 10
underground storage tanks, applicability of or compliance with any environmental laws or any other matter of any nature whatsoever.

Item 1KK - Page 43
55575.18100\33489055.1 Page - 6 - of 10
To City: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Electronic mail: [email protected]
To Licensee: PS Resorts
Attention: Executive Director
400 E. Tahquitz Canyon Way
Palm Springs, California 92262
Electronic mail: [email protected]

15.0 Default; Remedies; Termination

Item 1KK - Page 44
55575.18100\33489055.1 Page - 7 - of 10

15.5 Termination for Safety Issue In the event of an emergency, including, without limitation, any damage or hazard created by the Statue or the activities permitted by this Agreement, the City may terminate this Agreement upon such written notice as is reasonable under the circumstances.

15.6 Removal of Statue. Upon termination, Licensee shall remove the Statue from the Right of Way and level the area in a clean and safe manner in accordance with the provisions of Section 7.0 of this Agreement and to the satisfaction of the City Manager.

Item 1KK - Page 45
55575.18100\33489055.1 Page - 8 - of 10

23.0 Corporate Authority
Item 1KK - Page 46
55575.18100\33489055.1 Page - 9 - of 10
Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

City Manager

Dated: ___________________________ Dated:

By:
_______________________________
Shannon Anderson
Secretary
ATTEST:

By: __________________________
Anthony Mejia
City Clerk

APPROVED AS TO FORM:

By: __________________________
Jeff Ballinger
City Attorney
Item 1KK - Page 47
55575.18100\33489055.1 Exhibit A
EXHIBIT “A”

MAP OF PROPERTY

AND LICENSED AREA
Item 1KK - Page 48
.... -'-~-_ __. 1 .• ,
55575.18100\33489055.1 Exhibit B
EXHIBIT “B”
STATUE
Item 1KK - Page 49
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55575.18100\33489055.1 Exhibit C- 1 -
EXHIBIT “C”

INSURANCE REQUIREMENTS

Item 1KK - Page 50
55575.18100\33489055.1 Exhibit C- 2 -

3. Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Licensee pursuant to this Agreement:

Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

3.6 Licensee agrees to ensure that any other parties involved with the encroachment who are brought onto or involved in the encroachment by Licensee (including, without limitation, any contractor or subcontractor), provide the same minimum insurance coverage required of Licensee. Licensee agrees to monitor and review all such Item 1KK - Page 51
55575.18100\33489055.1 Exhibit C- 3 -
coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Licensee agrees that upon request, all agreements with contractors or subcontractors and others engaged in the encroachment will be submitted to the City for review.

5. Verification of Coverage. Licensee 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 Item 1KK - Page 52
55575.18100\33489055.1 Exhibit C- 4 -
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 on the placement of the Statue. City reserves the right to require Licensee’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Workers’ Compensation policies.

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.

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

Item 1KK - Page 53

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 5 TO THE POST-CONSTRUCTION SERVICES AGREEMENT WITH ENGIE SERVICES U.S., INC., RELATED TO THE OPERATION AND MAINTENANCE OF THE MUNICIPAL COGENERATION PLANT FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:

This item will amend the Post-Construction Services Agreement (No. A8470) with ENGIE Services U.S., Inc., a Delaware corporation, (“ENGIE”) under which ENGIE provides maintenance and operation supervision and monitoring services for the Building Automated System (BAS) controls related to the City’s Municipal Co-Generation Plant located at City Hall and the Sunrise Central Chiller located in Sunrise Plaza. Amendment No. 5 will allow ENGIE to perform a decoke (removal of carbon or scale) of the engine located at the Municipal Plant. The decoking will clean the engine internal components due to the low natural gas quality and help prepare the engine for the required annual Relative Accuracy Test Audit (RATA) testing. It adds $39,206 to the contract, for a revised contract amount not to exceed $3,359,411.94.

RECOMMENDATION:

1. Approve Amendment No. 5 (Attachment A) to Post-Construction Services Agreement (A8470) with ENGIE Services U.S., Inc., a Delaware corporation, for an addition of $39,206, for a revised contract amount not to exceed $3,359,411.94; during the initial term from April 1, 2020, through March 31, 2025; and

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

BUSINESS PRINCIPAL DISCLOSURE:

ENGIE Services U.S., Inc., is a Delaware corporation; a copy of their business disclosure form is included as Attachment B.

Item 1L - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Amendment No. 5 to Operations and Maintenance Agreement with ENGIE Services U.S., Inc.

BACKGROUND:

The City of Palm Springs owns and operates two municipal plants. The first is referred to as the Municipal Co-Generation Plant and provides electricity, heat, and cooling for City Hall, the Police Department, the Airport, Fire Station No. 2, the CVEP building, and the City’s corporate yard. The second plant is a chiller plant that serves the facilities at Sunrise Plaza including the Swim Center, the Library, the Pavilion, and the Leisure Center.

On January 30, 2020, the City entered into an agreement with ENGIE Services U.S., Inc. entitled “Post-Construction Services Agreement.”, which requires that ENGIE operate and maintain the City’s Municipal Co-Generation Plant located at City Hall, assuming all risk for any mechanical repairs, warranty services, AQMD violations, etc. ENGIE also assumed certain vendor contracts to ensure that warranties are maintained on the powergenerating engine and related equipment. The term of that contract is five years with two five-year options to extend, for a contract amount not to exceed $2,748,861.94. A copy of the Post-Construction Agreement is included as Attachment C.

Amendment No. 1 (Attachment D), approved by City Council on June 24, 2021, added services to replace an existing contract with Regatta Solutions for annual and quarterly monitoring service for the Thermax Multi-Energy Vapor Absorption Chiller, and Sunbelt Controls for maintenance and support of BAS controls and monitoring, for an additional $209,045, for a revised contract amount not to exceed $2,957,906.94.

Amendment No. 2 (Attachment E), approved by City Council on December 14, 2023, provided for turnkey Building Automation System retrofit, replacing the existing Honeywell Spyder system to allow remote monitoring, trouble shooting, and adjustment of controls for the Palm Springs Animal Shelter, bringing it into the enterprise Schneider Electric EcoStruxure Building Automation System (BAS) that currently services other City-owned facilities. It will also replace and upgrade the non-functioning carbon monoxide monitoring and control system at the Belardo parking structure, for an additional amount of $287,345.00, for a revised contract amount not to exceed $3,245,251.94.

Amendment No. 3 (Attachment F), entered into on April 25, 2024, to add $61,895 for modifications necessary to complete the retrofit at the Palm Springs Animal Shelter such as replacement of defective devises, and for air balancing including 50 VAV boxes, 7 AC units, all supply and exhaust diffusers, and generation of NEBB Certified air balance report, for a Maximum Contract Amount not to exceed $3,307,146.94.

Amendment No. 4 (Attachment G), entered into on July 22, 2024, to add $13,059 to deploy the Coppertree Subscription at our facility, to assist technicians in tracking and understanding the operations and performance of the mechanical systems, for a revised Maximum Contract Amount not to exceed $3,320,205.94.

Item 1L - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Amendment No. 5 to Operations and Maintenance Agreement with ENGIE Services U.S., Inc.

STAFF ANALYSIS:

This item Amendment No. 5 will allow ENGIE to perform a decoke of the engine located at the Municipal Plant. The decoking will clean the engine internal components due to the low natural gas quality. This process will help prepare the engine for the required annual Relative Accuracy Test Audits (RATA) testing, as required by South Coast Air Quality Management District, for an addition of $39,206, for a revised contract amount not to exceed $3,359,411.94.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b) 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:

This project aligns with City Council Priority 2A – Improve City Facilities.

FISCAL IMPACT:

Sufficient funding is allocated in account 5206570-50115 in the Public Works Department budget.

REVIEWED BY:

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. Amendment No. 5
B. Business Disclosure
C. Post-Construction Services Agreement 8470
D. Amendment No. 1
E. Amendment No. 2
F. Amendment No. 3
G. Amendment No. 4
Item 1L - Page 3

ATTACHMENT A

Item 1L - Page 4
AMENDMENT NO. 5 TO POST-CONTRACT SERVICES AGREEMENT NO. A8470

BETWEEN THE CITY OF PALM SPRINGS AND
ENGIE U.S. SERVICES, INC.

This Amendment No. 5 to the Contract Services Agreement (A8470), (“Amendment No. 5”), is made and entered into this 21st day of November 2024, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and ENGIE Services U.S. Inc., a Delaware corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City owns and operates certain Facilities, including a Municipal Plant consisting of a co-generation engine and chiller system providing power and heating/cooling to various municipal buildings including the Airport, City Hall, County Building (CVEP), Corporate Yard, Fire Station No. 2, and the Police Department and Training Center, (the “Municipal Plant”).

B. On January 30, 2020, the City Council approved A8470, to operate as a PostConstruction Monitoring, Operation and Maintenance Agreement for the Municipal Plant, for a Maximum Contract Amount not to exceed $2,748,861.94 for an initial term commencing on April 1, 2020, continuing through March 31, 2025.

C. On June 24, 2021, City Council approved Amendment No. 1 to amend A8470 to add $209,045 to provide maintenance and operation supervision, and monitoring services for the Building Automated System controls related to the City’s Municipal Plant and Sunrise Central Chiller, for a maximum contract amount not to exceed $2,957,906.94.

D. On December 14, 2023, City Council approved Amendment No. 2 to amend A8470 to add $287,345 for building automation control services to retrofit the existing Honeywell Spyder Control System with the Schneider Electric EcoStruxture Direct Digital Control System at the Palm Springs Animal Shelter, and to replace and upgrade the legacy Honeywell Carbon Monoxide monitoring and control system at the downtown parking garage, for a revised Maximum Contract Amount not to exceed $3,245,251.94.

E. On April 25, 2024, Parties entered into Amendment No. 3 to add $61,895 for modifications necessary to complete the retrofit at the Palm Springs Animal Shelter such as replacement of defective devises, and for air balancing including 50 VAV boxes, 7 AC units, all supply and exhaust diffusers, and generation of NEBB Certified air balance report, for a Maximum Contract Amount not to exceed $3,307,146.94.

Item 1L - Page 5
F. On July 22, 2024, Parties entered into Amendment No. 4 to add $13,059 to deploy the Coppertree Subscription at our facility, to assist technicians track and understand the operations and performance of the mechanical systems, for a revised Maximum Contract Amount not to exceed $3,320,205.94.

G. City desires to amend A8470 to add $39,206 to perform a de-coke of the engine located at the Municipal Plant. The decoking will clean the engine internal components due to the low natural gas quality. This process will help prepare the engine for the annual RATA testing for a revised Maximum Contract Amount not to exceed $3,359,411.94 during the initial term commencing on April 1, 2020, continuing through March 31, 2025.

H. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT
SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this Amendment No. 5.

SECTION 2. 2.01 Maximum Contract Amount. Is hereby replaced in its entirety as follows:
“2.01 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with Section 2.02,

2.10, and 2.11. Compensation for required services (inclusive of any optional services pursuant to Section 2.04 shall not exceed the maximum contract amount of $3,359,411.94 (the “Maximum Contract Amount”). The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the scope of services identified in ARTICLE 3 may be more costly and/or time-consuming than Contractor anticipates, and the Contractor shall not be entitled to additional compensation for required (and not optional) services set forth in ARTICLE 3. The maximum amount of the City’s payment obligation under this Section 2.01 is the amount specified in this Agreement. If the City’s maximum payment obligation is reached before the Contractor’s services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount, in addition to compensation for any optional services pursuant to Section 2.04.” Item 1L - Page 6
SECTION 3. 3.02 (c) Cogeneration Engine Operation & Maintenance Is hereby amended to include performing an annual de-coke of the engine located at the Municipal Plant. The decoking will clean the engine internal components due to the low natural gas quality. This process will help prepare the engine for the annual RATA testing, as outlined in Contractors proposal included as Attachment A.

SECTION 4. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A8470, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 5 and any provision of the Contract Services Agreement A8470, the provisions of this Amendment No. 5 shall in all respects govern and control.

SECTION 5. The persons executing this Amendment No. 5 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said party, (iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Amendment No. 5, and (iv) the entering into this Amendment No. 5 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 5, all terms and provisions of Agreement No. A8470 remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
Item 1L - Page 7
SIGNATURE PAGE TO AMENDMENT NO. 5 (A8470) BY AND BETWEEN THE CITY OF PALM SPRINGS AND ENGIE SERVICES U.S. 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: _11/21/24______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

Department Director
By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1L - Page 8

ATTACHMENT A

Item 1L - Page 9
Item 1L - Page 10
Engie Services U.S., Inc. 500 12"' Street, Suite 300
Oakland CA 94607
October 23, 2024
David McAbee
Direcror of Public Works
City of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
760-323-8170 office
760-322-5581 fax
RE: Engine Decoke 2024
Dear Mr. McAbee
eNGie
The following proposal is to perform a de-coke of the engine located at the Muni Plant . The decoking will clean the engine internal components due to t he low natural ga~ quality. This process will help prepare t he engine for t he annual RATA testing.

Please review the below details, and other pertinent terms and conditions and let me know if you have any additional questions.

ThanK you for the opportunity!
Director, Reporting & OptimiZation
M. 714.482.5182
[email protected]
Item 1L - Page 11
eNGie
Scope of Work:

Engie Services U.S will perform a turnkey project; we will provide the following services and items:
• Drain coolant.
• Remove the exhaust insulation and manifold.
• Remove water manifold.
• Remove valve covers and valve bridges.
• Remove cylinder heads.
• Inspect each combustion chambers for liner scoring and piston damage. • Cover all openings to avoid contamination to the internal components. • Use a non-metal abrasive to clean the top of the piston heads and cylinder head bottoms. • Change the lubricant oil (customer provided).
• Replace the scraper rings.
• Replace the head gasket.
• Inspect, adjust and record data for Intake and exhaust valve to valve lifter clearances • Clean work area.

Exclusions:

This proposal includes the scope of supply as in only section (Scope of Work). All additional work, if any, has not been considered and is excluded from this proposal.

Item 1L - Page 12
eNGie
Cost Estimate:
$39,206.00 (indueles an applicable taJCes)
Payment to ENGIE Services U.S., Inc. is not contingent on Customer's receipt of any insurance proceeds and will be invoiced by ENGIE Services U.S. Inc. to Customer in a lump sum upon the completion of the work under this Agreement. Payment Clue NET 30 upon receipt of invoice.

ATTACHMENT B

Item 1L - Page 13
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Item 1L - Page 14
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

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

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

Georgia Worley, Sr. Controller
Item 1L - Page 15
ENGIE Services U.S. Inc.

Directors:

Courtney Jenkins
David Carroll
Jean-Francois Chartrain
Officers:

Jean-Francois Chartrain CEO and President
Sarah Pearce CFO, Treasurer, and Secretary
Courtney Jenkins Vice President, General Manager
Alekso Stankoski Vice President
Derron Gunderman Assistant Secretary
State Specific:

Edward Meinking Vice President of Engineering in Alabama Edward Meinking Vice President of Florida Opera�ons
Bryan Davis Vice President of Engineering in Ohio
Bryan Davis Managing Agent in Illinois
Harbhajan Sidhu Senior Engineering Officer (California) Neil Craig Senior Engineering Officer (Kansas)
Item 1L - Page 16

ATTACHMENT C

Item 1L - Page 17
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 18
Post Construction Services Agreement
City of Palm Springs and ENGIE Services U.S.

ENGIE Services Project# ___ _
ENGIE Services Contract# R3464

POST-CONSTRUCTION SERVICES AGREEMENT
This POST-CONSTRUCTION SERVICES AGREEMENT (this "Agreement") is made and entered into as of January 30, 2020 by and between ENGIE Services U.S. Inc., a Delaware corporation with California State Contractor's License Number 995037 ("Contractor"), and the City of Palm Springs, a California charter city and municipal corporation, ("Q!Y"). City and Contractor are sometimes hereinafter collectively referred to as the EParties" and individually as a "f.filrl" .

RECITALS
WHEREAS, City owns and operates certain Facilities, including a Municipal Plant consisting of a co-generation engine and chiller system providing power and heating/cooling to various municipal buildings including the Airport, City Hall, County Building (CVEP), Corporate Yard, Fire Station No. 2, and the Police Department & Training Center, (the "Municipal Plant"); WHEREAS, City previously entered into that certain Energy Services Contract with Chevron Energy Sdlutions Company, a Division of Chevron U.S.A., Inc., a Pennsylvania corporation, (hereinafter "CES"), dated July 29, 2013, (hereinafter the "Energy Services Contract"); WHEREAS, in September 2014 CES was acquired by Oaktree Capital Management, and merged into its renewable energy services company, Op Terra Energy Group, to be managed as OpTerra Energy Services; WHEREAS, in February 2016, OpTerra Energy Services was acquired by ENGIE Group, to be managed as ENGIE Services U.S., Inc.; WHEREAS, pursuant to Article 25 of the Energy Services Contract, ENGIE Services U.S. is the legal successor to CES, and is a Party to the Energy Services Contract; WHEREAS, pursuant to the terms and conditions of the Energy Services Contract, ENGIE Services U.S. predecessor CES was obligated to design, construct, and commission certain Energy Conservations Measures ("ECMs'), to generate certain Energy Conservation Savings ("EC Savings") sufficient to pay the total debt service incurred by City in financing (through issuance of a bond) the original contract amount of $17,507,842 of the Energy Services Contract; WHEREAS, Attachment "G" of the Energy Services Contract incorporated a "Savings Measurement & Verification Plan" identifying the EC Savings associated with the various ECMs to be completed by CES, including ECMs related to the Municipal Plant; WHEREAS, pursuant to the terms and conditions of the Energy Services Contract, as a condition of receiving guaranteed EC Savings, the City agreed to retain CES for a post-construction measurement and verification term of five (5) years, more fully described and identified on Attachment "G" of the Energy Services Contract, inclusive of ECS providing an Energy Resource Manager to the City, at an annual cost of $144,700 for the first year following final completion of the ECMs, escalating to an annual cost of $163,300 for the fifth year following completion of the ECMs; WHEREAS, pursuant to the terms and conditions of the Energy Services Contract, CES was required to develop a Project Schedule for the design, construction and commissioning of the ECMs, and was obligated to achieve Substantial Completion of the Work by no later than thirty (30) months following the City's issuance of a Notice to Proceed; WHEREAS, on August 1, 2013, the City issued CES its Notice to Proceed; WHEREAS, pursuant to the terms and conditions of the Energy Services Contract, CES and its successors were required to achieve Substantial Completion on or before February 1, 2016; WHEREAS, following start up and testing of the Municipal Plant it was discovered that the Municipal Plant was not fully compliant with air quality emissions standards identified in the permits obtained by CES on behalf of the City and issued by South Coast Air Quality Management District ("SCAQMD") for the Municipal Plant (the "SCAQMD Permits"); DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 19
WHEREAS, on behalf of the City, CES and its successors evaluated modifications to the Municipal Plant necessary to conform to requirements stipulated in the SCAQMD Permits; WHEREAS, ENGIE Services U.S. and its predecessors-in-interest, at their sole cost, have continued to evaluate, design, and construct certain modifications to the Municipal Plant, from approximately June 2016 to the present date, (hereinafter the "Extended Commissioning Period"), and have, at their sole cost, paid for certain repairs and maintenance related to the Municipal Plant during the Extended Commissioning Period, all in an effort to demonstrate compliance with the SCAQMD Permits; WHEREAS, during the Extended Commissioning Period, ENGIE Services U.S. has successfully demonstrated compliance with the SCAQMD Permits, and the City prefers to retain ENGIE Services U.S. for post-construction services at the Municipal Plant to ensure its compliance with the SCAQMD Permits; WHEREAS, ENGIE Services U.S. is a full-service energy services company with the technical capabilities to provide services to the City including, but not limited to, post-construction services for the Municipal Plant; WHEREAS, ENGIE Services U.S. has agreed to provide the City with the post-construction measurement and verification services, more fully described and identified on Attachment "G" of the Energy Services Contract, on the terms and subject to the conditions of this Agreement; and WHEREAS, pursuant to the terms and conditions of this Agreement, the Parties intend for this Agreement to operate as a Post-Construction Monitoring, Operation and Maintenance Agreement to supersede and terminate the Energy Services Contract as set forth herein.

NOW, THEREFORE, the City and Contractor hereby agree as follows:

ARTICLE 1. DEFINITIONS
For purposes of this Agreement and its Attachments, the defined terms herein shall have the meaning set forth as follows:
"Accumulated Savings" means, as of any date of determination, the cumulative total of Excess Savings. "Actual Energy Rate~ means, for any Measurement Period, utility rates calculated by Contractor using actual utility billing information supp!ied by the City for that Measurement Period. "Agreement" is defined in the Preamble and includes all Attachments hereto (all of which are incorporated herein), as well as all amendments, restatements, supplements and other modifications hereto. "Applicable Law" means any statute, law, treaty, building codes, rule, regulation, ordinance, code, enactment, injunction, writ, order, decision, authorizat"on, judgment. decree, protocol, procedure or other legal or regulatory determination or restriction by a court or Governmental Authority or competent jurisdiction, as may be in effect at the time the Monitoring Services are undertaken. "Applicable Permits" means alf permits, waivers, authorizations, or ltcenses issued or required to be issued by any Governmental Authority in connection with the Monitoring Services. "Assessment Work" means work required to assess the effect on EC Savings for any significant changes to the Facilities (including, but not limited to, buildlng additions, new bulldlngs, and new or changed HVAC equipment). "Base Energy Rate" means the dollars per energy unit for each building and/or each ECM, set forth in the Savings Measurement and Verification Plan and used by Contractor to calculate the EC Savings. "Baseline~ means the energy use established by Contractor from time to time (and accepted by the City Manager, which acceptance shall not unreasonably be withheld) for each building in the Facilities, taking into consideration Energy Use Factors for such buildings. "Beneficial Use· means when major new equipment and systems included in the Scope of Work of the Energy Savings Contract are properly installed, inspected, operational, and are being used for their intended purpose. "Business Day'' means any calendar day other than a Friday, Saturday, a Sunday or a calendar day which the City recognizes as a public holiday.
"Certificate of Final Completion" means the certificate issued by Contractor to City pursuant to the Energy Services Contract, including the certification by the Parties that Contractor and City have inspected the Work and the Work is complete. "City" is defined in the Preamble.

DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 20
"Construction Period" means the period beginning with the first day of the month in which equipment is first installed at the Facilities under the Energy Services Contract and continuing until the Post-Construction Services Commencement Date. "Dispute" is defined in ARTICLE 1414.
"EC Savings" means the savings in units of dollars ($) calculated by Contractor in the manner set forth in the Savings Measurement and Verification Plan, achieved through the reduction in consumption or demand through implementation of the Work. "EMS" means an energy management system.
"Energy Delivery Point" means, for each Generating Facility, the point at which Utility meter energy is being delivered, as designated in the Interconnection Agreement. "Energy Rate Factors" means factors identified by Contractor (and accepted by the City Manager, which acceptance shall not be unreasonably withheld) which may affect utility rates from the local utility companies. "Energy Savings Report" is defined in Section 4.04.
"Energy Savings Term" means the period beginning on the first day of the Construction Period and ending on the earlier of: (i) the day immediately preceding the fifth (5th) anniversary of the Post-Construction Services Commencement Date (unless extended pursuant to Section 4.01 (a)); (ii) the termination of this Agreement; (iii) the termination by City of the Savings Guarantee in accordance with Section 4.07; or (iv) the failure by the City to pay the M&V and Support Services Fee in accordance with Section 2.02. "Energy Services Contract" means the agreement made and entered into on 29 July 2013, by and between Chevron Energy Solutions Company, as predecessor-in-interest to ENGIE Services U.S. and the City of Palm Springs. "Energy Unit Savings" means the savings in units of energy, power, water, etc., calculated by Contractor in the manner set forth in the Savings Measurement and Verification Plan, achieved through the reduction in consumption or demand through implementation of the Work.
"Energy Use Factors" means factors identified by Contractor (and accepted by the City Manager, which acceptance shall not unreasonably be withheld) which may affect the Baselines or energy use for the Facilities, including but not limited to: hours and levels of occupancy; adjustments in labor force; building use and operational procedures: temperature, humidification, and ventilation levels; installed lighting and scheduled use; building construction and size; general level of repair and efficiency of heating and air conditioning equipment and other energy-using equipment; and amount of heating and air conditioning and other energy-using equipment. "Energy Use Savings" means, for any Measurement Period, those savings, having units of dollars($), achieved for such Measurement Period through reductions in energy use, energy demand, water use, and the use of other commodities. "ENGIE Services U.S." is defined in the Preamble.
"Excess Savings" means the excess of EC Savings over Guaranteed Savings, calculated in the manner set forth in Section 4.08(d). "Facilities or Facility" means one or more of the City-owned facilities described in ATTACHMENT A. "Final Completion" means when 100% of the engineering and construction Work as identified in the Scope of Work of the original Energy Services Contract has been completed by Contractor and accepted by the City Manager, including completion of all required training, and delivery to the City of the final documentation (as-built drawings, O&M Manuals and warranty documentation). "Generating Facility" means the cogeneration facility located at Municipal Plant and includes all associated equipment that may be necessary to connect such facility to the applicable Energy Delivery Point. "Governmental Authority" means any federal, state, regional, town, county, city, municipal or local government agency, department or regulatory body having jurisdiction under Applicable Law over the matter in question. "Guarantee Payment" means, for any Measurement Period, either: (i) a cash payment by Contractor to the City in an amount equal to the Guarantee Shortfall for that Measurement Period pursuant to Section 4.01(b); or (ii) additional energy services or energy saving retrofits requested by the City with an agreed value equal to the Guarantee Shortfall for that Measurement Period pursuant to Section 4.01 (c). "Guarantee Shortfall" means an amount calculated in accordance with Section 4.09. "Guaranteed Savings" means, for any Measurement Period, the dollar amount set forth below for such Measurement Period, as the same may be adjusted from time to time by Contractor (and accepted by the City DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 21
Manager, which acceptance shall not unreasonably be withheld) for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline:

Measurement Period Guaranteed Savings
1 $4,239,455
2 $5,157,944 (if extension option exercised)
"Interest" shall mean interest calculated at the lesser of (i) the prime rate plus two percent (2%) or (ii) the maximum rate permitted by Applicable Law. The "prime rate" shall be "Prime Rate• of interest per annum for domestic banks as published in The Wall Street Journal in the "Money Rates" section, or if such rate ceases to be published in The Wall Street Journal or The Wall Street Journal ceases publication, such other rate as agreed by the Parties. "IPMVP" means the International Performance Measurement and Verification Protocol prepared by Efficiency Valuation Organization. "Measurement Period" means each five-year period following the Post-Construction Services Commencement Date.
"M&V and Support Services" means the measurement and verification and support services to be performed by Contractor in accordance with the terms and subject to the conditions of this Agreement. "M&V and Support Services Fee Credit" means a credit available to City in an amount equivalent to the first three (3) years of the first Measurement Period, consisting of the first annual fee otherwise payable of Six Hundred Seventy-Five Thousand Seven Hundred Dollars ($675,700.00), plus the second annual fee otherwise payable of Six Hundred Ninety-Five Thousand Nine Hundred Seventy-One Dollars ($695,971.00), plus the third annual fee otherwise payable of Seven Hundred Sixteen Thousand Eight Hundred Fifty Dollars and Thirteen Cents ($716,850.13), for the total amount of Two Million Eighty-Eight Thousand Five Hundred Twenty-One Dollars and Thirteen Cents ($2,088,521.13). "M&V and Support Services Fee" means an annual fee payable in advance in quarterly installments by City to Contractor The annual fee for the first (1 61) year of the first (1 st) Measurement Period shall be Six Hundred Seventy- Five Thousand Seven Hundred Dollars ($675,700.00), and the quarterly installment for the first (1 st) year of the first (1 81) Measurement Period shall be One Hundred Sixty-Elght Thousand Nine Hundred Twenty-Five Dollars ($168,925.00). The M&V and Support Services Fee shaa be increased annually thereafter at a rate of three percent (3%) per annum, each increase to be effective on the first day of each subsequent year of the Measurement Period. The M&V and Support Services Fee for the first three (3) years of the first (1~1) Measurement Period shall be waived. "Party" and "Parties~ are defined in the Preamble.
"Post-Construction Services Commencement Date" means the first day of the month immediately following the late,· of (i) the full execution of this Agreement, and (ii) the execution of the Certificate of Final Completion by both Parties. ~Project Location· means that area or areas where the Work was completed for the Energy Services Contract. ~Retainage" means the Retainage (as defined •n the Energy Services Contract) previously withheld by the City from payments made to predecessors-in-interest of Contractor in the amount of Nine Hundred Thirty-One Thousand Two Hundred Forty-Five Dollars and Forty-Nine Cents ($931,245.49). "Savings Measurement and Verification Plan~ means the methodologies and calculations set forth in ARTICLE 4. which provides for the quantificat on of Energy Unit Savings. "SCAQMD" means South Coast
Air Qua~ty Management District.
~stipulated Non-Energy Savings" means. for any Measurement Period, those savings, having units of dollars ($), achieved for such Measurement Period through reductions in non-energy costs due to the implementation of the Work. Stipulated Non.Energy Savings shall be stipulated by the Parties and set forth in the Savings Measurement and Verification Plan.
asubstantlal Completion" means the stage in the progress of the Work or portion of the Work, where the Work or portion of the Work is sufficiently complete ln accordance with tht-s Contract so that City can utilize and take beneficial use of the Work for its intended use or purpose. "Term" is defined in Section 2.07.
"Work· means the work completed by Contractor pursuant to the Scope of Work of the original Energy Services Contract. subject to any Change Orders, and includes all design and engineering work and construction work.

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ARTICLE 2. COMPENSATION; TERM
Section 2.01 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with Section 2.02. Compensation for required services (excluding any optional services pursuant to Section 2.04) shall not exceed the maximum annual contract amount of Six Hundred Seventy Five Thousand Seven Hundred Dollars, ($675,700) (the "Maximum Contract Amount") with an annual escalation of three percent (3%), except as may be provided under Section 2.04. The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the scope of services identified in ARTICLE 3 may be more costly and/or time-consuming than Contractor anticipates, and that Contractor shall not be entitled to additional compensation for required (and not optional) services set forth in ARTICLE 3. The maximum amount of city's payment obligation under this Section 2.01 is the amount specified in this Agreement. If the City's maximum payment obligation is reached before the Contractor's services under this Agreement are completed, Contractor shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount, in addition to compensation for any optional services pursuant to Section 2.04.

Section 2.02 M&V and Support Services Fee Invoicing and Payment. The M&V and Support Services Fee for the first three (3) years of the first (1 61) Measurement Period shall be waived in an amount equivalent to the M&V and Support Services Fee Credit, and the M&V and Support Services shall be provided by Contractor at no charge to City for such Measurement Periods. Commencing with the fourth (4th) year of the first (1 11) Measurement Period, the applicable M&V and Support Services Fee of Seven Hundred Thirty-Eight Thousand Three Hundred Fifty-Five Dollars and Sixty-Three Cents ($738,355.63) shall become due and payable, and Contractor shall invoice City for the quarterly installment of the applicable M&V and Support Services Fee in a lump sum on the first day of each quarter of the fourth (4111) year of the first (1'1) Measurement Period. Commencing with the fifth (51h) year of the first (1'1) Measurement Period, the applicable M&V and Support Services Fee of Seven Hundred Sixty Thousand Five Hundred Six Dollars and Thirty Cents ($760,506.30) shall become due and payable, and Contractor shall invoice City for the quarterly installment of the applicable M&V and Support Services Fee in a lump sum on the first day of each quarter of the fifth (Sill) year of the first (1'1) Measurement Period. City shall pay Contractor such quarterly installment of the applicable M&V and Support Services Fee, without any retention amount withheld, within forty-five (45) calendar days after its receipt of the corresponding invoice. A failure to timely approve and pay an invoice hereunder shall be a material default by City under this Agreement, unless the City gives Contractor prior written notice of its intent to terminate the Agreement in accordance with the provisions herein.

Section 2.03 Retalnage Invoicing and Payment. Upon execution of this Agreement, Contractor shall invoice City the Retainage which w~I be paid by City within forty-five (45) calendar days after its receipt.

Section 2.04 Optional Additional Services Fee Invoicing and Payment. If during the Term of this Agreement the City requires Optional Additional Services pursuant to Section 3.02(c), City shall be responsible for payment of the direct costs associated with the Optional Additional Services, and Contractor shall be entitled to additional compensation. Given the emergency nature anticipated with the occurrence of an event requiring the City's need for Optional Additional Services pursuant to Section 3.02(c), the Parties hereby agree that an initial authorization of compensation shall not exceed Twenty-Five Thousand Dollars ($25,000.00) for any such event without the prior written approval of the City Manager. Contractor will endeavor to provide City with an estimated cost of Optional Additional Services at the time requested by the City, followed by an itemized invoice accounting for all direct costs incurred by Contractor associated with the Optional Additional Services. City shall have an opportunity to review and approve the final itemfzed accounting of Optional Additional Services, whose approval shall not be unreasonable withhetd, and will pay Contractor within forty-five (45) calendar days after its approval. The total maximum annual amount authorized for Optional Additional Services shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00), unless otherwise app.roved by the City Council.

Section 2.05 Assessment Work Fee Invoicing and Payment. If during the Term of this Agreement the City provides written approval for performance of either required or optional Assessment Work pursuant to Section

4.02(f), City shall be responsible for payment of the direct costs associated with the Assessment Work, and Contractor shall be entitled to additional compensation as identified in the fee schedule included with the detailed written proposal for the Assessment Work provided by Contractor and approved by City. Upon commencement of Assessment Work to be performed by Contractor following City's written approval therefore, Contractor shall submit to the City for its review a monthly progress payment for Assessment Work services completed in the preceding month, and will pay Contractor each monthly progress payment within forty-five (45) calendar days after its approval.

Section 2.06 Interest.. Any amount not paid when due shall, from and after the due date, bear Interest.

Accrued and unpaid Interest on past due amounts (including Interest on past due Interest) shall be due and payable upon demand. The M&V and Support Services Fee is not refundable for any reason, unless the City gives Contractor prior written notice of its intent to terminate the Agreement in accordance with the provisions herein.

Section 2.07 Term. Unless earlier terminated under this Agreement, this Agreement shall continue in full DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 23
force and effect for a period of five (5) years commencing on the Post-Construction Services Commencement Date (the "Term"). At the sole discretion of the City, the Term may be extended for a period of five (5) years, (the "First Extension") by City providing written notice of its intention to exercise the First Extension to Contractor no later than One Hundred Eighty (180) days prior to the end of the Term. By mutual agreement of the Parties, the Term may be extended for a second period of five (5) years, (the "Second Extension"), by City providing wrUten notice of its desire to exercise the Second Extension to Contractor no later than One Hundred Eighty (180) days prior to the end of the First Extension, and Contractor agreeing in writing to the Second Extension.

Section 2.08 Termination Prior to Expiration of Tenn. Following commencement of the fourth (4tti) year of the first (1'1) Measurement Period, City may terminate this Agreement for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice. 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 such notice, City shall pay Contractor for services performed through the date of termination. Upon receipt of such notice, Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by written authorization of the City Manager. After such notice, Contractor shall have no further claims against the City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the City an invoice for work and services performed prior to the date of termination. In no case will the Contractor be obligated to honor the Guaranteed Savings for partially completed Measurement Periods.

Section 2.09 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

ARTICLE 3. POST-CONSTRUCTION SUPPORT SERVICES
Section 3.01 Energy Resource Manager. Contractor shall at its sole cost and expense employ or retain by sub-contract, and provide to City in accordance with this ARTICLE 3, an Energy Resource Manager (ERM) to provide professional services to City and its on-site cogeneration technicians and other staff, who will work in conjunction with Contractor's Energy Management Group to ensure that the Facilities are operating properly, and that the Energy Use Savings are realized. The ERM will focus on ensuring that equipment is turned off when not needed and will work with the City to investigate and resolve heating and cooling problems.

In addition, the ERM will have the time, opportunity, and in-depth knowledge of the Facilities that will facilitate ongoing recommendation for energy savings opportunities.

The ERM for this project wifl have the following duties and responslbilities:
(a) Municipal Cogeneration and Sunrise Central Plants
• Review, implement, and adjust controt strategies of the plant on a monthly basis. • On a weekly basis. monitor and ana yze the performance of the equipment Including cogeneration engines, chillers, and other balance of ptant equipment for optimization of operating sequences for energy savings.
• Assist the City in coordinating and managing system maintenance, storage of spare parts, and proper site safety procedures and programs.
• Troubleshoot and assess unplanned outages.
• Manage the maintenance contract at Municipal Central Plant to ensure proper and timely maintenance is being performed. (b) Energy Management System
• Schedule all applicable city buildings on a weekly basis; review temperatures settings, digital inputs, weekly schedules, holiday and day'l'ight savtngs time changes. • Provide response and support for alarms that are reported by the system. • Assist the City with system re-commissioning, software patches, software version upgrades, and workstation support on an annual basis. (c) Water Irrigation Control System
• Spot check, review, imptement, and adjust control strategies of the irrigation control on a monthly basis. • Notify City of any alarms or manual overrides.
(d) During the Term of this Agreement, the ERM will be employed by Contractor full-time and furnished to the City 40 hours per week with the exception of holklays and Paid Time Off. A minimum of 20 hours per week to be physically onsite.

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Section 3.02 Coaeneratlon Operations Support Services.
(a) Cogeneration Engine Continuous Monitoring. During the Term of this Agreement, Contractor shall provide continuous real-time monitoring and management of the cogeneration engine and its associated equipment at the Municipal Plant with a 2417/365 remote support staff available to provide technical support to the City's on- site cogeneration technicians and other staff during the City's normal business hours, ensuring the reliability and efficiency of the Municipal Plant. Alarming points to be continuously monitored include the fo Uowlng:
• Continuous Emissions Control System (GEMS) (NOx and CO, voe emissions levels, Ammonia (NH3) slip) • Low jacket water pressure
• High jacket water pressure
• High charge temp (max)
• High engine oil temp
• Low engine oil pressure
• Malfunction of engine cooling water pump
• Engine vibration
• PHWP1 high temp loop failure
• PHWP1 low temp loop failure
• PHWP2 high temp loop failure
• PHWP2 low temp loop failure
Continuous monitoring and management of the cogeneration engine and its associated equipment indudes immediate dispatch by Contractor of contractors engaged by Contractor to be available to respond and provide technical support, or perform maintenance or make repairs to the cogeneratlon engine and its associated equipment at the Municipal Plant as may be required to maintain operation within its optimal parameters and SCAQMD regulations, outside of the City's normal business hours and/or when the City's on-site cogeneration technicians and/or other staff are not otherwise available. (b) SCAOMD Emissions Penalty & Variance Coverage. During the Term of this Agreement, Contractor shall monitor and evaluate emissions levels from the Continuous Emissions Monitoring System (CEMS) for conformance with emissions levels identified in the applicable permits issued by SCAQMD for the cogeneration engine and its associated equipment at the Municipal Plant, (the "SCAQMD Permits~), and provide SCAQMD with all required emissions reports as otherwise required by the SCAQMD Permits. If any emissions exceedance occurs, Contractor will pay in full the penalty amount on behalf of City or reimbursed in full to City. If continued operation or maintenance of the cogeneration engine and its associated equipment at the Municipal Plant has caused or is likely to cause emissions levels to exceed levels authorized by the SCAQMD Permits, Contractor will: (1) furnish technical and legal support as necessary to prepare and file variance applications with SCAQMD; (2) arrange for attendance by its technical and legal support team at any meetings with SCAQMD staff and/or its Hearing Board in its consideration and review of variance applications; and (3) pay all related costs in securing variances for continued operation of the cogeneration engine and its associated equipment at the Municipal Plant in accordance with the SCAQMD Permits. In the event SCAQMO denies
approval of a variance, Contractor, at its cost, will design and construct any such modifications to the cogeneration engine and its associated equipment at the Municipal Plant as may be required to obtain compliance with emission levels authorized by the SCAQMD Permits, subject to review, approval by SCAQMD, including approval by SCAQMD of modified permits for the cogeneration engine and its associated equipment at the Municipal Plant. Notwithstanding anything to the contrary in this Section 3.02(b), Contractor shall not be responsible for any emissions exceedances, variances or modifications to the cogeneration engine and associated equipment that result from or are required by a change in the SCAQMD standards that do not allow for grandfathering of such cogeneration engine and its associated equipment. (c) Cogeneration Engine Operation & Maintenance. During the Term of this Agreement, Contractor shall supplement the City's existing on-site cogeneration technicians and other staff, and provide full ·tum-key" operation and maintenance services {both routine maintenance and any repairs, whether under warranty or outside of warranty) of the items listed in ATTACHMENT B Covered Equipment A diagram showing the location of Covered Equipment is incorporated herein as ATTACHMENT "B1". If the Covered Equipment faults, malfunctions, or experiences operation degradation due to its own causes, failed mechanical equipment will be repaired or replaced, defective parts will be furnished and replaced, required maintenance will be performed, and the Covered Equipment will be restored to its optimal operating parameters by Contractor at no cost to City. If the Covered Equipment experiences a mechanical fault, malfunctions, or experiences performance degradation due to external factors (outside Contractor's direct control, subject to City's agreement as to the existence of such external factor beyond Contractor's direct control, whose approval will not be unreasonably withheld) such as vandalism, Force Majeure event, fuel avaifability, balance of plant equipment, electric grid events or deficiencies, or thermal load deficiencies, City will be responsible for restoring the Covered Equipment to optimal operating parameters with the City's on-site cogeneration technicians or other staff. Alternatively, if DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 25
the City's on-site cogeneration technicians or other staff are unable to restore the Covered Equipment to optimal operating parameters; or, a mechanical fault, malfunction, or performance degradation occurs outside of the City's normal business hours and cannot be immediately resolved with the City's on-site cogeneration technicians or other staff, the Covered Equipment will be restored to its optimal operating parameters by Contractor at the City's cost, (considered the "Optional Additional Services"). (i) Routine maintenance activities to be provided by Contractor will correspond with maintenance of the Covered Equipment in accordance with the manufacturer's specifications and requirements, and includes:
• Emissions testing
• Vibration analysis
• Oil changes
• Annual alignment
• Coolant changes
• Engine lubricating oil and generator grease supply
• Engine lubricating oil sample kits & analysis
• Coolant & corrosion inhibitor supply, and coolant sample kits & analysis • Urea Procurement & Delivery
It is hereby acknowledged and agreed that excluded from the routine maintenance activities of the Covered Equipment to be provided by Contractor is the major overhaul of the cogeneration engine at the Municipal Plant to be scheduled in accordance with the manufacturer's recommendation occurring after 60,000 hours of operation. The City will be responsible for paying costs associated with this major overhaul. (ii) Routine inspections and testing to be performed by Contractor on the Covered Equipment at appropriate engine intervals on the following components/functions in accordance with the manufacturer's specifications and requirements, and includes:
• Intake air, ignition system
• Diane panel
• Cylinder heads
• Fuel system
• Heat exchangers
• Thermo reactor
• Oxidation catalyst
• Lubrication & coolant systems
• Cooling water pump
• Electrical generator
• Flex coupling
• Turbocharger and batteries
• Continuous Emission Monitoring System (CEMS)
• Quarterly (CGA) CEMS
• Annual RA TA and VOC testing
• Annual NH3 slip testing (SCR)
• Quarterly cylinder gas audits (CGA)
It is hereby acknowledged and agreed that the routine maintenance activities of the Covered Equipment to be provided by Contractor will not invalidate existing warranties. Contractor intends to use City's existing vendors, including Western Energy Systems. In the event Contractor changes vendors, ENGIE Services U.S. will provide City the opportunity to review and reasonably approve the new vendors. However, in no event will Contractor change a vendor that would otherwise invalidate an existing warranty, and will retain such vendors to the extent a warranty remains valid. (d) Engine Control System Operation and Maintenance (PLC). The controls and automation associated with the successful operation of the cogeneration engine and its associated equipment at the Municipal Plant, specifically the PLC, shall be operated and maintained by Contractor, and includes:
• Site survey/field audit
• Routine maintenance and software upgrades
• Source and change control
• Emergency support 24ll /365
• Control system documentation
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(e) Exclusions. During the Term of this Agreement, unless otherwise included under the scope of services of this Agreement pursuant to a written amendment to this Agreement approved by the Parties, "turn-key" operation and maintenance provided by Contractor will exclude the absorption chiller and related equipment in the balance of the Municipal Plant not otherwise identified as ·covered Equipment' and shown on ATTACHMENT "B", and includes the following excluded equipment (the "Excluded Equipment"):
• Chillers
• Cooling towers
• Thermal Energy Storage (TES) tanks
• Boilers
• Valves not listed as Covered Equipment in Attachment B • Pumps (condenser and chilled water)
• Fans (exhaust and makeup air)
• Electrical panels, breakers and disconnects not listed as Covered Equipment in Attachment B Insofar as Contractor is not responsible for operation and maintenance of any of the above Excluded Equipment, to the extent that failure of any of the Covered Equipment has a direct effect on the City's optimal operation of any of the Excluded Equipment, upon notification by the City that such an effect has occurred, (subject to Contractor's review and approval, whose approval will not be unreasonably withheld), Contractor will provide, technical consultation from the Energy Resource Manager related to the Excluded Equipment as may be required to return the City's operation of the Excluded Equipment into optimal parameters. To the extent a failure of the Covered Equipment directly causes damage to the Excluded Equipment, and vice versa, the Party responsible for the equipment that failed will repair the damaged equipment. If the City's operation of the Excluded Equipment causes damage to the Covered Equipment, the Contractor will perform such repairs to the Covered Equipment as may be required, subject to payment as Optional Additional Services in accordance with Section 2.04.

ARTICLE 4. SAVINGS MEASUREMENT & VERIFICATION PLAN
Section 4.01 Guaranteed Savings.
(a) Savings Guarantee. In consideration of the payment of the M&V and Support Services Fee, and upon the terms and subject to the conditions set forth herein, Contractor warrants that the City will realize total EC Savings during the Energy Savings Term of not less than the total Guaranteed Savings (the "Savings Guarantee"), as the same may be adjusted from time to time for changes in Energy Rate Factors, Energy Use Factors and consequential revisions to the relevant Baseline. If a Guarantee Payment is made to City following the 1st Measurement Period, City shall have the option to extend the Energy Savings Term for an additional five (5) year Measurement Period, provided that City can only exercise this option by delivering a written notice to Contractor not less than six (6) months prior to the end of the first (1 st) Measurement Period. (b) Guarantee Payment. For any Measurement Period in which there is a Guarantee Shortfall, Contractor shall pay to the City, within thirty (30) calendar days after the acceptance by the City of the Energy Savings Report for such Measurement Period, the Guarantee Payment for that Measurement Period. (c) Services or Retrofits in Lieu of Guarantee Payment. If in the judgment of the City, City would benefit from additional energy services or energy saving retrofits, City and Contractor may mutually agree that Contractor will provide such services or retrofits in lieu of the Guarantee Payment for such Measurement Period. For the purposes of this Contract, such services or retrofits will have a deemed value equal to the Guarantee Shortfall for that Measurement Period.
(d) Not used.
(e) Force Majeure. In the event that Contractor is delayed in, or prevented from, accurately calculating the actual EC Savings for any day of any Measurement Period by reason of any event of Force Majeure pursuant to ARTICLE 12, such circumstance shall not constitute a default, and Contractor shall be excused from performance under this ARTICLE 4 while such event of Force Majeure is continuing. During such Force Majeure event, Projected Energy Savings for the month(s) in which such Force Majeure is continuing shall be used in lieu of actual data; provided that if three (3) or more years of data are available for such month(s), the historical average of such data for such month(s) shall be used in lieu of Projected Energy Savings.

Section 4.02 Changes In Energy Use Factors.
(a) Adjustments to Baselines. Both Parties have an obligation to notify the other of any change in any Energy Use Factor which may negatively impact the EC Savings. The parties will document such notifications via a shared document accessible by both Parties with a description of the change, the name of the person observing the change, and the date observed. In addition, data collected by Contractor during or before the Energy Savings Term may indicate a change in the energy use pattern at the Facilities or any portion thereof and require a DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 27
change to one or more Baselines. Potential Basetine Adjustments that have been identified for each Measurement Year will be reviewed by both Parties on a quarteriy basis to agree on whether adjustments to the baseline are warranted. Contractor wffl l determine the effect that any such change Will have on EC Savings and present to the City a written analysis of the effects of such changes. Contractor w~I also recommend
corresponding revisions to the Baseltnes and/or EC Savings subject to City's review and approval, whose approval will not be unreasonably withheld. (b) Adjustments to Guaranteed Savings. If a change in any Energy Rate Factor or Energy Use Factor results in a reduction of EC Savings, then the Guaranteed Savings for the corresponding Measurement Period(s) will be decreased by the same amount. Contractor shall notify the City, in writing, of all such changes, subject to City's review and approval, whose approval will not be unreasonably withheld.
(c) Changes to Facilities.

City or Contractor may from time to time propose to make changes to the Facilities for the express purpose of increasing EC Savings or addressing Force Majeure events. It is agreed that these changes will only be made with the written consent of both Parties, which
will not be unreasonably withheld. The Baseline will not be adjusted to reflect any changes agreed to under this Section 4.02(c). (d) Baseline Adjustment. If Contractor proposes changes to the Facilities that would not unreasonably interfere with the conduct of City's business or cause the City to incur additional costs, City may in its sole discretion consent to the changes, and in such event Contractor wilt recommend an adjustment to the Baseline upward by the amount of savings projected from the changes, subject to City's review and approval, whose approval
will
not be unreasonably withheld.

City acknowledges that a baseline adjustment will be necessary to adjust for the lack of a viable hot water distribution system for the distribution of hot water from the Munfcipal Plant until such time as the distribution system is restored to proper operation by the Ctty.
(e) Projected Energy Savings. During the Energy Savings Term, when the ultimate effect of the Work on EC Savings cannot be accurately determined due to pending construction or changes to the Scope of Work, Projected Energy Savings for the Facilities will be used until the effect of the changes can be determined by Contractor (f) Assessment Work. If, after the first Measurement Year, Contractor estimates that a Change in Energy Use Factor has occurred which will require more than 20 hours of engineering analysis to quantify; Contractor has the right to charge the City for Assessment Work deemed required by Contractor pursuant to this Section

4.02(f}.. Before initiating required Assessment Work, Contractor will notify the City in writing of the reasons requiring the Assessment Work, and provide a detailed written proposal identifying the scope of work and direct costs associated with the required Assessment Work. The City will, within forty-five (45) calendar days, give Contractor written approval to proceed or, alternatively, at no charge to Contractor, to stipulate that the Projected Energy Savings for the portion of the Facility in question be used for the purpose of meeting the Savings Guarantee for such Measurement Period and thereafter. If Contractor does not receive written approval within forty-five (45) calendar days, the Projected Energy Savings for the portion of the Facility in question will be used until such time as the City approves the required Assessment Work. City may also request optional Assessment Work for future projects related to the Facilities that may be undertaken by the City. As part of any request for optional Assessment Work, City will provide a clear definition of the requested scope, from which Contractor will evaluate and provide to City a detailed written proposal identifying the requested services to be furnished by Contractor or its subcontractors and consultants, and the fee for the requested services.
(g) Changes in Energy Use Factors. Regardless of when Changes in Energy Use Factors are reported or discovered, the impact of the change will be calculated back to the date when the change began to negatively impact EC Savings. The City agrees to supply Contractor in a timely manner with information that is requested by Contractor for the calculation of EC Savings. (h) Changes in Savings Calculations. Any changes made by Contractor to the savings calculations shall be presented to the City Manager for approval in advance. The City Manager's approval of savings calculations shall not be unreasonably withheld. If the City Manager does not respond within sixteen (16) Business Days after receipt of revised savings calculations from Contractor, the savings calculations shall be deemed approved. (i) Inspection of Facilities. The City agrees that Contractor shall have the right, with prior notice per the City's guidelines, to inspect the Facilities to determine if the City has consistently complied with its obligations as set forth above. In the event that any inspection discloses that the City has failed, on or prior to the date of such inspection, to be in compliance with any of its obligations, then the Guaranteed Savings shall be assumed to have been achieved for the portion of the Energy Savings Term during which such failure shall have existed.

Section 4.03 City Maintenance. The City will maintain (or cause to be maintained) all of its energy consuming equipment except the Covered Equipment, in accordance with the maintenance schedules and procedures recommended by the manufacturers of the relevant equipment. City will diligently effect repairs when unplanned DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 28
maintenance is required, particularly when it impacts the ability of the Covered Equipment to perform optimally. Pursuant to Section 3.02, Contractor will, on behalf of the City, maintain (or cause to be maintained) the Covered Equipment, in accordance with the maintenance schedules and procedures recommended by the manufacturers of the Covered Equipment.

Section 4.04 Energy Savings Report. Annually during the Energy Savings Term, Contractor shall submit to the City an energy savings report containing a precise calculation of the EC Savings during the applicable Measurement Period (an "Energy Savings Report"). The Energy Savings Report shall be submitted within ninety (90) calendar days after receipt of all needed information for the year, unless additional information is needed to accurately calculate the EC Savings, in which case the City shall be notified of such a situation within the ninety (90) calendar-day period.

Section 4.05 On-Site Measurements. The City irrevocably grants to Contractor the right, during the Energy Savings Term, to monitor EC Savings and energy management performance by conducting on-site measurements, including, but not limited to, reading meters and installing and observing on-site monitoring equipment. Contractor shall not exercise such right in a manner that unreasonably interferes with the business of City as conducted at the Facilities as of the date hereof. The City shall cooperate fully with the exercise of such right by Contractor pursuant to this Section 4.05. City shall further cooperate with Contractor's performance of the Savings Measurement and Verification Plan by providing utility information, changes in Energy Use Factors, and/or additional information as reasonably requested by Contractor.

Section 4.06 Internet Communication Path. To facilitate Contractor's monitoring of the Work, City shall, at City's expense, maintain an internet communication path between City's energy management system(s) and Contractor's systems.

Section 4.07 Termination of Guaranteed Savings. If (i) the City notifies Contractor in writing of its intent to terminate the Savings Guarantee, (ii) this Contract is terminated by Contractor for default by City or by City for any reason permitted by this Contract or (iii) the City is in default of any of its other obligations under this Agreement, or (iv) the first Measurement Period has been reconciled without a Guarantee Payment being paid to City, the obligation of Contractor to prepare and deliver the Energy Savings Report and to make a Guarantee Payment shall also be terminated. If such termination occurs on a date other than the last day of a Measurement Period, Contractor shall have no obligation to make a Guarantee Payment or prepare and deliver an Energy Savings Report for such Measurement Period.

Section 4.08 Calculations.
(a) Not used.
(b) Calculation of EC Savings. EC Savings for any Measurement Period will be equal to the sum, for such Measurement Period, of (i) the Energy Use Savings, plus (ii) the Stipulated Non-Energy Savings, in each case as adjusted for changes in Energy Use Factors during such Measurement Period. EC Savings achieved during the Construction Period shall be included in the EC Savings for the first Measurement Period. (c) Calculation of Energy Use Savings. Energy Use Savings shall be calculated by Contractor as the product of (i) the Energy Unit Savings multiplied by (ii) the greater of (a) the applicable Base Energy Rate or (b) the applicable Actual Energy Rate. (d) Calculation of Excess Savings. From and after the Post-Construction Services Commencement Date, Excess Savings shall be calculated by Contractor as the difference, to the extent positive, between (i) the EC Savings for the relevant Measurement Period minus (ii) the Guaranteed Savings for such Measurement Period. During the Construction Period, Excess Savings will be calculated by Contractor in the manner set forth in the Savings Measurement and Verification Plan. For the avoidance of doubt, Excess Savings will not be reduced below zero.

Section 4.09 Calculation of Guarantee Shortfall. The Guarantee Shortfall, for any Measurement Period, shall be calculated by Contractor as the difference, to the extent positive, between (i) the Guaranteed Savings for such Measurement Period minus (ii) the sum of EC Savings for such Measurement Period.

Section 4.10 Methodologies and Calculations.

The following details the methodologies and calculations to be used in determining the Energy Unit Savings under this Agreement.

Table 4.1-1 ECM M&V Option Matrix
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 29
I
I
-
Annual Electrlc Annual Gas Annual Water ECM Faclllty M&V Electrlc Rate Gas Rate Water Method Rate Savings Savings Savings (kWh) ($) (therms) ($) (ccf) ($)
- -- -
L 1, L 1-C: Lighting
Upgrades - Interior & City-Wide Option A 805,302 0.1500 - - - - Exterior
L 1-A: Lighting Upgrades -
Interior & Exterior Municipal Option C 1,251,068 0.1129 - - - - l1-B: Lighting Upgrades -
Interior & Exterior Sunrise Option C 254,972 0.0897 - - - - Municipal -
M1-A: 0.1129 0.5802 - - Central Plant Import Option C 2,950,323 (86,337) Cogeneration Upgrade MunicipalExport Optionc (140,642) 0.0403 - - - - M2-A: Energy
Management Control Municipal OptionC 475,968 0.1129 - - - - System
Sunrise -
M1-B: 0.0897 0.6552 - - Central Plant Import OptionC (2, 128,856) 344,081 Upgrade SunriseExport Option C (282,814) 0.0375 - - - - M2-B: Energy
Management Control Sunrise Option C 168,951 0.0897 - - - - System
W1 : Irrigation I Water City-Wide Stipulated Management - - - - 144,604 0.8383 (a) M&V Option A: This option allows for the energy savings to be predicted, measured, and agreed upon between the City and Contractor One-time measurements and stipulated parameters are used to quantify savings that are stipulated for the term of the Contract.

1. Contractor will supply a one-time report to the City detailing the measurements and calculation of savings. If the calculated savings fall short of those expected, Contractor will have the opportunity to remedy the short fall and re-measure and calculate the results. Such work will be done at Contractor's expense and shall not be unreasonably denied by the City, as long as such work does not interfere with the City's use of the Facilities. These calculated savings will be defined as Energy Unit Savings and will be agreed to occur each year of each Measurement Period. During the Construction Period, the Energy Unit Savings will be calculated by adding the savings measured for the whole months between Substantial Completion or Beneficial Use of the ECM and the Post-Construction Services Commencement Date.

2. Scope of Work
The Energy Savings generated from the installation of the lighting ECMs shall be measured and verified using IPMVP Option A. These savings shall be measured and calculated by the following method. The reduction in units of electric demand (kW) from the installation of the lighting ECMs is to be measured directly using a calibrated true-RMS watt meter or stipulated based on the following parameters. Existing and to-be-installed fixture types shall be grouped project-wide, based on the type of fixture (i.e. type of lamp, number of lamps and ballast type) and the assumed wattage. All lamps without ballasts (incandescent), along with exit signs, shall be stipulated at their manufacturer's rated wattage. Groups of fixtures with ballasts shall be measured in the following manner. (i} For groups with 1000 or more fixtures, eight (8) or more instantaneous measurements of single fixtures or circuits containing only one type of fixture shall be taken. The average wattage per fixture shall be calculated and be the measured wattage for that fixture type. (ii) For groups with 500 or more fixtures but fewer than 1000, six (6) or more instantaneous measurements of single fixtures or circuits containing only one type of fixture shall be taken. The average wattage per fixture shall be calculated and be the measured wattage for that fixture type.

DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 30
(iii) For groups with 100 or more fixtures but fewer than 500, four (4) or more instantaneous measurements of single fixtures or circuits containing only one type of fixture shall be taken.

The average wattage per fixture shall be calculated and be the measured wattage for that fixture type.
(iv) For groups with 99 or fewer fixtures or where measurements are not phystcally possible, the measured wattage shall be stipulated for that group to equal the wattage defined n Tables

4.1-2 and 4.1-3, showing the existing fixture codes, quantities, and manufacturer's rated wattage for these type fixtures.

Table 4.1-2 Existing Interior/Exterior Lighting Fixture Quantities (Pre-M&V)
Type Watts Qty #to M&V
1L 6WEXIT 10 1 0
2L 7W CFL EXIT 14 2 0
1L 25W lncand. 25 1 0
1L 2fM/ lncand. 26 1 0
1 L 30W lncand. 31 3 0
1L 32W TB 31 3 0
1L4' 34WT12 32 7 0
1 L 40W lncand. 40 27 0
2L 20W lncand. EXIT 40 3 0
1L32WCFL 40 16 0
1L 34WT12 43 133 4
1 L 45W lncand. 45 100 0
1L3' 30WT12 46 8 0
1 L 50W lncand. 50 440 0
2L 2' 20WT12 56 2 0
1 L 5fM/ lncand. 56 1 0
2L 4' 32WT8 60 519 6
1 L 60W lncand. 60 114 0
1 L 65W lncand. 65 1025 0
2L 2' 34W T12 U 86 184 4
2L4' 34WT12 72 468
1 L 75W lncand. 75 39 0
3L4' 32WT8 93 73 0
1L 90Wlncand. 90 2 0
1L 70W HPS 95 22 0
1 L 1 OOW lncand. 100 41 0
2L6' 55WT8 122 1 0
3L4' 34WT12 115 35 0
3L4' 40WT12 93 8 0
4L8' 32WT8 118 18 4
4L4' 32WT8 118 33 0
2L 60W lncand. 120 8 0
2L6' 55WT8 122 1 0
2L8' 75WT12 168 15 0
1L 100W HPS 138 60 0
2L60W CFL. 123 26 0
4L4' 34WT12 144 200 4
1L 150WHPS 188 123 0
1L 150W lncand. 150 6 0
2L 75W lncand. 150 7 0
4L 40W lncand. 160 4 0
2L 8' 75WT12 168 15 0
6L 4' 32WT8 175 3 0
1L 150WMH 190 58 0
2L 70WHPS 190 8 0
1L 175W MH 215 65 0
6L4'34WT12 216 16 0
4L 60W lncand. 240 16 0
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 31
Table 4.1-2 Existing Interior/Exterior Lighting Fixture Quantities f Pre-M&V)
Tvne Watts Qtv #to M&V
7L 4(J.N lncand. 280 4 0
1L 250W HPS 295 10 0
1 L 300W lncand. 300 11 0
2L 150W lncand. 300 5 0
4L 75W lncand. 300 2 0
8L 4mCFL 336 4 0
2L 175W MH 430 17 0
1L 400W MH 458 360 6
Fixtures not scheduled for a retrofit.

NR - SkylighVSolar Tube 0 3 0
NR - Self-Luminous EXIT 0 38 0
NR - 1L 3W LED EXIT 3 165 0
NR-1L 13WCFL 17 8 0
NR- 1L 15W CFL 20 13 0
NR - 1L 18W CFL 26 99 0
NR -1L 18W lncand 26 30 0
NR -2L 10W CFL 32 6 0
NR - 1L 23W CFL-S 23 37 0
NR - 1 L 3' 25W TS 26 47 0
NR -1L 26W CFL 26 124 0
NR-2L 13W CFL 31 5 0
NR - 2L 18W CFL 45 29 0
NR - 1 L 40W CFL 46 3 0
NR - 1 L 42W CFL-S 42 3 0
NR - 1 L 50W lncand. 50 73 0
NR -1L 55W CFL 55 95 0
NR - 1L 65W lncand. 65 65 0
NR - 2L 42W CFL 84 210 0
NR - 1L 90W lncand. 90 1 0
NR - 4L 23W CFL-S 92 1 0
NR-1L 70WMH 95 11 0
NR -1L 70WMV 93 9 0
NR - 1L 10(J.N HPS 138 27 0
NR - SL 15W CFL 102 11 0
NR-2L 4' 54WT5 117 12 0
NR - 2L 60W lncand. 120 2 0
NR-1L 150W HPS 188 13 0
NR - 2L 70W HPS 190 156 0
NR - 4L 4' 54W T5 234 8 0
NR - 1 L 25(],/tJ HPS 295 27 0
NR - BL 42W CFL 336 166 0
NR - 2L 20(],/tJ lncand. 400 1 0
NR - 1L 400W HPS 465 17 0
NR - 1 L 500W lncand. 500 16 0
NR - 2L 400W HPS 930 2 0
NR - 2L 500W lncand. 1000 1 0
Total Qty 5879 24
Total Qty to Retrofit 4342
Total otv to M&V 1433
NR = No Retrofit
Table 4.1-3 Proposed Interior/Exterior Lighting Fixture Quantities (Post-M&Vl
Type Watts Qty #to M&V
1L 3W LED 3 566 0
1L 5W LED 5 134 0
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 32
Table 4.1•3 Proposed Interior/Exterior Lighting Fixture Quantities (Post-M& V)
Tvoe Watts Qtv #toM&V
1L 9WCFL-S 9 568 0
1L 13WCFL-S 13 68 0
1L 14W CFL-S 14 15 0
1L 16W CFL-S 16 315 0
1L 18W CFL-S 18 63 0
1L 19WCFL-S 19 21 0
1L 4' 28W TS Low 22 137 4
1L 23WCFL-S 23 49 0
1L 3' 25WT8 27 11 0
2L 13W CFL-S 26 7 0
2L 16W CFL-S 32 5 0
2L2' 17WT8 33 206 4
2L 18WCFL-S 34 1 0
4L 9WCFL-S 36 4 0
1L 37W LED 37 30 0
2L 19WCFL-S 38 6 0
2L 4' 28W T8 Low 42 1054 8
2L 23WCFL-S 46 5 0
1L 47W LED 47 60 0
2L4' 28WTS 50 138 6
4L 13W CFL-S 52 1 0
4L 14W CFL-S 56 4 0
7L 9WCFL-S 63 4 0
3L 4' 28W TS Low 63 42 0
1L 68WCFL-S 68 11 0
4L 19WCFL-S 76 2 0
1L 77W LED 77 200 0
4L 4' 28W TS Low 84 154 4
4L4' 28W 99 22 0
1L 100W MH 128 63 0
1L 175WHPS 215 10 0
4L4' 54WT5 234 4 0
6L4' 54WT5 351 280 4
1L 320WMH 365 80 4
Fixtures not scheduled for a retrofit.

NR - Skylight/Solar Tube 0 3 0
NR - Self-Luminous EXIT 0 38 0
NR-1L 3W LEO EXIT 3 165 0
NR -1L 13W CFL 17 8 0
NR -1L 15W CFL 20 13 0
NR - 1 L 17W CFL 16.5 3 0
NR - 1 L 18W CFL 26 99 0
NR - 1 L 18W lncand 26 30 0
NR - 2L 10W CFL 32 6 0
NR - 1 L 23W CFL-S 23 37 0
NR - 1 L 3' 25W TS 26 47 0
NR - 1L 26W CFL 26 124 0
NR - 2L 13W CFL 31 5 0
NR - 2L 18W CFL 45 29 0
NR - 1L 40W CFL 46 3 0
NR - 1 L 42W CFL-S 42 3 0
NR -1L 50W lncand. 50 73 0
NR-1L SOW LED 50 3 0
NR -1L 55W CFL 55 95 0
NR - 1 L 65W lncand. 65 65 0
NR - 2L 42W CFL 84 210 0
NR - 1 L 90W lncand. 90 1 0
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 33
Table 4.1-3 Proposed Interior/Exterior Lighting Fixture Quantities (Post-M&V)
Tvoe Watts #toM&V
NR - 4L 23W CFL-S 92 1 0
NR-1L 70W MH 95 11 0
NR-1L70WMV 93 9 0
NR -1L 100W HPS 138 27 0 NR - 6L 15W CFL 102 11 0 NR - 2L 4' 54W TS 117 12 0 NR - 2L SOW lncand. 120 2 0 NR -1L 150W HPS 188 13 0
NR - 2L 70W HPS 190 156 0
NR - 4L 4' 54W TS 234 8 0
NR-1L 250W HPS 295 27 0
NR - BL 42W CFL 336 166 0
NR - 2L 200W lncand. 400 1 0
NR- 1L 400W HPS 465 17 0
NR - 1L 500W lncand. 500 16 0
NR - 2L 400W HPS 930 2 0 NR - 2L scow lncand. 1000 1 0
Total QtV 5879 28
Total Qty to Retrofit 4342
Total Qty to M&V 1969
NR = No Retrofit

3. The baseline energy consumption for each room will be the pre-retrofit measured (or stipulated) average fixture wattage multiplied by the Annual Hours for the area type. Post-retrofit energy consumption for each room will be the measured post-retrofit average fixture wattage multiplied by either the Annual Hours or the Annual Hours with Occupancy Sensor for the area type depending on whether or not an occupancy sensor was installed as part of the Scope of Work.

4. The annual unit consumption savings (kWh) for each room will be calculated by subtracting the post-retrofit annual energy consumption from the baseline annual energy consumption. Annual Hours and Annual Hours with Occupancy Sensor are stipulated in the Energy Services Contract by Building and summarized below in Table 4.1-4.

5. The Energy Unit Savings (kWh) shall be the sum of the calculated annual unit consumption savings for each retrofit.

Table 4.1-4: City of Palm Springs· City-Wide
LI hti H f O ti Table 4.1-4: Continued Ill na ourso ,pera on Annual Annual
Area Type Annual HOUN with Hours Occupancy
Sensor
Area Type Annual Hourawith Hours Occupancy
Sensor
AEROBICS 2500 2 000 NORTH ENTRANCE 4,000 NIA ALL LEVELS - PARKING 7,000 NIA NORTH WALL 4,000 NIA ASSEMBLY ROOM 1,500 1,200 OFFICE 1,500 1,200 ATRIUM 5,000 NIA Office - 24/7 8,760 7,008
AUDITORIUM 2,500 2,000 Office - Airport 4,500 3,600
BASEMENT - PARKING 7000 NIA

BASEMENT-STORAGE
OFFICE - COACHES 1 500 1 200
INACTIVE 500 400 OFFICE - INACTIVE 750 600
OFFICEBEDROOM - MEN 1,500 1,200 INTEROGATION 1,000 800 BEDROOM - WMN 1,500 1,200 BETWEEN CITY HALL &
Office· IT 3,500 2,800
ANNEX 4,000 NIA OFFICE- LAB 2,500 2,000
BLDG PERIMETER 4 000 NIA

BLDG PERIMETER -
Office - Librarv 2250 1 800
SOFFIT 4,000 NIA OFFICE - OPEN 7,000 5,600
BOXING RING 2000 1 600 Office - Restaurant 7,000 5,600
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 34
Table 4.1-4: City of Palm Springs - City-Wide
I Table 4.1-4: Continued Lighting Hours of Qperat on
Annual
Area Type Annual Hours with Hours Occupancy
Sensor
Annual
Area Type Annual Hours with Hours Occupancy
Sensor
Break Room 4,000 3,200 OFFICE - RESTROOM 1,000 800
Breakroom 2,000 1,600 Office - Retail 7 000 5,600
CASHIER 3,500 2,800 Office - Security 2,250 1,800 CLASSROOM 2,250 1,800 CLASSROOM-COMPUTER OFFICE - SERVER 3,500 2 800 OFFICE - SERVER
LAB 3,000 2,400 ROOM 3,500 2 800
COFFEE SHOP 2,500 2,000 OFFICE - STORAGE 500 400 CONCESSIONS 1,000 800 OFFICE - TICKETS 750 600 Concourse - Airport 8 760 NIA Office - Work Room 7,000 5600 Conference 2,500 2,000 CONFERENCE - CITY OPEN AREA 3,500 NIA
COUNCIL 1,500 1,200 OPEN AREA - INACTIVE 1,000 NIA CONFERENCE ROOM 2,000 1 600 PARKING LOT 4000 NIA COURTYARD 4000 3,200 PATIO 4,000 N/A DINING AREA 2,500 2,000 PORCH 4,000 N/A
Dinina Room 2000 1,600 PRESS BOX 1,000 N/A Dorm Room 2,500 2,000 PRO SHOP 3,500 NIA DormitQrY 2,500 2,000 Restaurant 7 000 NIA DRESSING ROOM 1 500 1,200 Restroom 2,500 2000 EAST WALL 4,000 NIA RESTROOM - BOYS 2,500 2,000 ELEVATOR 8,760 NIA RESTROOM - GIRLS 2,500 2,000 ELEVATOR- NORTH 8760 NIA RESTROOM - INACTIVE 750 600
ENTRANCE 3500 NIA Restroom - Lockers 7 000 5600 ENTRANCE CANOPY 4,000 NIA RESTROOM - MEN 8,760 7,008 EXHIBIT HALL 1,000 NIA RESTROOM - MENS 4 500 3,600 Exterior 4000 NIA Restroom - Shower 3,500 2 800 FIRING RANGE BOOTH 1,000 800 RESTROOM - SINGLE 1,500 1,200 FIRING RANGE ENTRANCE 1 500 1 200 RESTROOM - UMPIRES 500 400 FITNESS ROOM 7,000 5,600

GALLERY - DISPLAY
RESTROOM - WMN 8,760 7,008
ROOM 1,000 800 Retail ShOIJ 7,000 N/A
GALLERY - ENTRANCE 1,000 NIA SHELTER 3 500 NIA GARAGE 4500 NIA Sho_Q_ 2,000 NIA Garage Bav 2,500 NIA SHOP - MAINTENANCE 3,500 NIA GYM - ENTRANCE 3,500 NIA SIGN 8 760 NIA
GYMNASIUM 3500 2 800 SOFFIT 4,000 NIA
HALLWAY 7,000 NIA SOUTH-TOP LEVEL 4,000 NIA HALLWAY - ALCOVE 7 000 NIA SOUTH WALL 4,000 NIA

SPOT LIGHT MOUNTED
HOLDING CELL 8,760 NIA ON STREET LIGHT 3000 NIA HOLDING CELL - BOOKING 8,760 NIA STAGE 1,000 NIA Kitchen 7,000 5,600 STAIRS 7 000 NIA KITCHEN 2 000 1 600 Stairway 8,760 NIA KITCHEN - INACTIVE 2 000 1,600 STORAGE 1,500 1,200 Library 3,000 2,400 STORAGE - ACTIVE 2,500 2,000 Livina Room 2 000 1 600 STORAGE - GOLF CART 3,000 2,400 Loading_ Dock 2,000 NIA STORAGE - INACTIVE 1,500 1,200 LOBBY 7000 NIA STORAGE - OPEN 2 000 1,600 DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 35
Table 4.1-4: City of Palm Springs. City-Wide Table 4.1-4: Continued LI 1a htl na H ourso f O ,pera ti on Annual Annual
Area Type Annual Hours with Houra Occupancy Area Type Annual Hourawlth Hours Occupancy Sensor Sensor STREET LIGHT WITH 2
Locked NIA NIA SPOTLIGHTS 4 000 NIA
STREET LIGHT WITH 3
Locker Room 2 000 1600 SPOT LIGHTS 4,000 NIA
STREET LIGHT WITH 4
LOCKER ROOM • MEN 1,000 800 SPOT LIGHTS 4 000 NIA

STREET LIGHT WITH
Locker Room - Showers 2 000 1 600 OUT SPOT LIGHT 4000 NIA TREE LIGHT WITH 1
LOCKER ROOM- STADIUM 500 400 LAMP 3,000 NIA
TREE LIGHT WITH 2
LOCKER ROOM - UMPIRES 500 400 LAMPS 3000 NIA
LOCKER ROOM - WMN 1 000 800 Vestibule 8,760 NIA LOCKER ROOM SHOWERS -MEN 1,500 1,200 Waiting Room 2,000 NIA
Lounge 4 000 3200 WAL'tQJVAY 4,000 NIA LOUNGE-BREAKROOM 1,500 1,200 WAL'tQJVAYS 4,000 NIA MARTIAL ARTS 1,500 1,200 WEIGHT ROOM 1,500 1,200
MECHANICAUELECTRICAL 1,500 1,200 WESTWALL 4000 NIA
MUL Tl-PURPOSE 3,000 2,400 WORKROOM 2,000 1,600
Multipurpose Room 2,500 2,000 Work Sho_Q 2,000 1,600

6. Post-retrofit measurements will be performed one time, after the retrofit is complete. Post-retrofit ECM performance is assumed to be consistent for the duration of the Energy Savings Term. (b) M&V Option C: Option C verification techniques calculate savfngs by comparing the post-retrofit overall energy use in a building or facility with pre-retrofit energy Baserines. This methodology captures all the savings under a particular meter and requires ongoing monitoring of the facilities.

1. The monthly Energy Unit Savings are calculated by subtracting the monthly post-retrofit consumption from the corresponding monthly Baseline consumption and presented in ongoing reports. During the Construction Period, Option C Energy Unit Savings will be calculated each month.

2. Scope of Work
Calculations:

Except for where Projected Savings are to be utilized as detailed in this contract, for each Facility's Baseline, Energy Unit Savings will be calculated by subtracting the post implementation current month's usage from the Baseline usage for that month. The specific equations for calculating the Energy Unit SavJngs are as follows (refer to Meter Matchup Table):

Baseline Usage - Current Usage = Energy Unit Savings
Current Usage= Total units (i.e. kWh, kW, ccf, therms, gals, etc.) from the automated metering system (checked annually against utility b~ls).

Baseline Usage: The Pre-Construction Period usage, as detailed below, revised from time-totime as detailed in this Contract.

Meter Match up Table
IMellne Post-Retrofit Commenta
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 36
Meter Name
Municipal
Plant SCE
Import Meter
Municipal
PlantSCE
Export Meter
Municipal
Plant Main
Gas Meter
and Building
Gas Meters
Sunrise Plant
Automated
Import Meter
Sunrise Plant
Main Gas
Meter and
Building Gas
Meters
Units
kWh
kWh
Therms
kWh
Therms
Loads Served Meter Name Units Loads Served
All electric loads in plant, All electric loads in plant, all loads in all loads in Airport, Airport, Airport Fire Airport Fire Station, Municipal Plant Station, Police Police Department, Police Department Automated kWh Department, Police Import Meter Department Training, Training, City Hall, City City Hall, City Yard and Yard and County Admin1 County Admin' buildings. buildinas.

Generation in excess of Municipal Plant Generation in excess Post-retrofit export consumption. Automated kWh of consumption. expected to be Export Meter nearly zero.

CCFwillbe
Municipal Plant converted to Therms
Automated CCF Cogeneration Unit using monthly Cogeneration energy content Meter values published by
aas utilitv.

Engine and Absorber, CCFwill be Municipal Plant converted to Therms heating equipment Automated CCF Thermax Chiller, Hot using monthly serving heating loads in Absorber/Boiler Water Boilers. energy content Airport, Airport Fire Meter values published by Station, Police aas utility. Department. City Hall,
and CCF converted to building gas meters. Airport CCF Domestic Hot Water Therms.

Airport Fire CCF Domestic Hot Water CCF converted to Therms.

City Hall CCF Domestic Hot Water CCF converted to Therms.

Police CCF Domestic Hot Water CCF converted to Deoartment Therms.

All electric loads in plant, All electric loads in
all loads in Leisure Sunrise Plant plant. all loads in
Center, Library, Pavilion, Automated kWh Leisure Center, library, Pool, Skate Park, and Import Meter Pavilion, Pool, and Stadium Facilities buildina aas meters
Engine, heating CCFwill be
equipment serving Sunrise Plant converted to Therms
healing loads in Leisure Automated CCF Hot Water Boilers using monthly Center, Library, Pavilion, Central Plant energy content Pool, and building gas Meter values published by meters aas ulilitv Leisure Center CCF Domestic Hot Water CCF converted to Therms Library CCF Domestic Hot Water CCF converted to Therms
Pavilion CCF Domestic Hot Water CCF converted to Therms Pool CCF Domestic Hot Waler CCF converted to Therms
Stadium CCF Domestic Hot Water CCF converted to Therms
(1) In the baseline energy data the kWh and gas consumption for the County Admin Building is zero. The building was unoccupied and unconditioned during the baseline period. (ii) In the baseline energy data the County Admin Building hot water and chilled water was disconnected ("valved-off') from the Municipal Central Plant. The County Admin Building has a dedicated heating and cooling system at the building; this will be used for future operation.

3. Baselines and Projected Savings:

Municipal Plant
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SCE Electric SCE Electtlc SCE Electrtc SCE Electrtc Natural Gu Natural Gas Import Export Export Month Usage Usage Projected Import BaseUne Projected Projected BaseHne Baseline (kWh) Savings Savings Savings JkWhl (kWh) (kWh! (Therma)1 (Thenns)
Jan 332,256 304.103 -15,672 -14 227 75,709 8,112
Feb 777,048 94,177 0 0 10,304 -2,510 Mar 672,168 612,093 -336 -159 38,426 -25,704 Apr 821 824 753,042 0 116 6,535 -51 369
May 885,728 813,335 0 324 4,554 -57,004
Jun 791,144 721,557 0 0 28,680 -38,380 Jul 1,056,576 933,302 0 0 6,747 -69,510 Aug 183,072 126,818 -8 048 -7,391 107,809 22,877
Sep 183 200 106,761 -11,296 -10,374 103,999 23 545
Oct 156,720 107,857 -23,032 -21, 153 100,184 23 301
Nov 112,280 90,904 0 523 99,698 31,066
Dec 14,688 13,411 -96,888 -88 300 115,845 49,239
Totals 5 986,704 4 677 359 -155 272 -140 642 698 490 -86_,_337 Sunrise Plant
ICE Electrlc SCE Electric ICE Electric SCE Electrtc Natural Gu Natural Gu Import Export Export Month Usage Usage Projected Import Baaellne Projected Buellne Projected Baullne Savings (kWh) Savings (kWh) Savings (Therms) (Therms) (kWh) JkWbl Jan 0 -121180 0 0 32,496 28,730
Feb 0 -168,363 0 0 33,453 28 331 Mar 176,359 -131 004 0 0 32,811 25,528 Apr 199,424 49207 0 0 7,776 1,786
May 158,818 -15,260 0 0 16,887 10,499
Jun 11,819 -106,583 -131,964 -125,366 56,752 46,330 Jul 898 -138,448 -150,850 -143,308 59,877 46 401 Aug 0 ·194 282 0 0 49,250 37,318
Sep 0 -174 345 0 0 41 ,190 33,565
Oct 0 ·158,400 0 0 33,235 30,021
Nov 0 ·137,073 0 0 30,794 29,183
Dec 0 -140,530 0 0 27,846 26 390
Totals 547,318 -1,436 261 -282,814 -268 673 422 367 344 081 (c) The Irrigation/Water Management stipulated savings are not fully substantiated with engineering calculations as of the date hereof. While a 30% savings estimate is reasonable given the present state and operation of the system, some validation of the savings will be provided in the form of short term billing analysis for the 12 meters with the highest estimated water savings, as those meters represent approximately 50% of the projected water savings. If this validation shows that the actual savings will be significantly different than the stipulated savings, the Parties will discuss in good faith an appropriate adjustment of the stipulated savings. (d) Stipulated Savings: When the cost, complexity, or uncertainty of savings measurements are high as compared to the projected savings, the City and Contractor may agree to stipulate the projected Energy Unit Savings as being achieved, without any measurements being taken.

1. For the Stipulated Option, the Energy Unit Savings presented as stipulated in Table 4.1-1 above will be agreed to occur each year of each Measurement Period. During the Construction Period, the Energy Unit Savings will be calculated by adding the savings projected for the whole months between Substantial Completion or Beneficial Use of the EC Measure and the M&V Commencement Date. (e) Base Energy Rates:

The Base Energy Rates are shown in Table 4.1-1, ECM M&V Option Matrix.

The Base Energy Rates listed above in Table 4.1-1 are to be increased each year on a cumulative basis by four percent (4%) beginning on the first anniversary of the M&V Commencement Date and continuing on the first day of each Measurement Year thereafter.

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ARTICLES. TERMINATION OF ENERGY SERVICES CONTRACT AND SETTLEMENT OF COGENERATION

FACILITY DISPUTE

5.01 Final Completion. As a condition precedent to this Agreement, Contractor warrants and represents that the entirety of the Work to be completed pursuant to the Energy Services Contract is fully complete in accordance with the Scope of Work contemplated by the Energy Services Contract. Accordingly, pursuant to Section 6.03 of the Energy Services Contract, Contractor has previously provided to City a written Certificate of Final Completion dated May 31, 2019, for the City's review and approval. Upon execution of this Agreement by both Parties, the City will execute and return the Certificate of Final Completion to Contractor, and the Scope of Work to be completed by Contractor pursuant to the Energy Services Contract shall be accepted. Contractor will furnish to City a Notice of Acceptance for its signature and recordation.

5.02 Release of Performance and Payment Bonds. Pursuant to Section 11. 04(b) of the Energy Services Contract, the City agrees that (i) no sooner than thirty-five (35) calendar days after recordation of the Notice of Acceptance, and no later than sixty (60) calendar days after the City's payment of the Retainage pursuant to Section

2.02, in accordance with California Public Contract Code§§ 20104.50 and/or 7107, the payment bond will be released and all obligations arising thereunder shall be terminated provided no legally submitted stop notices or other actions have been filed with City concerning disputed payments; and (ii) within one (1) year after recordation of the Notice of Acceptance, the performance bond, less any amounts for warranty claims, will be released and all obligations arising thereunder shall be terminated.

5.03 Termination of Energy Services Agreement. Upon the Post-Construction Services Commencement Date, the Energy Services Contract will be terminated and of no further force and effect, and the terms and conditions of this Agreement shall supersede the terms and conditions of the Energy Services Contract.

5.04 Settlement and Release of Claims. In consideration for the full and timely performance of all terms and conditions of this Agreement, each of the Parties for themselves and each of its respective affiliated, subsidiary, and/or successor companies, and/or governing boards, and all of their respective owners, officers, directors, partners, joint venturers, principals, shareholders, members, heirs, spouses, children, students, employees, teachers, facility personnel, vendors, agents, servants, trustees, trustors, beneficiaries, predecessors, successors, executors, administrators, assigns, affiliates, creditors, buyers, sellers, transferees, transferors, insurers, sureties, attorneys, experts and consultants, (collectively "Related Parties"), do hereby covenant not to sue each other or each other's respective Related Parties and, do fully and finally settle, release, acquit, and forever discharge each other and each other's Respective Parties from any and all claims, demands, liabilities, obligations, liens, debts, or causes of action, including all claims for express indemnity or implied equitable indemnity, whether known or unknown to the Parties herein, including all past, present and future claims, demands or liens imposed by attorneys or insurers, for injuries or damages sustained by the Parties arising out of or relating in any way to the disputes covered by the Tolling Agreement ("Release") prior to the date hereof.

5.05 SECTION 1542 WAIVER
Each Party understands it is possible, with regard to the claims released in Paragraph 5.02 above, by entering into this Agreement and the Release provided for herein, that unknown losses or claims exist or present losses may have been underestimated in amount or severity, and explicitly took that into account in determining the amount of consideration given in the making of this Agreement. Thus, with respect to such unknown claims or losses, each Party knowingly and voluntarily waives any and all rights under California Civil Code § 1542, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING

PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

It is hereby acknowledged and understood by the Parties that the foregoing waiver of California Civil Code section 1542 was separately bargained for, and shall be given full force and effect in accordance with each and all of the terms of this Agreement.

Section 5.06 No Admission of Llablllty. The Parties acknowledge and agree that this Agreement shall not in any way be construed as an admission by either Party as to fault, or liability as to any other Party, person, or entity. This Agreement is solely for the compromise of disputed claims, and for the continuation of M&V and Support Services as provided herein for the Term of this Agreement.

Section 5.07 Public Records Act Disclosure. In the event that the City receives a request to inspect or copy this Agreement, or any portion of this Agreement pursuant to California's Public Records Act, the City shall notify Contractor within ten (10) days following receipt of such request. The City and Contractor shall exercise good faith efforts to determine whether all or any portion of this Agreement may be exempt from disclosure pursuant to the Act. In the event the City and Contractor cannot agree as to the disclosability of any or all of this Agreement, Contractor shall be DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 39
entitled to seek, at Contractor's sole cost and expense, a judicial determination as to the disclosability of this Agreement, or any portion thereof.

ARTICLE 6. SUBCONTRACTORS
Section 6.01 Authority to Subcontract. Contractor may delegate its duties and performance under this Agreement, and shall have the right to enter into agreements with any subcontractors and other service or material providers as Contractor shall select, with the approval of the City Manager, to perform the Work hereunder. Any subcontract between Contractor and a subcontractor must be consistent with the provisions of this Agreement. Contractor shall not be required to enter into any subcontracts with parties whom Contractor has not selected or subcontractors whom Contractor has objection to using.

Section 6.02 Prompt Payment of Subcontractors. Contractor shall promptly pay, when due, all amounts payable for labor and materials furnished in the performance of this Agreement so as to prevent any lien or other claim under any provision of the law from arising against any City property, against Contractor's rights to payments hereunder, or against City.

Section 6.03 Responsibility. Contractor shall, at all times, be responsible for the negligent acts, errors and/or omissions of its subcontractors and agents. Nothing in this Contract shall constitute any contractual relationship between any others and City or any obligation on the part of City to pay, or to be responsible for the payment of, any sums to any subcontractors. Contractor acknowledges and agrees that any agreement it may enter with any of its subcontractors who perform services for Contractor is an agreement solely between Contractor and its subcontractor. City will not have any liability whatsoever under any agreement Contractor enters into with any of its subcontractors who perform services or other work as may be required hereunder this Agreement.

ARTICLE 7. WARRANTY/LIMITATION OF LIABILITY
Section 7.01 Contractor warrants to City that material and equipment furnished under this Agreement will be of good quality and new, unless otherwise specifically required or permitted by this Agreement. Contractor further warrants that its workmanship provided hereunder, including its subcontractors' workmanship, will be free of material defects for a period of one ( 1) year from the date installed ("Contractor Warranty").

Section 7.02 Unless otherwise specified, all warranties hereunder, including without limitation those for defects, whether latent or patent, in design, engineering, or construction, will terminate one (1) year from installation; and thereafter, Contractor will have no liability for breach of any warranty or for any latent or patent defect of any kind pursuant to California Code of Civil Procedure §§33 7 .15 and 338.

Section 7.03 Equipment and material warranties that exceed the one (1) year Contractor Warranty period will be provided directly by the equipment and/or material manufacturers and such warranties will be assigned directly to City, after the one (1) year period. During the one (1) year Contractor Warranty period, Contractor will be City's agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. Other than for lamps and ballasts, any material defects that are discovered within the one (1) year Contractor Warranty period, Contractor, or Contractor's subcontractors, will correct its defects, and/or Contractor will work with the equipment or material manufacturer as City's agent to facilitate the manufacturer's correction of the equipment or material defect. Such warranty services will be performed in a timely manner and at the reasonable convenience of City. If a warranty issue arises on any equipment or material installed after the one (1) year Contractor Warranty period, and the equipment or material has a warranty period that exceeds one (1) year, Contractor will contact the manufacturer directly to resolve such warranty issues and City acknowledges that the manufacturer will have sole responsibility for such issues.

Section 7 .04 The warranties in this ARTICLE 7 expressly exclude any remedy for damage or defect caused by improper or inadequate maintenance of the installed equipment by service providers other than Contractor or its subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized subcontractor, improper use or operation, or normal wear and tear under normal usage.

EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 7, CONTRACTOR MAKES NO OTHER WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. CITY WILL HAVE NO REMEDIES AGAINST EITHER CONTRACTOR OR ANY SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE WORK INSTALLED EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED ABOVE. SPECIFICALLY, NEITHER CONTRACTOR, NOR CONTRACTOR'S SUBCONTRACTORS OR VENDORS, WILL BE LIABLE TO CITY FOR LOSS DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 40
OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

ARTICLES. INSURANCE
Section 8.01 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City_ The insurance shall apply against claims whtch may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that services to be performed under this Agreement creates an increased or decreased risk of loss to the City, Contractor
agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. All insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shalf be as follows:

A. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subcontractors. if any, to do likewise under their workers' compensation insurance policies_ B. Commercial General Uability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.

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

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

Section 8.02 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

Section 8.03 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:

8.03(i)

8.03(ii)

8.03(iii)
For any claims related to this Agreement, Contractor's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor's insurance and shall not contribute with it.

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

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

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8.03(iv}

8.03(v}

8.03(vi}

8.03(vii}

8.03(viii)

8.03 (ix)

8.03(x)

8.03(xi)

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

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

Contractor agrees to ensure that subcontractors, and any other parties involved with the services provided to City pursuant to this Agreement, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged by Contractor will be submitted to the City for review.

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

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

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

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

Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the services performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement.

City
assumes no obligation or liability by such notice, but has the right (but not the duty} to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

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

Section 8.04 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique c[rcumstances.

Section 8.05 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 DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 42
require Contractor's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for 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:

1. "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).

2. "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).

3. "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.

4. 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.

ARTICLE 9. INDEMNIFICATION
Section 9.01 Indemnification and Reimbursement. 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, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or wrnful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. 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. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement.

ARTICLE 10. REPORTS ANO RECORDS
Section 10.01 Accounting 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 to enable the City Manager, or designee, to evaluate the performance of such Services. The City Manager, or designee, 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.

Section 10.02 Reports. Contractor shall periodically prepare and submit to the City Manager such reports concerning the performance of the Services required by this Agreement, or as the City Manager shall reasonably require. Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the City Manager the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the contemplated Work or Services.

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Section 10.03 Ownership of Documents.
(a) Ownership: Except as expressly provided herein, City shall not, by virtue of this Agreement, acquire any rights or interest in any formulas, patterns, devices, software, inventions or processes, copyrights, patents, trade secrets, other intellectual property rights, or similar items of property which are or may be used in connection with the Work. Contractor shall own all inventions. improvements, technical data, models, processes, methods, and information and all other work products developed or used in connection with the Work under this Agreement, including all intellectuaJ property rights therein. (b) License: Solely in connection with the Facilities, Contractor grants to City a limited, perpetual, royalty-free, non- transferrable license for any Contractor intellectual property rights necessary for City to operate, maintain, and repair any modifications or additions to Facilities, or equipment delivered, as a result of the Work. (c) Ownership and Use of Instruments of Service. All work, services, data, reports, proposals, plans, specifications, flow sheets, drawings, and products of the Work (the "Instruments of Service") furnished directly or indirectly, in writing or otherwise, to City by Contractor under this Agreement will remain Contractor's property and will be used only in connection with work or services performed by Contractor. Contractor will be deemed the author and owner of such Instruments of Service and will retain all common law, statutory and other reserved rights, including copyrights. The Instruments of Service may not be used by City for future additions or alterations to the Project or for other projects, without the prior written agreement of Contractor. Any unauthorized use of the Instruments of Service
will be at City's sole risk and without liability to Contractor. If City uses the Instruments of Service for implementation purposes, including additions to or completion of the Project, without the written permission of Contractor, City agrees to waive and release, and indemnify and hold harmless, Contractor, its subcontractors, and their directors, employees, subcontractors, and agents from any and all losses associated with or resulting from such use.

Section 10.04 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 City Manager. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization.

Section 10.05 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, and to the extent the applicable services were not provided on a fixed price, lump sum basis, Contractor shall provide City, or other agents of City, such access to Contractor's books, records, payroll documents, and facilities as City reasonably 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.

ARTICLE 11. ENFORCEMENT OF AGREEMENT
Section 11.01 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of 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.

Section 11.02 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.

Section 11.03 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as may be reasonably necessary, to cure the default by rendering satisfactory DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 44
performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 2.06 or Section 2.07.

B. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount identified in Section 2.01 (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided in this Agreement.

Section 11.04 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

Section 11.05 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

Section 11.06 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

Section 11.07 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. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

ARTICLE 12. LIMITATION OF LIABILITY
The liability of a defaulting Party will be limited to direct, actual damages. Except as otherwise expressly set forth herein, neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense (other than the guaranteed savings as set forth in Article 4 of this Agreement).

ARTICLE 13. FORCE MAJEURE
The performance of the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (financial inability excepted). Contractor shall notify the City Manager in writing of the causes of the delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, vandalism, labor or material shortages or unusual delays in delivery of equipment, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, similar cataclysmic occurrence, and/or acts of any governmental agency, including the City, a permitting agency or the local utility. Such circumstance will not constitute an Event of Default, and Contractor will be excused from performanc.e hereunder and will not be liable to the City for or on account of any loss, damage, injury or expense resulting from, or arising out of, such delay or prevention of performance. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement under this section.

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ARTICLE 14. ALTERNATIVE DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement, or the services contemplated by this Agreement (a "Dispute"), in the alternative of proceeding with legal action pursuant to Section 11.06 herein, either Party may, but is not required to, initiate the alternative dispute resolution process set forth in this ARTICLE 1414 by giving written notice to the other Party. Designated representatives for the Parties who have authority to settle the dispute and who are at a higher level of management than the persons with direct responsibility for administration of this Agreement, (the ·senior executives"), will schedule and hold a senior management conference within thirty (30) calendar days after notice of the Dispute in an attempt to resolve the Dispute and any other identified disputes or any unresolved issues that may lead to a dispute. If the senior executives are unable to resolve a Dispute or if a senior management conference is not held within the time provided herein, either Party may submit the Dispute to mediation.

If the Dispute is not settled by senior management conference, the Parties will endeavor to settle the Dispute by mediation through Judicial Arbitration and Mediation Services ("JAMS"), pursuant to their rules. Mediation is a condition precedent to non-binding arbitration. Once one Party files a request for mediation with the other Party and with JAMS, the Parties agree to conclude the mediation within sixty (60) calendar days after filing the request. Either Party may terminate the mediation at any time after the first session, but the decision to terminate must be delivered in person by the Party's representative to the other Party's representative and the mediator.

If the Dispute is not resolved by mediation within sixty (60) calendar days after the date of filing of the request for mediation, then resolution of the Dispute may proceed to non-binding arbitration. Either Party may initiate non-binding arbitration proceedings by giving written notice to the other Party and to JAMS. The following provisions apply to all non- binding arbitration proceedings pursuant to this ARTICLE 14: (i) the place of non-binding arbitration will be the JAMS office located in Ontario, California, or such other JAMS office closest to Palm Springs, California; (ii) one arbitrator will conduct the arbitral proceedings in accordance with JAMS's Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, currently in effect (" Arbitration Rules") (to the extent of any conflicts between the Arbitration Rules and the provisions of this Agreement, the provisions of this Agreement prevail); (iii) the Parties will submit true copies of all documents considered relevant with their respective statement of claim or defense, and any counterclaim or reply (in the discretion of the arbitrator, the production of additional documents that are relevant and material to the determination of the Dispute may be required); (iv) the arbitrator does not have the power to award, and may not award, any punitive, indirect or consequential damages (however denominated); all arbitration fees and costs are to be shared equally by the parties, regardless of which Party prevails, and each Party will pay its own costs of legal representation and witness expenses; (v) the award must be in the form of a reasoned award; and (vi) the Dispute will be resolved as quickly as possible, and the arbitrator will endeavor to issue the arbitration award within six (6) months after the date on which the arbitration proceedings were commenced.

ARTICLE 15. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION Section 15.01 Non-llabllity of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, In the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the tenns of this Agreement.

Section 15.02 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 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.

Section 15.03 Covenant Against Discrimination. In connection with its perfonnance 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 tennination; 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.

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ARTICLE 16. MISCELLANEOUS PROVISIONS
Section 16.01 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:

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

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

Section 16.02 Notice.

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

TO ENGIE SERVICES U.S.:

With a COPY TO:

TO CITY:

ENGIE Services U.S.
12980 Foster Street, Suite 400
Overland Park, KS 66213
Attention: Marilyn Cerra
ENGIE Services U.S.
500 12111 Street, Suite 300
Oakland, CA 94607
Tel: 415.735.9103
Attention: Contract Administrator
City of Palm Springs
3200 Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Tel: 760.323.8350
Attention: City Manager
Section 16.03 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes 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.

Section 16.04 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties.

Section 16.05 Severablllty. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable raw. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 47
their bargain or renders this Agreement meaningless.

Section 16.06 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees.

Section 16.07 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 otheiwise, upon any entity or person not a party to this Agreement.

Section 16.08 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.

Section 16.09 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

Section 16.10 Counterparts. This Agreement may be executed in counterpart (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which taken together shall constitute a single contract.

END OF AGREEMENT

SIGNATURES ON NEXT PAGE
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IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this Agreement by their duly authorized officers on the date first above written.

APPROVED BY THE CITY COUNCIL:

Date _____._l-___._.h"----"V_-___ zo~
Agreement No. ~tj'] Q
APPROVED BY CllY COUNCIL
4 15
APPROVED AS TO FORM:

By q ~~Gy~ amnger,
City Attorney
4 ~ Marcus L. Fuller, P.E., P.L.S.

Assistant City Manager/City Engineer
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CONTRACTOR
Titre:

Firm/Company Name
Post Construction Services Agreement
City of Palm Springs and ENGIE Services U.S.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. (This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of State of _____ __._ County of _______ _...ss County of _______ _...s. s On _________________ onc..-_______________ _
before me, before me, _____________ _
personally appeared personally appeared __________ _
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s). or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:
instrument.

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

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

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CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 4Ylll B 3 8 0 3 3 i i l J J l J • 2 B B e !ZN l J l J i l l • l ! ! 2 2 8 B L E E h l SIS ITT 11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.

WITNESS my hand and official seal.

Signat~tl (~
Signa/ure of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
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DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 52
Location
Munlcloal Plant -
Airport - All facilities Airport Fire Station #2
City Hall City Yard
Police Deot & Trainina Center
Sunrise Plant .. a
Leisure Center
Main Library
Pavilion Pool
Stadium
All Other Cltv Facilities -
Baristo Park
Convention Center
Desert Arts Center
Desert Highland Park Desert Wellness Park Demuth Park Downtown Parking Structure Downtown/ Palm Canyon Dr Everybody's Village Francis Stevens Park Fire Station #1 Fire Station #3
Fire Station #4
Jaycee Frey (Sheller)
Palm Springs Boxing Club
Palm
Canyon Theater
Ruth Hardy Park
Sunrise Park
Tahquitz Creek Golf Course Taxi Holding Building
Train Station
Victoria Park
Wastewater Treat Plant Admin.

Y
MCA
Misc. Medians and Roads

ATTACHMENT A

PROJECT LOCATIONS
ECM M1-A,
Area Sq ECML1, A, M2-A:

Ft B, l2: Municipal lighting Plant Cogen
& EMS
402085 236,098 X X
19,609 X X
31,963 X X
43,780 X X
53680 X X 87883 - .
15,155 X
33,920 X
20,200 X
39,248 X
16,906 X
544 098
n/a
264,479 X
5,073 X
n/a n/a
4,774 X
124,251 X
nta l(
13,199 l(
n/a
5,364 X
5,807 X
4,608 )(
3,617 )(
2,095 )I
15,100 )I
684
n/a
26,210 X
1,990 X 1,483 X
684
5,467 X
21,431 X
nta X
ECM M1-B,
M2-B: ECM W1:

Sunrise Plant Irrigation
& EMS
X X
--
X

X X X X
-
X
X
)I
X X X
X
l(
X
X
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 53
QTY
2 1
2 1
2 1
1 1
1 1
1 1
3 3
1 3
1 2
1 1
1 1
1 1

ATTACHMENT B

COVERED EQUIPMENT

ITEM DECRIPTION
PHWP 1 & 2 HIGH TEMPERATURE HOT WATER PUMPS
PHWP 1 & 2 CONTROLLER VFD / STARTER PUMP CONTROL
PHWP 3 &4 LOW TEMPERTURE HOT WATER PUMP
PHWP 3 & 4 CONTROLLER VFD / STARTER PUMP CONTROL
HX 1&2 HEAT EXCHANGERS PRIMARY HOT WATER SIDE ONLY

PRIMARY HOT WATER LOOP CHEMICAL CHEMICAL TREATMENT EQUIPMENT AND CHEMICALS FOR

TREATMENT PRIMARY HOT WATER LOOP ONLY - CITY COVERS SECONDARY SIDE
Engine oil DELIVERY, INSTALLATION, REMOVAL, DISPOSAL-CITY TO OBTAIN EPA WASTE GENERATOR NUMBER. CITY TO PAY FOR
DISPOSAL OF STOCKPILED WASTE OIL AS OF CONTRACT DATE.

EG-1 COGENERATION ENGINE

DIANE PANEL CONTROLLER FOR ENGINE OPERATION/ SOFTWARE
PLC (CP-1) & ALL ASSOCIATED ENGINE INTERFACE FOR DIANE CONTROLLER/ PLC SOFTWARE ONLY

RELATED SENSORS & ACTUATORS
CB (LOCATED IN GMS 480V PANEL) TRANSFER INTERLOCK CIRCUIT BREAKER FOR ENGINE

SCR CONTROLLER CONTROLLER FOR EMISSIONS

SCR CATALYSTS SCR CATALYSTS/ LOCATED IN MEZZANINE

OXIDATION CATALYSTS OXIDATION CATALYSTS/ LOCATED IN MEZZANINE

EMISSIONS CONTINUOUS REPORTING DEVICE FOR ENGINE EMISSION

MONITORING SYSTEM (CMS)

GAS CYCUNDERS CALIBRATION GAS FOR CMS CONTROLLER

UREA REACTANT UREA FOR EMISSION REDUCTION

UREA PUMPS TRANSFER DEVICE FOR UREA (REACTANT BOOSTER PUMPS)

UREA PUMP CONTROLLER REACTANT CONTROL
CV-20 CONTROL VALVE
CV-14 CONTROL VALVE
CV-15 WAX VALVE
CV-17 CONTROL VALVE

ENERGENIUS BATTERY CHARGER
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 54
0 •
ATTACHMENT 81

COVERED EQUIPMENT DIAGRAM
1@11 1@}1{
l@li
1/
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 55

ATTACHMENT C

STANDARDS OF OCCUPANCY AND CONTROL
The following standards are a guideline used to evaluate the energy conservation measures in this program. It is understood that existing and installed equipment may not allow for exact times and temperatures to be met, but every effort will be made to meet the below standards as closely as the equipment allows.

Existing Proposed
Occupied Heating Cooling Occupied Heating Cooling Building I HVAC Occupied/ Occupied/ HVAC Occupied/ Occupied/ Area Served Schedule Unoccupied Unoccupied Schedule Unoccupied Unoccupied Temperature Temperature Temperatures Temperatures Mon-Fri: 24 Mon-Fri: 24
Airport hrs/day 72° 74° hrs/day 72• 74° Sat-Sun: 24 Sat-Sun: 24 hrs/dav hrs/dav
Mon-Fri: 24 Mon-Fri: 07:00 Airport Fire hrs/day 68° 74° -18:00 68°/55° 74°/85° Station (MZ-1} Sat-Sun: 24 Sat-Sun: Off hrs/day Mon-Fri: 24 Mon-Fri: 24
Airport Fire hrs/day 68° 74° hrs/day 68° 74° Station (MZ-2) Sat-Sun: 24 Sat-Sun: 24 hrs/dav hrs/dav
Mon-Fri: 07:00 - Mon-Fri: 07:00
City Hall 19:00 68° 74° -19:00 68°155• 74°/85°
Sat/Sun: Off Sat/Sun: Off
Wed: 17:00- Wed: 17:00-
City Hall (MZ- 24:00 68° 74° 24:00 68°/55° 74•190• 2) All other times: All other times:

Off Off
Mon-Fri: 24 Mon-Fri: 06:00
Leisure Center hrs/day sa· 74° -22:00 68°/55° 74•190• Sat-Sun: 24 Sat/Sun: 08:00 hrs/day -20:00
Mon-Sat: 07:00 Mon-Sat:

Library - 22:00 ea· 74° 07:00 - 22:00 68°/55° 74°1a5•
Sun: Off Sun: Off
Mon-Fri: 24 Mon.Fri: 06:00
Pavilion hrs/day sa· 74° - 22:00 68°/55° 74°/90° Sat-Sun: 24 Sat/Sun: 08:00 hrs/day - 20:00
Police Mon-Fri: 24 Mon-Fri; 07:00
Department hrs/day s8· 74• -19;00 sa•I55• 74°/85° Sat-Sun: 24 (AH-1 & AH-4) hrs/dav Sat/Sun: Off Police Mon-Fri: 24 Mon-Fri: 24
Department hrs/day 68° 74° hrs/day 68° 74° Sat-Sun: 24 Sat-Sun: 24 (AH-2 & AH-3) hrs/dav hrs/day Mon-Fri: 24 Mon-Fri: 07:00
Police Training hrs/day 68'" 74° -18:00 68°/55° 74°/85° Sat-Sun: 24 hrs/dav Sat/Sun: Off
General Notes:

1. Airport Fire Station MZ-2 Serves front reception area and surrounding offices

2. City Hall MZ-2 serves Council Chambers

3. Police Department AH· 1 & AH-4 serve basement, storage, conference room, and large lobby area on North/East portion of building.

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4. City will cooperate with Contractor to further trim space conditioning times in order to increase Energy Unit Savings.

Municipal Plant Assumptions on Operation & Control:
a Municipal Cogeneration Plant will generate electricity via natural gas engine generator, chilled water via double effect absorption chiller via reclaimed heat from the engine generator and with supplemental firing of a natural gas burner section and heating hot water through the absorption chiller via heat reclaimed from the engine generator with supplemental firing of a natural gas burner section. • Engine Generator will be operated continuously 24 hours per day 7 days per week. Annual maintenance will occur during the month of February and will not exceed one month.

Q Contractor will update the detailed economic model for the cogeneration plant which will be based on measured equipment performance. This model will be used to evaluate the economic feasibility of operating the cogeneration plant on a month by month basis using current input data. In the event that the model demonstrates that it has become uneconomic to operate the cogeneration plant; Contractor will recommend that the cogeneration plant be idled or throttled to minimize a negative economic impact to the City. Such situations will be consldered a Change in Energy Use Factor as described herein.
a Post retrofit, for the buildings connected to the heating and cooling loops (except County Admin Building) from the Municipal Cogeneration Plant, all of the building heating and cooling requirements will be supplied by the Municipal Central Plant with the absorber being the lead equipment for both heating and cooling. Should the heating load requirements exceed the output of the absorber then the Municipal Plant boilers will operate. Should the cooling load exceed the output of the absorber in combination with the thermal energy storage system, then the Airport chiller(s) will be enabled to assist in meeting cooling loads on the loop. • Engine generator has a turndown Ratio of 50% and will operate to follow the electrical load. • Absorber:
o The absorber has a max capacity of 450tons however only up to 290tons may be reclaimed from the engine exhaust heat the rest is supplemented by natural gas. o If cooling load is less than 90 tons, the absorption chiller will be operated in heating mode only, no cooling. (Cooling load includes supplementing the TES charge capacity) o If the cooling load is greater than 90 tons the absorber will operate to satisfy the cooling first and any additional capacity will go towards offsetting heating load. o If the cooling load exceeds the total reclaim capacity (291 tons) then the chiller shall operate with supplemental firing using natural gas.
o The thermal energy system (TES) shall call for charge upon drop in stored capacity below 1850 tons-hours or upon rise of the TES chilled water supply temperature above 41 degF (+/- 2 deg as dependent to satisfy site load).

DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 57
eNGie
Conrad Newberry, .Jr., P,E. 150 E. Colorado Blvd., Suite 360 Regional Operations Director Pasadena, CA 91105
951- 335-4678
[email protected]

CERTIFICATE OF FINAL COMPLETION
Customer: City of Palm Springs Customer Project No.: --=- C-=U...:. 1,;:;_ 36:::...1=--------- Project No.: ....:A:....:.C=-:..:. HC-=-=N~32:::2:..:6:....:. 1 _______ Final Contract Price: _ .a.,. $ 1_9..,_,3....;3,.;., 7=,2=8 .c...._ O ____ _ Date of Final Completion: 1-30-20 ftncludes All Change Orders) Date of Substantial Completion: 7-31-2015 Project Title:
(Start of Warranty Period) City of Palm Springs _...:;.. ___ ---'- -=------------ Project Work Includes:
(Excluding on-going measurement & verification services, OM/PM Work Location / Building:
services and energy education)
Lighting, Controls, Cogen plant municipal,
Sunrise central plant, Utility sub-metering, Water
management.

City of Palm Springs
Customer and Engie Services U.S. hereby acknowledge, confirm, and agree that:

1. The Work performed under the Agreement between Customer and Engie Services U.S. identified above ("Agreement") has been inspected by authorized representatives of the Customer and Engie Services U.S. and Customer has accepted the Work performed as complete as of the date identified above.

2. All punch list items associated with the Work have been satisfactorily completed. Engie Services U.S. provided Customer with all final documentation required by the Agreement and Contract Documents.

3. Customer and Engie Services U.S. hereby certify that all Work performed has been completed in accordance with the Contract Documents and the Project has achieved Final Completion in accordance with the terms of the Agreement.

4. Upon execution of the Certificate of Final Completion, Customer agrees to pay Engie Services U.S. all remaining monies due, including all remaining retention withheld by Customer.

IN WITNESS WHEREOF, the parties hereto have executed this Certificate of Final Completion as of the day and year of the date of Final Completion written above.

GENERAL CONTRACTOR: CUSTOMER:
(Authorized Represflfllalive)
Name: Conrad Newberry, Jr., P.E.
(Please Prlnl)
. t::>oY H\ R~o.. du
(Please Print\
Title: Regional Operations Director
Date: 1-30-20
Title:

Date: (~~r:;;r
Copy: Job File
Rev.: 01/ 18/18 Page 1 of 1 Certificate of Final Completion

ATTACHMENT D

Item 1L - Page 58
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 59
AMENDMENT NO. 1 TO THE POST CONSTRUCTION SERVICES AGREEMENT

BETWEEN THE CITY PALM SPRINGS AND
ENGIE U.S. SERVICES, INC.

1. Parties and Date.

This Amendment No. 1 to the Post Construction Services Agreement is made and entered into as of this First day of July 2021, by and between the City of Palm Springs {"Cityn) and ENGIE U.S., Inc., a Delaware corporation with California State Contractor's License Number 995037 with its principal place of business at 12980 Foster Street, Suite 400, Overland Park, KS 662:t 3 ("Contractor'). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties."

2. Recitals.

2.1 Agreement. The City and Contractor have entered into an agreement entitled "Post-Construction Services Agreement dated January 30, 2020 ("Agreement' or "Contracr) for the purpose of retaining the services of Contractor to provide to provide certain operation and maintenance services related to the City's Municipal Co-Generation Plant located at City Hall.

2.2 Amendment. The City and Contractor desire to amend the Agreement to include additional maintenance and operation supervision, and monitoring services of the Building Automated Systems (BAS) controls related to the City's Municipal Co-generation Plant located at City Hall and the Sunrise Central Chiller located in Sunrise Plaza.

2.3 Amendment Authoritv. This Amendment No. 1 is authorized pursuant to Section 16.04 of the Agreement.

3. Terms.

3.1 Definitions. Article 1 of the Agreement is hereby amended to include the following:
ucontrols Support Servicesn means the Building Automated Systems {BAS) and controls support services to be performed by Contractor in accordance with the terms and subject to the conditions of the Agreement."
"Controls Support Services Feen means an annual fee payable in advance in quarterly installments by City to Contractor. The fee schedule is as follows:
55575, 18165\32972087. I
07132021
_
929AM
_
tmr
Year Start End Annual Fee
Page I of21
Quarterly
Installments
Revised: May 2020
DocuSign Envelope ID: 93DE8A82-C958-4859-A6A8-47A48D6F2F54 Docusign Envelope ID: C187C451-73D6-403E-B675-0CE1581E58F7 Item 1L - Page 60
1 7/1/2021 3/31/2022 $22,914 $7,638
2 4/1/2022 3/31/2023 $31,467 $7,867
3 4/1/2023 3/31/2024 $32,410 $8,103
4 4/1/2024 3/31/2025 $33,383 $8,346
5 4/1/2025 3/31/2026 Subject to re-price.
6 4/1/2026 3/31/2027 Subject to re-price.
7 4/1/2027 3/31/2028 Subject to re-price.
8 4/1/2028 3/31/2029 Subject to re-price.
9 4/1/2029 3/31/2030 Subject to re-.price.
"Chiller Maintenance Services" means the chiller maintenanGe services to be performed at the Sunrise and Municipal Plants by Contractor in accordance with the terms and subject to the conditions of this Agreement.
"Chiller Maintenance Services Fee" means an annual fee payable in advance in quarterly installments by City to Contractor. The fee schedule is as follows:

Year Start End Annual Fee Quarterly Installments
1 7/1/2021 3/31/2022 $16,944 $5,648
2 4/1/2022 3/31/2023 $23,271 $5,818
3 4/1/2023 3/31/2024 $23,968 $5,992
4 4/1/2024 3/31/2025 $24,687 $6,172
5 4/1/2025 3/31/2026 Subiect to re-orice.
6 4/1/2026 3/31/2027 Subject to re-price.

3.2 Section 2.01 Maximum Contract Amount. is hereby amended in its entirety to read as follows:
"Section 2.01 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with Section 2.02. Compensation for required services (excluding any optional services pursuant to Section 2.04) shall not exceed the maximum annual contract amount of Seven Hundred Twenty-Eight Thousand Eight Hundred Forty-Three Dollars, ($728,843) (the "Maximum Contract Amount') with an annual escalation of three percent (3%), except as may be provided under Section 2.04.

The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk that the scope of services identified in ARTICLE 3 may be more costly and/or time-consuming than Contractor anticipates, and that

Page 2 ends

Palm Springs City CouncilNovember 21, 2024

Palm Springs City Council
November 21, 2024