Palm Springs City Council
January 23, 2025

Updated 09/2024
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ADMINISTRATIVE SERVICES AGREEMENT
FOR CSA 152 NPDES PROGRAM

BETWEEN

COUNTY OF RIVERSIDE AND CITY OF PALM SPRINGS

The Administrative Services Agreement for CSA 152 NPDES Program (“Agreement”), entered into as of this _____ day of _________ 2025 by the COUNTY OF RIVERSIDE (“COUNTY”) and the CITY OF PALM SPRINGS (“CITY”) (individually “Party” and collectively “Parties”) establishes the responsibilities and obligations of each Party concerning the management and financing of COUNTY SERVICE AREA 152 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“CSA 152”).

RECITALS
WHEREAS, Congress in 1987 added Section 402(p) to the Federal Clean Water Act (CWA) [33 U.S.C. 1342(p)]; and,
WHEREAS, Section 402(p) requires certain municipalities, construction and industrial facilities to obtain a National Pollutant Discharge Elimination System (NPDES) Permit before discharging storm water into the waters of the United States; and, WHEREAS, COUNTY and CITY have obtained or will obtain the appropriate municipal NPDES Permit as applicable for each of the three watersheds of the County of Riverside; and, WHEREAS, COUNTY has formed CSA 152 to finance a portion of its programs and obligations associated with the municipal NPDES Permits and individual General NPDES Permits; and,
WHEREAS, cooperation between COUNTY and CITY in the administration and implementation of the NPDES Permits is in the best interests of COUNTY and CITY; and, WHEREAS, CITY was formally annexed into CSA 152 by COUNTY Resolution No. 93- 454 on December 21, 1993; and,
WHEREAS, COUNTY and CITY are to perform certain duties prescribed in this Agreement that will benefit all Parties;
Item 1P - Page 6

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NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. DELEGATION OF RESPONSIBILITIES. The responsibilities of each Party shall be as follows:
a. CITY shall assume the responsibilities and meet the requirements of CSA 152 administration for CITY by:
i. Providing additions to previous year’s tax roll (if any) to be placed on the upcoming fiscal year tax roll.
ii. Providing agenda item approving Benefit Assessment Unit (BAU) Levy and CITY’S CSA 152 budget for each fiscal year.
iii. Notify COUNTY of any changes to Tax Rate Area of individual parcels to be placed on Tax Roll.
iv. Research parcels that were rejected from list of Assessor Parcel Numbers (APNs) submitted to COUNTY.
v. Notify COUNTY of any corrections to rejected parcels to be placed on Tax Roll prior to Auditor Controllers deadline for submittal of APNs. vi. Submit to COUNTY requests for reimbursement of actual expenditures incurred under provision of approved CITY CSA 152 budget. b. COUNTY shall assume the responsibilities and meet the requirements of CSA 152 administration for COUNTY and CITY by:
i. Forwarding of APNs received from CITY to Auditor Controller to be placed on Tax Roll.
ii. Notify CITY of any rejected parcels.
iii. Forward CITY’S corrections of rejected parcels to Auditor Controller. iv. Provide spreadsheet of CSA 152 assessments placed on tax roll and fiscal year financial summary.
v. Collect assessment for CSA 152 on behalf of CITY.
vi. Reimburse CITY for actual expenditures incurred under provision of approved CITY CSA 152 budget.

Item 1P - Page 7

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2. FEES AND PAYMENT. COUNTY shall administer CSA 152 for the benefit of COUNTY and CITY. COUNTY shall charge six (6%) percent of new CITY CSA 152 annual revenue for administration.

3. TERM OF AGREEMENT. The term of this Agreement shall commence on the date the Agreement is approved by the COUNTY. This agreement duration shall be for a period of five (5) years from the date of execution and with two (2) two-year renewal options subject to the written consent of both Parties.

4. WITHDRAWAL FROM AGREEMENT. Either Party may terminate this Agreement thirty (30) days after submitting written notice to the other Party. In the event termination becomes effective, termination shall constitute forfeiture by the terminating Party of its share of costs and administrative fees paid as described in Section 2 of this Agreement up to the effective date of termination. The terminating Party shall be responsible for all lawfully assessed penalties as a consequence of termination.

5. AMENDMENTS TO THE AGREEMENT. This Agreement may be amended by mutual consent of the Parties to the Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by the duly authorized representatives of the Parties.

6. GOVERNING LAW AND SEVERABILITY. This Agreement will be governed and construed in accordance with laws of the United States and the State of California. Any conflict between the terms of this Agreement and the provisions of such laws and regulations, the latter shall control. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired hereby.

7. CONSENT TO BREACH NOT A WAIVER. No term or provision hereof shall be deemed waived and no breach excused, unless such a waiver or consent is in writing and signed by the Party so waiving or consenting. Any consent by any Party to, or waiver of, a breach by the other Party, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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8. APPLICABILITY OF PRIOR AGREEMENTS. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter; all CSA 152 prior agreement, representations, customs, usage, statement, negotiations, and understandings are superseded hereby.

9. HOLD HARMLESS. Each Party shall indemnify and hold harmless the other party from liability or damages resulting from its own acts or omissions including those of its officers or employees in the performance of this Agreement.

10. AUTHORIZED SIGNATURES. The Parties warrant and represent that the individuals signing this Agreement on their behalf can and do bind the Parties to the terms of this Agreement.
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IN WITNESS WHEREOF, this Agreement has been executed as of the day and year first above written.

COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS
On behalf of CSA 152

_________________________ ________________________
Chairman, Board of Supervisors City Manager

Approved as to Form Approved as to Form County Counsel City Attorney

BY______________________ BY______________________

ATTEST: ATTEST:

Clerk of the Board City Clerk

BY_____________________ BY_____________________

G:\CSA\CSA 152 NPDES\Admin Services Agreements 2025\City of Palm Springs Item 1P - Page 10

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: APPROVE COOPERATIVE PURCHASE AGREEMENT 24C405 WITH

BRINDLEE MOUNTAIN FIRE APPARATUS, LL C FOR EMERGENCY

VEHICLE SERVICES

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Cooperative Purchase A greement 24C405 with Brindlee Mountain Fire Apparatus, LLC in the amount of $925,000 for emergency vehicle services, including refurbishment of fire engines, and rental/lease of fire engines for an initial two- year term commencing on January 27, 2025, and continuing through January 26, 2027, with two additional one-year renewal options.

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement 24C405 (Attachment A) with Brindlee Mountain Fire Apparatus, LLC to provide emergency vehicle services in an amount not to exceed $925,000 for the initial two -year term beginning January 27, 2025, through January 26, 2027, with two one- year extension options at the City’s sole discretion;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B), Brindlee Mountain Fire Apparatus, LLC, is registered in the state of Delaware.

BACKGROUND:

The Public Works and Fire Department require the services of an emergency vehicle services vendor to provide fire engine refurbishment and rental services during the refurbishment to assist in department operations. The City most recently purchased three fire apparatus in January of 2024; unfortunately, current build timelines for these units are Item 1Q - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Approve Cooperative Purchase Agreement 24C405

estimated between four and five years. The aging fire apparatus and extended downtimes for repair services of existing fleet is affecting daily operations for the Fire Department.

The City’s fleet of fire engines (manufactured by Pierce Manufacturing) requires that any required heavy mechanical maintenance or repairs be performed by Pierce’s authorized regional vendor – South Coast Emergency Vehicle Service (“South Coast”). This has resulted in extended downtime for repairs, leaving the Fire Department short fire engines to ensure efficient responses for public safety.

STAFF ANALYSIS:

In accordance with City of Palm Springs Municipal Code Section 7.09.010, “Cooperative Purchasing Programs,” the Department of Public Works is proposing to enter into a Cooperative Purchase Agreement for emergency vehicle services, including refurbishment and rental and lease services under Sourcewell Cooperative Contract 120921-BLE, Brindlee Mountain Fire Apparatus, LLC.

Staff has reviewed the cooperative contract pricing and finds that Brindlee Mountain Fire Apparatus, LLC pricing is in line with the Sourcewell contract and recommends the approval of the Cooperative Purchase Agreement No. 24C405, in the amount of $925,000.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024- 25 in Fleet Operations Account 5106560-50105, and 5106560-60020.

Item 1Q - Page 2
City Council Staff Report
January 23, 2025 -- Page 3
Approve Cooperative Purchase Agreement 24C405

REVIEWED BY:

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

ATTACHMENTS:

A. C ooperative Purchase Agreement 24C405
B. Public Integrity Disclosure

Item 1Q - Page 3

ATTACHMENT A

Item 1Q - Page 4

4.13.2023

COOPERATIVE PURCHASE OF EMERGENCY VEHICLE SERVICES
AGREEMENT NO. 24C405

This Cooperative Purchase of Emergency Vehicle Services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Brindlee Mountain Fire Apparatus, LLC , a Delaware limited liability company with its principal place of business at 15410 US-231 Union Grove, AL 35175 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited Sourcewell Contract No. 120921-BLE (“Cooperative Agreement”). b. The City desires to purchase emergency services vehicles solutions attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety. c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. The term of this Agreement is 2 years beginning on the date provided in the Notice to Proceed for the City’s Public Works Department. The parties may mutually extend the term of this Agreement for up to 2 additional 1-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term of the then-current Option Period.

3. Compensation and Payment. This Agreement is for an amount not to exceed $925,000, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B” , the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

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

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

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6. Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

IF TO THE CITY: IF TO THE CONTRACTOR:

City of Palm Springs Firetrucks Unlimited LLC
Attn: Daniel Martinez Attn: Stuart Reyburn
Title:

Assistant Director of Maintenance and Facilities Title: Sales Executive Address: 425 N Civic Drive Address: 1175 Center Point Dr.

Palm Springs, CA 92262 Henderson, NV 89074
Phone: (760) 322-8348 Phone: (702) 832-0255

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

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9. Changes. In the event any change or changes in the work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

11. Covenant Against Discrimination . In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

Item 1Q - Page 7

4.13.2023

12. Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Attachment “D” (Russian Sanctions Certification), attached hereto and incorporated herein by reference.

Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

13. Entire Agreement. Th is Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]

Item 1Q - Page 8

4.13.2023

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF EMERGENCY VEHICLE

SERVICES AGREEMENT

BETWEEN THE CITY OF PALM SPRINGS

AND BRINDLEE MOUNTAIN FIRE APPARATUS, LLC

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature

(2nd signature required for Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

By: _____________________________ Date: ____________________________ 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 1Q - Page 9

4.13.2023

ATTACHMENT A

SCOPE OF WORK
Contractor shall provide the following services in accordance with Sourcewell Cooperative Agreement No. 120921-BLE, including:
- Used Apparatus Purchases
- Apparatus Rental/Lease
- Buy-Back Program
- Refurbishment
- Collision Repair
- Ambulance and Fire Apparatus Remounts
- Pump Test
- U.S.D.O.T Inspection
- Used Apparatus Sales
Contractor shall provide the above services to City for a contract amount not to exceed $925,000, in accordance with Attachment B Quote/Pricing.

Item 1Q - Page 10

4.13.2023

ATTACHMENT B

QUOTE / PRICING

Item 1Q - Page 11

BR NDL E MOUNTAIN
B
• Prtctlg paid t,' C=nErfrr ~Jc!6 i!. ser.{oe,s
• Prtctlg reo?l'iEd tJy CW:001el lbr proc1i.Kts
Sourcewe lll Customer IPric rng
I I Example List I Customer I
!\pparat us Type Price Di scount I I Customl!'r
Appara tus Type Example List Price Disco unt
Purcha se of a Used Fira Appa ratus rrom BM FA Inventory P,urchase of a. Used Fire Appara tus Listed through BM FA"s IBrokerag e Service Ptnp!f!eogtle U&l pf1ol! 5-111% l'Uflllef,'ef1!11l!'
lnltlal att.D U&l pf1ol! 5-111% -,r.1a1 atta<:t
Mcu::e•A'aier91DIMY U&l pf1ol! 5-111% MDl:tl!! •-~
AEf!al Uiil l!dOe 5-111%
-CRmt U&l pf1ol! 5-111% Qjmf.

Spedal 6el'ICce U&l pf1ol! 5-111% ~aloH ,1l:e
COOlmif:la & rorrmm 1caaans U&l pf1ol! 5-111% COOl!'ala & canmurut.111ans P~lt r.refl\tl!r,g Drre6Wi!'llal lers U&l pf1ol! 5-111% l'Ulp!l6E'-bt111 Rre11;Jlllfng or reiaJe lrallers l'l[da:ia :re~ U&l pf1ol! 5-111% 1\!llfananre~
....-cran-&-n tilna\ ~lies U&l l!dOe 5-111% Ml:ralre6W!!&"""""""' •o'El1Jd'es Reroie1roots U&l l!dOe 5-111% Rescue11Vln
Alroulance & tran6pClt L111l6 U&l pf1ol! 5-111% /lmblla:ice&~Llllls IE..apean & Pacl:lo ~m ~~ nra ~ U&l pf1ol! 5-111% Blropea,, & Paille Rm 6l)t2 nre ~ IIOC.a1!oru;llrudlr; U&l pf1ol! 5-111%
--
Pump Test i210 S::!O
US DOT Inspect ion ~125 S35
e l,17 5-JID 10.5%
AE!fits & QJmtr; ~350 10.5%
1'11:darta & Bl1Ell tnl:k6 lo 1JS.-1&J per Inf 10.5%
--& gtil ng\~lie& l,,."00-JID per Inf 10.S%
1Refo rbishment as a Service (RaaSI
I=~
s, •~ pe!" llour 1~1:00.1 U&l pf1ol!
:Remo unt as a Service
I=~
s,~~r 1·10 :00.1
Collision Repair
llaoof rale6 s, -0 pe!" tiour
ll,1:00.I : P.ar',i; t. coiqxir,ents U&l pf1ol!
Apparat us Buy Back
l1naea:se a.-er I Pm:e U&l pf1ol! S%
Sell Used Fire Apparatus to BM FA
l1rtaea:se a.-er 161 ~ ce U&l pf1ol! S%
Sell Used Fiire Appara tus through BMFA"s Broke r~e Service 111'l\. :;5'11;
7%
5%
Vol um.e disco unt for brokera~ sen,,ices
l'lll e n a P. ~ClJ>a g Ei llly IS1s Its follltll flre parattJs wltn BMf A. ea.c. tier Of Ille ,comml!iSIO scneiai le w111 be rE<loced bJ· one p eentag e J)Dfnt fo r mat art!Clpa:J g IEntlt)' ror Ille du ra.:Joo or m e soorce..-e 11 ,co Ira.ct. vtnen :r.e : em: nre a;,parati,s 16 s1e~ ea.c. ti er or :lie commlS6 IO scn e< ule w111 be red ucea bJ an all(II on oo e pereemtag e p ~ ror a :ota l or t,,.o pllfnts., mr t ai P.aruci ,pa g E rt'.lly ror til e d!Ia on or I e sou r,ce•· coo tra c1. TlleE-e dl6C<lun;ts w l t,,e app e d retro active ly l o . trucks t em :E<d fo r 111at l'ali11Clpa:J g IEntlt)'. .oOlie e lpmem1 116 ng6 are ,e-xelullled rrnm • e co..i t 1Dwalll 0111,aie dl6C<lu pdcl g.

O'A'ever. dl6CCU :esa tiroker .age ccm loos w l s I De ap, lea 1D Dlil!' e lpmemt ~ e ting Uer a.<S bee n reilClled t11ro1.19h o'.lle r catego~es .)
U&1prtce Negcf.laled
U&1 prtce Nega".lalad
U&111f!l:e Nega"Jatad
IJ&1nrfe,> ......... Jatad
U&1 prtce Nega"Jatad
U&1prtce Nega".lalad
U&1prtce Nega"Jatad
U&1 prtce Nega"Jatad
U&1 prtce Nega"Jatad
U&l lllfce ......... Jatad
IJ&l lllfce _,,,.Jatad
U&1prtce Nega".lalad
U&1prt'ce Nega"Jatad
U&1 prtce Nega"Jatad

4.13.2023

ATTACHMENT C

INSURANCE REQUIREMENTS

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

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

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
____x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall co mplete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item 1Q - Page 12

4.13.2023

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

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

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

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

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

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

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

Item 1Q - Page 13

4.13.2023

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

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

Item 1Q - Page 14

4.13.2023

ATTACHMENT D
EXECUTIVE ORDER N-6-22 CERTIFICATION

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1Q - Page 15

ATTACHMENT B

Item 1Q - Page 16
CITY OF PALM SPRINGS – PUBLIC IN TEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(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 _________________________________________________  Of ficer  Director  Member  Manager [name]
 General Partner  Limited Partner

Other ____________________________________
_________________________________________________  Of ficer  Director  Member  Manager [name]
 General Partner  Limited Partner

Other ____________________________________
_________________________________________________  Of ficer  Director  Member  Manager [name]
 General Partner  Limited Partner

Other ____________________________________
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Delaware
Item 1Q - Page 17
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

JANE DOE
[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 James Wessel 15.5%
Sovereigns Capital 64.5%
William Claunch 15.5%
Nate Smith 4.5%
Item 1Q - Page 18

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF PALM SPRINGS STADIUM BLEACHER PROJECT

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

Formal City Council acceptance of the Palm Springs stadium bleacher project is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with S ection 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as Palm Springs Stadium bleacher project, as completed in accordance with the Construction Contract;

2. Authorize the Director of Public Works to execute and file for recordation with the Riverside County Recorder a Notice of Completion ( Attachment A) for Palm Springs stadium bleacher project.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B) submitted on June 4, 2024, Nata Construction, Inc. is registered in the state of California.

BACKGROUND:

The Palm Springs Stadium (Stadium) located at 1901 E. Baristo Road is a 15,000 square foot baseball stadium with bleachers, locker rooms, offices, press box and dugouts.

Originally built in 1949 , the facility was then utilized by the California Angels Baseball Team for their Spring Training, and league baseball tournaments. The Stadium is currently utilized by Palm Springs Power Baseball Club, Inc., who has successfully coordinated its collegiate baseball program since 2004.

Item 1R - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Acceptance of Palm Springs Stadium Bleacher Project

On June 27, 2024, City Council approved Construction Contract 24B121 (Attachment C) with Nata Construction, Inc., for the purchase and replacement of bleachers at the Palm Springs stadium for an amount not to exceed $182,315.16.

STAFF ANALYSIS:

Demolition began on July 29, 2024, which included the removal of existing fencing that impeded on the installation of the new concrete slab. Prior to re-installation of the fencing material, it was determined that it had exceeded its useful life and would require replacement. In December 2024, Contract Change Order No. 1 ( Attachment D) in the amount of $1,295 was approved to allow for the purchase of new chain link fencing to be reinstalled.

The project was determined to be substantially complete on January 8, 2025, for a total contract amount of $183,610.16. Staff recommends that City Council accept the project as required by Section 9200 of the California Civil Code and authorize the Public Works Director to file and record a Notice of Completion to be submitted to the County.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the subject Project, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

The original contract amount was $182,315.16, and throughout the duration of the project the City entered into one contract change order for a total increase of $1,295 and a final construction cost of $183,610.16.

The City is holding retention in the amount of $9,180.51 for Nata Construction, Inc., pending the acceptance of improvements and filing of the Notice of Completion with the County Recorder’s Office.

Item 1R - Page 2
City Council Staff Report
January 23, 2025 -- Page 3
Acceptance of Palm Springs Stadium Bleacher Project

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Notice of Completion
B. Public Integrity Disclosure
C. Construction Contract 24B121
D. Contract Change Order No. 1

Item 1R - Page 3

ATTACHMENT A

Item 1R - Page 4

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
 Completion of the work of improvement as a whole.
 Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:

___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Recording Requested By:

When Recorded Mail To:

Item 1R - Page 5

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized
Agent”, “Partner”, etc.) o
f the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I decl
are under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date) , at _______________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
David McAbee: Director of Public Works
City of Palm Springs

PROOF OF SERVICE DECLARATION
a.
b.
c. 
_____________________________________________________________ (Signature of Person Making Service)

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

Witness my hand and official seal.
_____________________________________________
Signature
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.

Item 1R - Page 6

ATTACHMENT B

Item 1R - Page 7
Horacio Delatorre
Kevin Delatorre
Michael De La Torre
32564 Cullen Ct. Winchester, CA 92596
Item 1R - Page 8

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
NATA CONSTRUCTION , INC.

Address of Entity (Principal Place of Business)
607 LUIS ESTRADA RD BEAUMONT, CA 92223
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State

CALIFORNIA
If other than California , is the Entity also registered in California? D Yes D No Type of Entity
!&corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
~Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
~Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Item 1R - Page 9

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

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

Horacio Delatorre 50% NATA CONSTUCTION, INC.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Kevin De La Torre 25% NATA CONSTRUCT ION, INC.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.

Michael De La Torre 25% NATA CONSTRUCTION, INC.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)

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

Date

ATTACHMENT C

Item 1R - Page 10

AGREEMENT 24B121

SHORT FORM CONSTRUCTION CONTRACT
BLEACHER6 FOR PALM SPRINGS POWERS BASEBALL

STADIUM

1. PARTIES AND DATE.

This Contract is made and entered into this 1st day of July, 2024 by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Nata Construction, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Bleacher Installation related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City.

2.3 Project. City desires to engage Contractor to render such services for the Bleachers for Palm Springs Powers Baseball Stadium (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND PALM SPRINGS BUSINESS LICENSE as required by the Contract.

3. TERMS

3.1 Compensation and Payment.

3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor th e Total Contract Price of One Hundred Eighty- Two Thousand Three Hundred Fifteen and 16/100 Dollars ($182,315.16) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are st ored where indicated. Contractor may be 













 
Item 1R - Page 11

required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quanti ties, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of th e Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactor ily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.

3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontr actors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and 













 
Item 1R - Page 12

Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor pr omises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.2 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, includi ng all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
x Services/Schedule (Exhibit “A”)
x Special Conditions (Exhibit “B”)
x Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “C”)
x Public Works Contractor Registration Certification (Exhibit “D”) x Payment and Performance Bonds (Exhibit “E”)
x Executive Order N-6-22 Certification (Exhibit “F”)
x Addenda
x Change Orders executed by the City
x Invitation for Bids
x Contractor’s Bid

To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.3 Contractor’s Basic Obligation; Scope of Work.

3.3.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. Special Conditions, if any, relating to the Work are described in Exhibit “B” attached hereto and incorporated herein by this reference.














 
Item 1R - Page 13

3.3.2 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark- ups, field or home office overhead costs, in cluding personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.

3.3.4 Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall r equest a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.3.5 Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.4 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offe r for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating 













 
Item 1R - Page 14

data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustr ations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract by November 30, 2024, beginning the effective date of the Notice to Proceed (“Contract Time”).

Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of TWO HUNDRED FIFTY DOLLARS, $250.00 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.5.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contract or will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.

3.5.3 A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in 













 
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the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.6 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.

3.9 Labor.

3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City 













 
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shall provide Contractor with a copy of the preva iling rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any clai m or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.9.3 Hours of Work. Contractor is advis ed that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, th e Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a 













 
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bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “D” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.10.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area, or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as requi red by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.














 
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3.10.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has invest igated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, C ontractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1.

Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing 













 
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in the vicinity of the Project, as well as t he telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contract or shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or late nt physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.10.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to 













 
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exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.10.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.12 Claims; Government Code Claim Compliance.

3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utiliz ing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 













 
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3.12.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.

3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.12.4.3 Chronology of events and correspondence

3.12.4.4 Analysis of claim merit

3.12.4.5 Analysis of claim cost, in cluding calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s Response. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Clai m and, within a period not to exceed 45 days of receipt of the Claim, or as extended by mutual agreement, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written statement.

3.12.5.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt 













 
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requested, City shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.12.5.2 Within 30 days of receipt of a Claim, City may request in writing additional documentation supporting the Claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mu tual agreement of City and the Contractor.

City’s written response to the Claim, shall be submitted to the Contractor within 30 Days (if the Claim is less than $50,000, within 15 Days) after receipt of the additional documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.12.6 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, within 15 Days of receipt of City’s response or the City’s failure to respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

3.12.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any porti on of the Claim remains in dispute, City shall provide the Contractor a written statement ident ifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 Days after City issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the Parties agree to select a mediator at a later time.

3.12.7.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.12.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.12.7.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.12.7.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed.

3.12.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 













 
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1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.12.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 Days by both Parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.12.9.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.12.9.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.12.10 Government Code Claim Procedures.

3.12.10.1 This section does not apply to tort claims and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code.

3.12.10.2 In addition to any and all Contract requirements pertaining to notices of and requests for adjustments to the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

3.12.10.3 Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time, Contract Price, or compensation or payment for extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Govern ment Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor may not file any action against the City.














 
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3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may term inate this Contract pursuant to the termination provisions in this Contract; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.14 Indemnification.

3.14.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its official s, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (colle ctively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to such loss or damage which is caused by the sole or active negligence or willful misconduct of the City.

3.14.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or it s officials, employees, agents and authorized volunteers as part of any such claim, suit, acti on or other proceeding. Contractor shall also reimburse City for the cost of any settlement pai d by City or its officials, employees, agents and authorized volunteers as part of any such clai m, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.15 Insurance.














 
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3.15.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Cont ractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.15.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.15.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.

3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability:
$1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract. 













 
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3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, em ployees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, em ployees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.

3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.

3.15.4 Builders’/All Risk Policy Requiremen ts. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.














 
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3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investi gation costs, claims and administrative and defense expenses.

3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.

3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.16 Bond Requirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.2 Performance Bond. If specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a 













 
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form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any requir ed bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.














 
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3.18 Employee/Labor Certifications.

3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “C ” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is termi nated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.20 City Officers and Employees: Non-Discrimination.

3.20.1 Non-liability 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 terms of this Contract.

3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indire ct financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third par ty any money or other consideration in exchange for obtaining this Contract.














 
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3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, 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 orientat ion, gender identity, gender expression, physical or mental disability, or medical condition (each a “p rohibited 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 Contract, and in executing this Contract, 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 follo wing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

3.21 General Provisions.

3.21.1 City’s Representative. The City hereby designates Aaron Bergeson, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall EHVXEMHFWWRWKHUHYLHZDQGDSSURYDORIWKH&LW\
³ƍ&RQWUDFWRU¶V5HSUHVHQWDWLYH´
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approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this C ontract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contra ct or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business an d Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and 













 
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become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR: N
ATA CONSTRUCTION, INC.
32564 CULLEN CT.

WINCHESTER, CA 92596
ATTN: MICHAEL DE LA TORRE

CITY: CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
ATTN: CITY MANAGER & CITY CLERK
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.

3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.

3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.

3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.














 
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3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.21.14 Certification of License.

3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.21.17 Non-Waiver. None of the prov isions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.21.18 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

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















 
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SIGNATURE PAGE TO CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND NATA CONSTRUCTION, 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 Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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















 
 
 



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G DocuSigned by:

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~ DocuSigned by:

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~ DocuSigned by:

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EXHIBIT “A”

SERVICES / SCHEDULE

[SCOPE OF SERVICES]















 
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1.1 Background:

The City of Palm Springs is in need of new ADA-compliant bleachers at the Palm Springs Powers Baseball Stadium, located at 1901 E Baristo Rd, Palm Springs, CA 92262.

1.2 Scope:

A. Contractor shall furnish all parts, materials, tools, equipment, labor, and supervision to remove and replace approximately 122 feet of bleachers at the Palm Springs Powers Baseball Stadium, located at 1901 E Baristo Rd, Palm Springs, CA 92262.

B. The work requires design, engineering, permit processing, excavation, footings, connections, and installation of new ADA-compliant bleachers.

C. Contractor shall conduct site visits and handle mobilizations.

D. All work must conform to the City of Palm Springs Standard Drawings and Specifications and Standards for Public Works Construction (Latest Edition), or as directed by the City’s Project Manager.

E. The work includes but is not limited to the following:
a. Demolition and Disposal:
i. Contractor shall safely remove and dispose of existing 122 feet (LF) bleachers.
ii. Contractor is responsible for field verification before proceeding. b. Stamped Drawings for New ADA-Compliant Bleachers:
i. Contractor shall provide professional stamped drawings for 122 LF, 10-row bleachers.
ii. Designs must meet ADA compliance standards and local building codes.
c. Permit Processing:
i. Contractor shall the area for a reinforced concrete pad, as per local code requirements handle all necessary permit processing with the City of Palm Springs.
ii. Contractor shall ensure all permits are acquired before starting construction.
d. Excavation for Reinforced Concrete Pad Installation:
i. Contractor shall excavate the area for a reinforced concrete pad, as per local code requirements.
ii. Depth to be determined by concrete requirements and field verification.
e. Reinforced Concrete Pad Installation:
i. Contractor shall install a reinforced concrete pad, approximately 22' x 122' x 4" (subject to local code requirements).
ii. Process includes grading, compacting, and all necessary labor and materials.
iii. Field verification required for final specifications. 













 
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f. Bleacher Delivery and Offloading:
i. Contractor will receive and offload new bleachers at the project site. ii. Contractor will coordinate delivery with the project schedule. g. Bleacher Installation:
i. Contractor will provide, assemble, and install new aluminum angle understructure bleachers with the following specifications:

1. 8” Rise / 24'' Run

2. 2 x 10 anodized aluminum seat plank with poly end caps

3. Double 2 x 10 mill finish alum inum foot plank with aluminum end caps

4. 1 x 6 riser rows 2 - 9, and (2 ) 1 x 6 top row risers mill finish

5. (3) 4'-6" wide vertical aisle with mid aisle handrail

6. Chain link guardrail system

7. 8 Wheelchair spaces

8. Concrete wedge anchors

9. Submittals required for approval.

1.3 Schedule:

Work will commence on issuance of agreement and all work shall be completed by November 30, 2024.

1.4 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City. All invoices are to be sent as one document to: [email protected].















 
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ATTACHMENT G

BID FO,RM
INVITATtoN FOR lliHM (lli:iA jd-1 1),
BLEACHERS, FOR PALM' SPRINGS PO·W&R.$ BASEBALL ST AIDIIUiM Respoooing to this IFB for bleachers for the Palm Springs Powers Base ball Stadium, tl'le undersigned birldP.r runp~ a · ~grees ro provide the• s:ervl~e; 1ii1nd work in arccordan,ea wHh 1he sµecffic.at ions. Bidder pruv~ am:I agrees tu bnisih all abor, er:iutpment. mare1111a1s. supeMSiOt'I. and service necessary to comp lete said Work in accorda nce w ith 1he Specifications of the City ,of Palm Spri'ngs and will accept as. full payment therefore , tha following unit cost amounts The City of Palm Springs. will not acoe:pt .any additional charge6,, fees, etc. that a not already included or Incorpo rated In tM l!liel'OW Ui'nt costs. ·
ITEM IDESiC RIPTIONI UNIT ESTIMATED SUBT10TAL QUANTITY
1 Blcachera fo:r the rslm Springs rowers LUMP 1 Basebaa S:taa1um per scope .. SIJM $'182.3,15.16 TOTAL (Enter thi s amount in PltnetBid'-5) $182,315.1 B Attach Bleacne:r s pee1nca1 on afints . J fletails to this torm.

Firm Nome:. __ N_A_T_·A_C_O_N_S_T_--_R_U_C_T_IO_·_N--'--1 _IN_C!_. ______ _ DIR: Numlber: '100000'1913
controe/l>ro u,..,,., 943562 - B ~ /
S<!nalu1e of Aulhor"8d Person; ~<' 3
Printed Nami; iH o aclo, IDE!ilaiu,rre
llfle; Pr .. id"'71 ~

0.to 'f,. #

EXHIBIT “B”

SPECIAL CONDITIONS

ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.















 
Item 1R - Page 39

EXHIBIT “C”














 
Item 1R - Page 40
ATT ACHMIENiT H

CERTIFICATION
LJ\BOR CODE - SECTION 1861
I, the unders igned Contractor , am aware of the pro'!/isions of Seoti:on 3700, !t ~ .. of the Califo nia Labor Code which require every employer to be insured .against liabiltty for Workers Co.i\ipemsaitton ,or to undertake self-in!';11r.innP. in i:ir;CQrdance with the prov isions of thlil Cod , and I, the, underaig ned Contracior, agree to and will comp y wiU·1 sucf1 prov isions before commenclna the performa nce of the Work. on this Contract
Horacio Delatorre
Name (l¾i:nt)
President
Tilh:1 ,(f)n irtl)
NATA CONSTR UCTION, INC.

Contractor Name (Pr int}

EXHIBIT “D”














 
Item 1R - Page 41

ATTACHMENT I
~UBLIC WORKS CONTRACTOR REGISTRATION CERl lt-lUA I ION
Pursuant to ,Labor Code sections 11 i':2.5.5 and 1771, 1, al contractors and SUbQJntract:ors th1at wish to bid on, be listed in a bfd. propos;.:il, or enter into a contract to 1Pefform pub'lic work must be regi:stered wm1 the 0~1,R:Lriml:f1 t of Industr ial Relations . see l'fflP'./MiWW,dir,ca,goy/pub[lc­ w,rk§}Pubf iitWorl<s.html for adclilional information.

No bid wiU be aocep tedl, nor any contract enter-ed into without pr-oof of the contractor's ,:imd suooonhaotors' ,current regtstratlo:n with the !Department of Industrial Relations to rerform r11hllk:
work.

Comr~or haraby cernfieo th .it it is aware of the registration requl1rement:s Ht rorth in Labor Code sections 1725.5 and 1771.1 and f,s oorrently reg1istered as, a contractor with the Department ofi 11 nd ustrial RelaNons. 1
Namo of Cantrl!lci:or: NATA CONISTRUCTION, INC.

DIR Regis1ratlo n Numb,er; 1000001913
ID.IR Regiiiatratlon C.Xpir,!ltflm: tQ ... 30 - 2o 2-t.\ Smell Project C.Xempijon: __ Yeo~ or~ No
Unless Contractor f:s exempt pur-suarrt to the small project exempron, Cootraeter turthe'r acicnowl'edges ·

1. Ccnt:radn r ~t,~11 m~ lllili .ll current DlR. registrat ion for the duration of th project,

2. Contretjo r $'hall include Ule requirements. of Labor Code 5ecUons 1725, 5 and 11771 .. 1 in its contrac t wilh ::iutJc:urIt1actors and tmsure th•at all subr::omraotors are- r.~ lsterect at tM ti me of bid open ing and maintain A1giw.ition G'lal\ls for tha durauon of the project.

3. Failure to submit this form or comply with any of the above requirements may resu lt in a finding t hat ttle bid is non.respo:ns.ive.
1 If tho Project i3 exempt fl'(lm the contractor Mgi!b':elion requiremen~ pur~u nl. to ltte small project exemDtlOt'i IJnc:er labor Gode- Sections 12~.b and 1771.1. please mark "Yes· in response fo "Small P,roj;~I Ex;mplion,"






 


 




 














 
Item 1R - Page 42














 
Item 1R - Page 43

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

B~J nd #-7 26 52 6!1 0
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as "City") has awarded to NATA Constru ction , Inc - _ (hereinafter referred to as the "Contractor") an agreement for "' " ______ , CONTRACT SERVICES AGREEMENT
(hereinafter referred to as the "Project"). H-i- IFB .24.-11. Palm Sprin<J 3 PcvJer. B-3.seb-3.11 Blea,::her s WI-IEREAS. the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated . (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference: and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, NA.TA Con .c,t.rnctfon, Inc . , the undersigned Contractor and WESTERN SURETY COHPANY - as Surnty, a corporation organized and duly authorized to transact business unc:IAr th" laws of the State of California, ara hold and flrmlv bound unto the City in tho sum of ..,. ""' _ DOLLARS , ($ 1 82 , 3 E> · 16 ). said sum being not less than one hundrea percent r1 Wo/o) or me total amount of the Contract, for which amount well an(.! truly to be made, we bind ourselves, our heirs, executors and admini5trators, successors and assigns, jointly and 5everally, firmly by these presents. .. *" •· Ons Hund.r. ed Eighty T,10 Thousa nd Thre e Hu nd red Fi f tesn and 16/ 1 O O THE CONDITION OF THIS OBLIGATION lS SUCH, that , if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and ln the manner therein specified, and in all respects according to their lntent and meaning; and shall faithfully fulflll all obligations lncludlng the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance .. ,,f the work by City, during which time if Contractor shall fail to make full, complete, and satisfad:ory repair and replacements and totally protect the Clty from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfil.1 all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be. in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the City's option:















 
Item 1R - Page 44
(1)
(2)
(3)
Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or , Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder. the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project , less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term, "balance of the contract prie,'"e" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor .

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project If the City, when declaring the Contractor In default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.

The surety, for value receiVed, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
1 1th IN \NITNESS WHEREOF, we have hereunto set our hands and seals this ___ day of June 20 24
-------· -
(Corporate Seal)
t-JA'f,,, C:nnst .nw t .inn, Tn r .















 
Item 1R - Page 45
·· ········ ··········-'""· ---------------------- ...
(Corporate Seal)
vlESTER N SURETY COMPANY
Suret ,
. B¥ af.. ~ ),:n_ - . . . '
. Attomei-i=F~
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title Lin da ~fo.ry M~i n z~r Attor.T1ey in F0_ct .9,30. 0 0
The rate of premium on this bond is ____ _ per thousand. The total amount of premium charges,$_ :, , ns . oo
{The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for seNice of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in Californ ia)

WESTERN SURETY COMPANY
15 1 North Franklin , 17th Floor
C.b.ic a.,Jo , IL 60606
Canyon Crest Insuran ce Servic es , Inc .
5 0 Sl Canyon Crest Dr .. ,
Rivers ide , CA 9250 7
Surety : ( 605) 336- 0850
Agent :

NOTE: A copy of the Power-of-Attorney autl-:-)rizing the person signing on behalf of the Surety to do so must be attached hereto.















 
Item 1R - Page 46
Notary Acknowledgment
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.

STATE OF CALIFORN IA
COUNTY OF R,'N,6},Ct.

On Olu-- 14-?o?:::-1 , 202f_, before me, '/ cl.ei '(\6V\_ 0So<40 l ~ SN(OS , Notary Public, personally appeared \v\ l( ~ -RL \J6 LA 19 ((e,.. , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf 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 tru(r-and correct.

WITNESS my hand and official seal.

OPTIONAL
Though the information below is not required by law, it may prove valuable document
and could prevent fraudulent removal and reattachment oft · form to another document.

CAPACITY CLAIMED BY SIGNER DESC TION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages  Attorney-In-Fact
 Trustee( s)
 Guardian/Conservator Date of Document  Other:

Signer is representing:

Name Of Person(s) Entity(ies)
Signer(s) Other Than Named Above















 
Item 1R - Page 47
~-----------------------
Notary Acknowledgment
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.

STATE OF CAl,.JfORNIA
COUNTY OF \<-,\1.ei(S I Cle.
on O \f / \R • 20 ,a 4, before me, M \-\1 \'\Yl S ro-e, \ ~ \1c beiJt'':C , Notary Public, personally appeared L--,nckx fy\01.\t\_f Me ,\I\ ·2:-c. '< , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/aw subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he r/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

Signature of Notary Public
WITNESS my hand and official seal.

OPTIONAL
KATHRINEMEUNE°DOVER [
......... C.OMM. •.. #24 2.7-09 2 z
·: Notary Public • California ::u
Riverside County g
M1 Comm. Ex ires Nov, 18, 2026
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this fo rm to CAPACffY CLAIMED BY SIGNER
J Individual
J Corporate Officer
..J Partner(s)
J Attorney-In-Fact
J Trustee(s)
Title(s)
.. ..I
7 J Guardian/Conservator
J Other:

Signer is repres · ng:

Limited
Name Of P on(s) Or Entity(ies)
Tit1e or Type of Document
----------- - ----- --·· ································· Number of Pages
Date of Document
- - --------- ··························---········ ······················ Signer(s) Other Than Named Above















 
Item 1R - Page 48

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
Bond !f726 52Gil0
WHEREAS, the City of Palm Springs (hereinafter designated as the "City''), by action taken or a resolution passed. _ _____ , 20 _ _ has awarded to Nl,T.i\ con5 t n.1Gtic n, Inc . hereinafter designated as the "Principal," a contract for the work described as follows:

I FB 24 -1 1 Palm Sp r ings Power Bas ebal l
Bleach er s _. CONTRACT SERVICES AGREEMENT __ (the
"Project''): and
WHEREAS. the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated _ ("Contract Documents"), the terms and conditions of which are expressly incorp t>rated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract ; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipm-Elnt, or other supplies used in, upon, for or about the performance of the work contracted to b0 donQ, or for any vvork or labor donG therQon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be doductod, withheld, and paid over to tho Employment Development Dopartmen t from tho wagos of omployeos of said Principal and its Subcontractors with respoct to such work or labor tho Suret y on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and WEST ERN SURE TY COMP""'1,ry as Surety, , ;,i~": ~Aid ;,ind firmlv hmmd unto the City in the penal sum of - Gne Hund rsd E:i.qht Two Thou,rnnd Th ree Hu ncired ~'.ii:teen °nd 1 6/l OO ollars ($. 1s2 , 31S . 16) lawful money ot the United t>tates or America, tor the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, joi ntly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrn tors, successors or assign s, shall fail to pay any of the persons named in Section 9100 of the c:vil Code, fail to pay for any materials, provisions or other supplies, used In, upon, for or about t~,e performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or tabor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses .

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance , addition, alteration or modification in. to, or -0f any contract, plans , specifications , or agreement















 
Item 1R - Page 49
pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or exhnsion of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond. nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond. nor by any fraud practiced by any person other than the daimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and Lmder no circumstances shall Surety be r;eleased from liability to those for whose benefit such bond has been given, by r~a.son of any brea j h of c.ontract betviteen the owner or City and original contractor or on the part of any obligee narri~d in such bond, but the sole conditions of recovery shall be that claimant is a parson described in Section 9100 of tho Civil Code , and has not been paid tho full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

Jun e
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _ 11_.t_.11_ day of ~· 20_ 24
(Corporate Seal) __ N_A_TA_ c_;o_n_st_r_· .. _,c_t _i,_:;r_i ,_Ir_ir_~ ·------------- Contractor/ Principal

WESTERN SURETY COMPANY
(Corporate Seal)
Attorney-in-Fact
Title _____________ _
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the parson signing on behalf of the Surety to do so much be attach<;ld hereto.

NOTE: A copy of the Power -of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.















 
Item 1R - Page 50
Notary Acknowledgment
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.

STATE OF CALIFORNIA
COUNTY OF '{<,\,t:f'.xS)rk
On Clo - Jl:t - ;J...O:J.Lt 20..2::J, before me, :/o~ctn.de,,., OSD--<U G ~; S Y\-e <6 , Notary Public, personally appeared e\,c,..\nt{:fl, D~ LATor,e...., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s} acted, executed the instrument.

A U Y under the laws of the State of California that the foregoing paragraph DA OSORIO CISNEROS · COMM. #2486278 z
Notary Public • California :11
Riverside County ~
M Comm. Ex ires Ma 4, 2028
Signature of Notary Public
WITNESS my hand and official seal.
\

OPTIONAL
Though the information below is not required by law, it may prove valuable to document
and could prevent fraudulent removal and reattachment oft · orm to another document.

CAPACITY CLAIMED BY SIGNER TION OF ATTACHED DOCUMENT
 Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 Number of Pages
 Attorney-In-Fact
 Trustee(s}
 Guardian/Conservator Date of Document
 Other:

Signer is represe · g:

Name Of Per n(s} Or Entity(ies}
Signer(s} Other Than Named Above















 
Item 1R - Page 51
Notary Acknowledgment
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.

STATE OF CAUFORNIA
COUN1YOF ~,\J.V:f'i:,,o\-C
on Ole/\~/ 'd-O'dl.\ 1 2obl--\ , before me, \(0fu'on E-Xbe\'b-e. "DQJ-e.\f' , Notary Publlc, personally appeared L\Y)dG\ ~':";) N\e(Y\ i-;ey , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the la'NS of the State of California that the foregoing paragraph is true and correct Signature of Notary Public
WITNESS my hand and official seal.

OPTIONAL
A KATHRIN.EMELINE DOVER"1
-------GOMM~---#242'1-0-92,--=2 -­
Notary Public • California ;o
Riverside County ~
M Comm. Expires Nov. 18, 2026
Though the ;ntormation below ;s not required by Jaw, ;t may prove valuable to persons relying on the d',)cument
and could prevent fraudulent removal an d reattachment of this form to a1

CAPACITY CLAIMED BY SIGNER
J Individual
J Corporate Officer
... ! Partner(s)
J Attorney-In-Fact
J Trustee(s)
Titte(s)
.. .I
:::J
J Guardian/Conservator
J Other:

Signer is representin ·
Limited
General
Name Of Perso Or Entity(ies)
Title or Type of Document
- - ---- - - - ------- - --·················· ······
Number of Pages
Date of Document
:.r-
Signer(s) Other Than Named Abov e















 
Item 1R - Page 52
Western Surety Company

POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 7 2:652640
Rnow All Men By These Presents, that WESTERN SUHETY CO:MPA.l"\.JY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these present s make, constitute and appoint Linda Mary J·/Jei:n zer its tme and la<wful attorney(s)-in-fuct, with full power and authority hereby conferred, to execute, admowledge and deliver for and on its behalf as Surety , bonds for:

Principal: 1-i'ATA Construction, I nc
Obligee: City o.f Palm Spr i ngs
An1ount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President , sealed v.ith the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confinning all that the said atton1ey( s)-in­fact may do within the above stated limitations . Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Soction 7. All bonds, poli.c:ies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President , Soc·retary, any Assistant Secretary, Trea5urer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President , Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fa.ct or agents who shall have authority to issue bond~, policies, or undertaking ., in the nan1 e of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney 01· other obligations of the corporation. The signature of any such officer and the corporate seal may be printed . by facsimile." This Power of Atl-0rney may be siirned by digital sign atur.e and sealed by a digital or otherwise eledron.ic-formatted corporate seal under and by the authority of the following Resolution adopte q., by the Board of Directors of the Company by unanimous written consent dated the 27th day of April , .2022:
"RESOLVED: Thal it is in the best interest of the Company to periodically rati(.v and confirm any corporate documents sign et! by digit;;il signatures and to ratify and C'onfirm the use of a digital or otherw ise eled:ronic-formatted corporate seal, each to be considered the act ,md deed of the Company." If Bond No. 7 265 2640 is not i~rned on or before midnight of November 30th, 2024 , aU authori~X,.\:~!.:.:d. ,W_this Power of Attorney shall eiq)ire and terminate . ;,J?f-::·:<::::..]~''iy;;? }~i·•·~t·\-.
j~,: \~1ct:i1essV.'he}·.- ·estem Surety Company has caused these presents to be signed by its Vice Pre sident , Larry Kasten, and its c~?.,~t~,.~,.~l f~~~,, ~ifi:. : .. ,;,,<f. i.~ ............ J.J.t.b. ............ day of ___ ~June , ............ 202.4 ......... . !{~:~~?~~, .f! ss WES a;:z;;~fu:,:~:,:
cotTIX!~dF$.\-il'N·:©.mflfi.HA
On this 11th day of June , in the year 2 02 4 , before me, a notary public, per sonally appeared Larry Kasten., who being to me duly sworn, acknowledged . that he signed the above Power of .Attorney as the aforesaid officer of \\'ESTERN S{JRETY C01\.1PANY and acknowledged said instrument to be the voluntary act a deed of said corporation. i·~·=L~·ss:o:u·~T:H~DEAP~K·:O;A·--~·~e-~L~ ·,, ~ SE.A.L I Scl'I. Notary Public - South Dakota ;•1y Commission Expires February 12 , 2027 t•tl'l••· r '""'' th~'u'ii~~rsigne o cer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and i.'l irrevocable, and furthermore, that Section 7 of the bylaw .g of the Company a.,; eet forth in the Powe1· of Attorney is now in force.

In testimo ny whereof, I have hereunto set my hand and seal of Western Surety Company this --- -~1~1~t~· ·~n~---- day of June 2024 WESo;UR~-2:.MPAN~
~~ksten, Vice President
'fo validate bond authenticity, go to www.cnasurety.com > Ovnier/Obligee Services> Validate Bond Coverage.

Form FS306-5-2023

EXHIBIT “F”














 
Item 1R - Page 53

ATTACHMENT F
,EXECUT1VE ORDER N..S-~ CERTIFICATION
INVITATION ilrOIR ems (IFB 24-11)
BLEAC!o11ERS FOR PALM 8PRIK'OS POW!ftS SAS~BALL STADUJM ElCe1:1uti1M Order N-6-22 issued by Gov,e:rnor Gavin N&WG-om on Mlaroh 4, 2022, dirccb all agenc.ies and ~µ.c1rtnn:mts that are subJect to he, Golilefn.ors autl'tOrl1tY to (aJ terminate any contracts with any individuals or anililiies that are determined to be a target of economic ~ar,cllons agal:nst Russia aM Russian et'ltrties and I001V1duels: and (b) refrain fr-om ,entering i to any nel!N' contracts with such individuals or entities while the afo:r,ementioned sanctions are in1 et,;e,ct
~ecutive Oufer N-6,..:22 also requires that any contract.or tihat: ( 1) currently has a contract wiith tlh:e City of Palm Springs funded through grant funds prov"ded by the Stat.e of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract wlth ·ihi:i Clty Qf Pi!'lm Springs with State of California grant funds , certify that the person is not u,e taiy11:1l ur ,:my ecor1oir1ic sanotrons agaln,st R:ussia ann IRuss1an entities and ind ividualls.

The ccnlractor herebv cenmes, SUBJECT TO PENAL y I-UH. 1-'J:N.JIJRY' that a) the i;ontrac:tor i6 not a target of any ,eoonomiG GOno.tlon:-; against Ruaaian end Russian entitles and InaMt1ual!l as (liScussecl 1n Exeout1ve Urder IN:.B-22 and b) the person signing below ts duly authorized to legal'ly bind th.a Contractor. This certification is made under the laws of the, State of California.

Sl9notu<e; 'f._ J#,-, _. #)
Pr11ue<1 Name: HoracT:c D~ La Tumt
r It1'e: President
Firm Nome: NATA CONSTRUCTION, INC.

Date: ~ t:f/4~/2 y I / ,

CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY, PALM
SPRINGS, CA 92262
(760) 322-8328

BUSINESS LICENSE CERTIFICATE
Fees Paid: $173.00

ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE

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

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

Business Name: Nata Construction Inc,
DBA:

Owner: Nata Construction, Inc
Mailing Address: 607 LUIS ESTRADA RD
BEAUMONT, CA 92223
License Number: CBL-006781-2024
Expiration Date: 06/30/2025

PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO
RENEW AND UPDATE THIS LICENSE ANNUALLY.

Business Location: 607 Luis Estrada Rd LUIS

ESTRADA RD, BEAUMONT, CA
92223
Business Description: GENERAL CONTRACTOR

TO BE POSTED IN A CONSPICUOUS PLACE














 
Item 1R - Page 54














 
Item 1R - Page 55
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDD/YYYY)
~ 06/07/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER CONTACT
NAME:

Next First Insurance Agency, Inc. r1)gN:o Extl: (855) 222-5919 I FAX PO Box60787 IA/C Nol:

Palo Alto, CA 94306 E-MAIL support@nextinsurance .com ADDRESS:

INSURERISl AFFORDING COVERAGE NAIC#
INSURER A : State National Insurance Company, Inc. 12831 INSURED INSURERS :

Nata Construction , Inc. INSURERC : 32564 Cullen Ct
Winchester, CA 92596 INSURERD :

INSURERE :

INSURERF :

COVERAGES CERTIFICATE NUMBER: 958568503 REVISION NUMBER:

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

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

INSR ADDL SUBR POLICYEFF POLICY EXP
LTR TYPE OF INSURANCE ,.,c:n l wvn POLICY NUMBER IMMIDDIYYYYl IMMIDD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000.00 ~
 CLAIMS-MADE 0 OCCUR

DAMAGE TO RENTED
PREMISES /Ea occurrence) $100,000.00
~
MED EXP (Any one person) $15,000.00
A X NXT38SLQ22-03-GL
~
06/16/2023 06/16/2024 PERSONAL & ADV INJURY $1,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000.00 Fl PRO- D Loc PRODUCTS - COMP/OP AGG $2,000,000.00 POLICY JECT OTHER: $
AUTOMOBILE LIABILITY fE~~~~~~tf lNGLE LIMIT $
~
ANY AUTO BODILY INJURY (Per person) $
~
OWNED
~
SCHEDULED BODILY INJURY (Per accident) $
~ AUTOS ONLY ~ AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) ~ ~
$
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $
~
EXCESSLIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION $ $

WORKERS COMPENSATION I PER I I OTH-

AND EMPLOYERS' LIABILITY STATUTE ER
Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE

N/A E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE • POLICY LIMIT $ DESCRIPTION OF OPERATIONS below Each Occurrence : $25,000.00
A Contractors Errors and Omissions X NXT38SLQ22-03-GL 06/16/2023 06/16/2024 Aggregate: $50,000.00 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The Certificate Holder is City of Palm Springs. This Certificate Holder is an Additional Insured on the General Liability policy on a primary and non-contributory basis. All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the insured , and are subject to policy terms and conditions.

CERTIFICATE HOLDER CANCELLATION
Ci~ of Palm Springs LIVE CERTIFICATE
32 0 E Tahqu1tz Canlion Way
•
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Palm Springs, CA 92 62 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
l!l .. ~~
I Click or scan to view
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 













 
Item 1R - Page 56
ACORD® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDD/YYYY)
~ 6/7/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

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

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

PRODUCER ~~tl~cT Certificate Team
lnszone Insurance Services, LLC wgN:o Extl: 877-308-9663 I FAX 2721 Citrus Road, Suite A IA/C Nol: 916-400-2625
Rancho Cordova CA 95742 xt'lJ~ss, [email protected]
INSURERISl AFFORDING COVERAGE NAIC#
License# : 0F82764 INSURER A: California Automobile Insurance Co 38342 INSURED NATACON-01 INSURER B : Insurance ComDanv of the West 27847 Nata Construction, Inc. INSURERC: 32564 Cullen Court
Winchester, CA 92596 INSURERD:

INSURERE:

INSURERF:

COVERAGES CERTIFICATE NUMBER: 997991781 REVISION NUMBER :

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

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

INSR ADDL SUBR
,~gM%~ ,~g~J%~ LIMITS LTR TYPE OF INSURANCE IOJC::n l wvn POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
~
 CLAIMS-MADE  OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $ ~
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
~
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
Fl  PRO- D Loc PRODUCTS - COMP/OP AGG $ POLICY JECT
OTHER: $
A AUTOMOBILE LIABILITY y BA040000072720 3/15/2024 3/15/2025 fE~~~~~~tf lNGLE LIMIT $1 ,000,000 ~
ANY AUTO BODILY INJURY (Per person) $
~
OWNED X SCHEDULED BODILY INJURY (Per accident) $
~ AUTOS ONLY ~ AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY ~ AUTOSONLY (Per accident) $

UMBRELLA LIAB
H OCCUR EACH OCCURRENCE $
~
EXCESSLIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION $ $
B WORKERS COMPENSATION y WSA 5065251 02 4/15/2024 4/15/2025 X I ~ifruTE I I OTH-ER AND EMPLOYERS ' LIABILITY Y/N

ANYPROPRIETOR/PARTNER/EXECUTIVE

N/A E.L. EACH ACCIDENT $1 ,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 ,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule , may be attached If more space Is required) Additional Insured on the Auto Liability. Waiver of Subrogation on the Workers Compensation.

The aforementioned coverage is provided to the extent in the attached forms for: The City of Palm Springs, its officials, employees, and agents

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

City of Palm Springs
3200 E. Tahquitz Canyon Way AUTHORIZED REPRESENTATIVE Palm Springs CA 92262 d74-~ I
© 1988-2015 ACORD CORPORATION . All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 













 
Item 1R - Page 57

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

DESIGNATED ADDITIONAL INSURED - PRIMARY INSURANCE
This endorsement modifies insurance provided under the following :

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name of Additional Insured Person or Organization :

City of Palm Springs
3200 E Tahqu1tz Canyon Way
Palm Springs, CA 92262
I. SECTION II -WHO IS AN INSURED is amended to include the person or organization shown in the SCHEDULE, but only with respect to liability for "bodily injury" , "property damage" or "personal and advertising injury" caused , in whole or in part, by your acts or omissions or the acts or omiss ions of those acting on your behalf :

1. In the performance of your ongoing operat ions ; or

2. In connection with your premises owned by or
rented to you. However :

1. The insurance afforded to such additional insured only applies to the extent perm itted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured .

II. With respect to the insurance afforded to these additional insureds, the follow ing is added to SECTION 111- LIMITS OF INSURANCE :

If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance :

1. Required by the contract or agreement ; or

2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarat ions.

Ill. Coverage provided to the additional insured shown in the SCHEDULE is afforded on i) a primary basis, ii) a noncontributory basis, or iii) a primary and noncontributory basis in accordance with the applicable written contract between you and the additional insured .

All other terms and cond itions of the policy remain unchanged.

NXT-0084 BM GL 0218 Includes mater ial copyrighted by Insurance Services Office, Inc. used with its permission

Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO

COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 













 
Item 1R - Page 58
POLICY NUMBER: BA040000072720
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6

BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity.

Coverage under this provision is afforded only until the end of the policy period.

Coverage
formed the organization.

II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any employee of yours is an "insured" while using a covered auto" you don't own, hire or borrow in your business or your personal affairs.

III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II.

IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business.

V. SUPPLEMENTARY PAYMENTS

SECTION II
LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 













 
Item 1R - Page 59
does not apply to an "accident" which occurred before you acquired or

II ,, II
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 VI. FELLOW EMPLOYEE COVERAGE:

SECTION II LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This e -force covering all of

VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following:

We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and

when the covered "auto" is returned to use or
we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location.

VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE

SECTION III
PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added:
c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension, e x c e p t t h a t n o

Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible i n s u r a n c e .

IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:

This exclusion does not apply to the accidental discharge of an airbag. 













 
Item 1R - Page 60
xclusion does not apply if you have workers' compensation insurance in your "employees". Coverage is excess over any other collectible insurance. ending, regardless of the policy's expiration,
deductible shall apply to "loss" caused by fire or lightning Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:

4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the
:
a. The amount paid under the Physical Damage Coverage Section of the p o l i c y ; a n d
b. Any:
(1) O
;
(2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases.

The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss.

XI. GLASS REPAIR DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

No deductible applies to glass damage if the glass is repaired rather than replaced.

XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:

If two or more "company" policies or coverage forms apply to the same accident:

1. If the applicable Business Auto deductible is the smallest, it will be waived; or

2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or

3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived.

For the purpose of this endorsement "company
means the company providing this
insurance and any of the affiliated members of the Mercury Insurance Group of companies.

XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 













 
Item 1R - Page 61
lease or loan for that covered "auto," less
verdue lease/loan payments at the time of the "loss"
II
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following:

5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract.

XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added:

Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.

This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal.

XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE

SECTION IV
BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:

1. Any covered "auto" you lease, hire, rent or borrow; and

2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT

SECTION IV
BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.















 
Item 1R - Page 62
Copyright 2017 Mercury Insurance Services, LLC. All rights reserved.

MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6

XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and
(2)
the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement w e a g r e e t o .

XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH

SECTION V
DEFINITIONS, C. "
"Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease.














 
Item 1R - Page 63
The "insured's" responsibility to pay damages is determined in a "suit" on Bodily Injury'' is amended by adding the following:














 
Item 1R - Page 64

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET WC 990634
(Ed. 8-00)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us).

The additional premium for this endorsement shall be 2 % of the total California Workers' Compensation premium otherwise due.

Schedule
Person or Organization

ANY PERSON OR

ORGANIZATION FOR

WHOM THE NAMED

INSURED IS REQUIRED

UNDER WRITTEN

CONTRACT TO FURNISH
THIS WAIVER.

Job Description

CALIFORNIA
OPERATIONS ONLY.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/15/2024 Policy No. WSA 5065251 02 Insured NATA CONSTRUCTION INC
Insurance Company INSURANCE COMPANY OF THE WEST
Countersigned By
WC 990634
(Ed. 8-00)

INSURED
Endorsement No.

Premium $ INCL.
--------------

ATTACHMENT D

Item 1R - Page 65

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER

BLEACHERS FOR PALM SPRINGS

POWERS BASEBALL STADIUM
Contract Change Order Number: 1
Date: December 31, 2024
Contractor: Nata Construction Inc. DBA California Bleachers Project: Bleachers for Palm Springs Powers Baseball Stadium Agreement: 24B121
Purchase Order: 25000041

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order No. 1 is for the addition of funds to facilitate the purchase and installation of new chain link fencing in front of the new bleachers, This Contract Change Order No. 1 provides for an increase of $1,295.00 for a total Contract Amount of $183,610.16.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
CCO#1. Installed new chain-link fence JOB $1,295.00
REASON FOR CHANGES:

This is a change order in the amount of $1,295.00 for the purchase and installation of new chain link fencing at 1901 E. Baristo Rd., Palm Springs CA 92262.

CHANGES TO CONTRACT TIME:

There are no changes to the contract time.

Source of Funds:

Sufficient funds budgeted and available in Maintenance and Facilities Deferred Maintenance, Account No. 5206570-50119.

Summary of Costs:

Original Contract Amount: $182,315.16 Original Contract Time: 123 days Previous Change Order Amount:

This Change Order:
$0.00 Previous Days Added: 0
This Change Order Amount: $1,295.00 Days Added: 0
Revised Contract Amount: $183,610.16 Revised Contract Time: 123 days Docusign Envelope ID: CE79DF71-7533-40A4-8243-EE2B788E43EF Item 1R - Page 66

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

Contractor
Signature – Michael De La Torre, Secretary Date
City of Palm Springs
Recommended By:

David McAbee, Director of Public Works Date
Approved By:

Scott Stiles, City Manager Date
Attest By:

City Clerk Date
Attachments: (A) Change Order Proposal

Distribution:

Original Conformed Copy: Conformed - File Copy:

Contractor (1) Engineering Pay File (1)
City Clerk (1) City Project File (1)
Purchasing (1)
Finance (1)

Docusign Envelope ID: CE79DF71-7533-40A4-8243-EE2B788E43EF 1/8/2025
1/8/2025
1/8/2025
1/9/2025
Item 1R - Page 67
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lnDocuSigned by:

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CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT A8677 WITH CHANDLER ASSET MANAGEMENT, LLC

FROM: Scott C. Stiles, City Manager

BY: Department of Finance and Treasury

SUMMARY:

This action will approve Amendment No. 3 to Agreement A8677 with Chandler Asset Management, LLC., in an amount not to exceed $210,000 for additional funding and the extension to the agreement term for one year, for a total revised agreement amount not to exceed $730,000.

RECOMMENDATION:

1. Approve an increase in funding for the Professional Services Agreement for Non- Discretionary Portfolio Advisory Services with Chandler Asset. Management, LLC, a California Corporation, in the amount of $210,000 and revised total contract amount of $730,000 to cover the remaining months of Amendment 2, and to extend the Agreement term for one year ending March 1, 2026. (Attachment A).

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

BACKGROUND:

Chandler Asset Management, LLC, has been providing investment advisory and management services for municipalities and other local governments in California for over 3 decades. They are a southern California -based investment adviser, and 100% employee-owned California Corporation. Chandler has assisted public agencies in fulfilling their fiduciary duties to their constituents by providing high quality fixed income portfolios in a prudent investment framework and providing personalized client services meeting their investment objectives for their clients.

On January 28, 2021, the City Council approved a professional services agreement with Chandler Asset Management in the amount of $40,000 per year for an initial three- year term. Chandler’s management fee is based on the amount of City assets that Chandler Item 1S - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Approval of Amendment No. 3 to Chandler Asset Management, LLC.

manages. The $40,000 amount was based on an assumed City asset portfolio of $50 million.

STAFF ANALYSIS:

In November 2024, a review of the Agreement was conducted to determine options for amending the contract, and it was noted that Amendment No. 2 executed on January 22, 2024, required City Council approval rather than City M anager approval as it exceeded the threshold. After analyzing the cost of service relative to the growth and size of the portfolio, it was determined that additional funding would need to be added. This is due to the City’s asset growth throughout the year. If current assets remain stable and the City does not add additional funds to the portfolio, invoicing would be in the same range as it has been over the last 4 months, averaging $15,000 per month.

Staff recommends the approval of Amendment No. 3 to increase the funds in the amount of $210,000 to cover the remaining months for Amendment No. 2 through February 2025 and to exercise the final extension option term through March 1, 2026 for a total revised agreement amount of $730,000.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “ Project” pursuant to Section 15378(b)(5) .

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council Priority Major Theme of forward- thinking government.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2024- 25 in Finance Department contractual services account #1001035-40105.

REVIEWED BY:

Department Director: Kristopher J. Mooney
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 3
Item 1S - Page 2

Revised: 10.31.23

AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT NO. A8677 BETWEEN THE CITY PALM SPRINGS AND
CHANDLER ASSET MANAGEMENT, INC.

1. Parties and Date.

This Amendment No. 3 to the Professional Services Agreement No. A8677 i s made and entered into as of this ___ day of ___, ___ by and between the City of Palm Springs (“City”) and Chandler Asset Management, Inc. “Consultant”. City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. T he City and Consultant have entered into an agreement entitled Professional Services Agreement dated March 2, 2024 (“Agreement”) for the purpose of retaining the services of Consultant to provide Non-Discretionary Portfolio Services, for an amount not to exceed $120,000.00 and a term of March 2, 2021 to March 1, 2024, with two one optional renewals at the City’s discretion.

2.2 Amendment No. 1. The City and Consultant amended the Agreement to add $270,000 due to changes in the scope of services of Consultant. The Parties have heretofore entered into that Amendment No. 1 dated April 22, 2021 for an amount not to exceed $390,000 and a term of March 2, 2024 to March 1, 2024.

2.3 Amendment No. 2. The City and Consultant amended the Agreement to exercise one of the extension options and add $130,000. The Parties have heretofore entered into that Amendment No. 2 dated January 22, 2024 for ana mount not to exceed $520,000 and a term of March 2, 2021 to March 1, 2025.

2.4 Amendment No. 3. The City and Consultant desire to amend the Agreement to exercise the final extension option, add $80,000 for additional services, and $130,000 for the extension for a total amount of $210,000.

2.4 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section 2.1 and Section 3.4 of the Agreement.

3. Terms.

3.1 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:

“ For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit " D" and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of Seven hundred thirty thousand Dollars, $730,000.00) for the five -year term of the agreement (" Maximum Contract Amount"), except as may be provided under Section 1. 8. The method of compensation shall be as set forth in Exhibit " D." Compensation for necessary expenditures for reproduction Item 1S - Page 3

Revised: 10.31.23

costs, telephone expenses, and transportation expenses must be approved in advance by the Contract Officer designated under Section 4. 2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/ or time - consuming than Consultant anticipates that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1. 8 shall not be applicable to the services identified in the Scope of Services. If the City' s Maximum Contract Amount is reached before the Consultant' s Services under this Agreement are completed, Consultant shall complete the Work and City shall not be liable for payment beyond the Maximum Contract Amount.”

3.2 Term. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:

“Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on March 2, 2021, and ending on March 1, 2026, unless extended by mutual written agreement of the Parties”.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts . This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]
Item 1S - Page 4

Revised: 10.31.23

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CHANDLER ASSET MANAGEMENT, INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _________________ Item: ______ Agreement No. A8677

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

Item 1S - Page 5

CITY COUNCIL STAFF REPORT

DATE: JANUARY 23, 2025 CONSENT CALENDAR

SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 24P394 WITH PSM SQUARED, INC. FOR A CUSTOMER EXPERIENCE PROGRAM

FOR PALM SPRINGS INTERNATIONAL AIRPORT

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This action will approve C ontract Services Agreement No. 24P394 with PSM Squared, Inc. in an amount not to exceed $275,000, for a Customer Experience (CX) Program for the Palm Springs International Airport (Airport).

RECOMMENDATION:

1. Approve Contract Services Agreement No. 24P394 ( Attachment A ) with PSM Squared, Inc. for a customer experience program for the Palm Springs International Airport in an amount not to exceed $275,000 for the three-year term beginning January 27, 2025 through January 26, 2028.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on November 20, 2024, PSM Squared, Inc. is registered in the states of Arizona and California.

BACKGROUND:

The Airport is committed to enhancing passenger services and becoming one of the most accessible and customer-friendly Airports in the country. To support this effort, the Airport intends to implement a three- year Customer Experience (C X) Program. This initiative aims to deliver seamless, inclusive, and memorable travel experiences while addressing the rising passenger volumes and planned expansions. The program is designed to be fully implemented and executed within three years of its launch.

Item 1T - Page 1
City Council Staff Report
January 23, 2025 -- Page 2
Award Customer Experience Program Agreement

The CX Program will focus on several key areas:
• Developing job descriptions and training programs to equip new staff with the necessary skills to manage the program effectively.
• Establishing an accessibility program in compliance with the Americans with Disabilities Act (ADA) and incorporating advanced technology to enhance accessibility.
• Expanding the Volunteer Airport Navigator Program to better assist passengers. • Ensuring consistent customer service during expansion projects, minimizing disruptions and maintaining high service standards.
• Introducing policies for passenger assistance, recognition programs, wayfinding, and queue management.
• Leveraging feedback and data to monitor performance and improve services.

The CX Program will include a detailed accessibility plan that ensures all services meet ADA compliance standards. This plan will not only help the Airport meet legal requirements; it will also set a benchmark for accessibility, providing an inclusive and convenient travel experience for all passengers.

The Volunteer Airport Navigators Program plays a key role in assisting travelers with wayfinding, locating Airport facilities, paging services, and directing passengers to ground transportation. They also work closely with airline representatives and A irport staff to ensure a positive experience. The Navigators are stationed year-round at an information desk located between the central lobby and baggage claim. During the busy tourist season, they staff portable information booths in the post -security courtyard, baggage claim, and ticket lobby, to help direct passengers to the appropriate Transportation Security Administration (TSA) security checkpoint lanes. The CX P rogram will identify opportunities for improvement or expansion of the Volunteer Airport Navigators Program.

The CX Program will also address seasonal travel demands, special events, and operational challenges, such as reducing car rental wait times and improving passenger flow. The Airport currently averages 67 to 77 flights daily during the busy tourist season and averages 20 to 25 flights daily in the summer months. The CX Program will take these seasonal fluctuations into account and recommend program adjustments as necessary to manage varying passenger traffic throughout the year.

During expansion projects, the CX Program will play a vital role in ensuring a positive passenger experience. Construction efforts often lead to temporary disruptions and the CX Program will ensure clear signage, wayfinding, and staff support to guide passengers through affected areas. This coordinated approach will minimize inconvenience and help passengers navigate construction zones smoothly, ensuring they feel supported and informed throughout the Airport.

Historically, the introduction of policies for passenger assistance, recognition programs, and queue management has been managed on an ad-hoc basis, requiring significant time Item 1T - Page 2
City Council Staff Report
January 23, 2025 -- Page 3
Award Customer Experience Program Agreement

and resources. With the implementation of the CX Program, the Airport will have a structured and consistent approach to these initiatives, improving efficiency . This will enhance the overall passenger experience.

The Airport has set significant records in passenger traffic over the last two years, reflecting its growing importance as a travel hub. The ongoing Airport Master Plan update includes major terminal expansion plans, which will improve capacity and facilit ies. The CX Program will provid e strategic recommendations for expanding the customer experience program post -expansion. Additionally, the CX Program will be essential for maintaining an excellent customer experience during the expansion of the baggage claim area and other facilities which will ensure a smooth transition and minimal disruption for travelers.

On February 13, 2024, Airport staff met with Airport Commissioners Todd Burke and David Feltman , and Julie Sinclair, Visit Greater Palm Springs’ Director of Brand Communications, to get their feedback on the development of the CX Program RFP scope of work. The meeting participants provided their feedback and agreed that it would be beneficial for the Airport staff to solicit a formal bid for professional consultant services to assist the Airport staff with the CX Program design.

On April 2, 2024, the Airport staff provided an overview of the feedback that was received at the CX Program meeting that was held on February 13, 2024 to the Airport Commission’s Marketing and Business Development Committee (Committee), and the Committee was notified that staff would be working with the Procurement Department to solicit a formal bid.

On April 17, 2024, Marketing and Business Development Committee Chairman Burke notified the Airport Commission that staff would be working with the Procurement Department to solicit a formal bid for professional consultant services to assist the Airport staff with the CX Program design.

On January 15, 2025, Airport staff presented Contract Services Agreement No. 24P394 with PSM Squared, Inc. for a customer experience program for the Palm Springs International Airport to the Airport Commission, and the Airport Commission voted ( 16 – Yes and 2 – No) in favor to recommend to the City Council the approval of Contract Services Agreement No. 24P394 with PSM Squared, Inc.

STAFF ANALYSIS:

The Aviation Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Three proposals were received by the deadline of November 20, 2024 as follows:

• 16x9 Inc. – Oakville, Ontario, Canada
Item 1T - Page 3
City Council Staff Report
January 23, 2025 -- Page 4
Award Customer Experience Program Agreement

• Customer Service Experts, Inc. DBA CXE Inc. – Oakland, MD • PSM Squared, Inc. – Tempe, AZ (local office: El Segundo, CA)

The evaluation team made up of City staff from the Aviation Department and Visit Greater Palm Springs evaluated the proposals received against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews.

PSM Squared, Inc. was ranked the highest by the evaluation team and is being recommended for the award of the contract.

In December 2024, the Airport finalized a 2025-2029 Strategic Plan that established five interconnected strategic priorities that will guide the Airport's development:

1. People and Culture - Focuses on workforce development, training programs, and fostering an inclusive culture.

2. Operational Excellence - Emphasizes safety, security, guest experience, and business development standards.

3. Partnerships - Aims to maximize relationships with aviation organizations and community stakeholders.

4. Infrastructure - Prioritizes sustainable modernization while preserving the Airport's iconic architecture.

5. Sustainability - Addresses environmental, financial, and social sustainability goals.

The CX Program will be a key component for providing guidance that will be in alliance with the Airport’s 2025-2029 Strategic Plan.

Staff recommends awarding Contract Services Agreement No. 24P394 to PSM Squared, Inc. for the CX Program at the Airport. This recommendation is based on the vendor’s proven expertise and their alignment with the Airport’s strategic goals of enhancing accessibility, passenger services, and operational excellence. PSM Squared, Inc. ’s approach prioritizes inclusive travel experiences, ensuring the program addresses the diverse needs of passengers.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above- mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not Item 1T - Page 4
City Council Staff Report
January 23, 2025 -- Page 5
Award Customer Experience Program Agreement

result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Strategic Priority 2 – Community Infrastructure, specifically 2C, Community Design – Streamline City customer services.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year 2024- 25 in the Department of Aviation Advertising Account 4157020-50145. The remaining annual amounts will be budgeted in future fiscal years.

REVIEWED BY:

Executive Director of Aviation: Harry Barrett, Jr.

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

ATTACHMENTS:

A. Contract Services Agreement No. 24P394
B. Public Integrity Disclosure
Item 1T - Page 5

ATTACHMENT A

CONTRACT SERVICES AGREEMENT N
O. 24P394
WITH PSM SQUARED, INC.

Item 1T - Page 6

CONTRACT
SERVICES AGREEMENT 24P394

CUSTOMER EXPERIENCE PROGRAM FOR PALM SPRINGS

INTERNATIONAL AIRPORT
THI
S AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 27, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and PSM Squared, Inc., an Arizona Corporation, (“Contractor”).

City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. C it
y requires the services of a licensed and qualified vendor to provide Customer Experience Program for the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide Customer Experience Program for the Palm Springs International Airport, under the terms of this Agreement.

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

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

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. C ON

TRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).

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

Contractor warrants that the S ervices shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

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

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

Item 1T - Page 7

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $275,000.

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

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents , work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of Item 1T - Page 8

governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the S ervices for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer ’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on January 27, 2025, and ending on January 26, 2028, unless extended by mutual written agreement of the Parties.

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

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

5. COORDINATION OF WORK

5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Alicia Robertson, President/CEO.

It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement . The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor , its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions Item 1T - Page 9

stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

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

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

Name: Title:

Barbara Yamamoto Project Manager
Alice Bimrose Project Support
Alicia Robertson President/CEO, Role: Executive Program Support

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuan t to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by Item 1T - Page 10

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

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers , employees, agents, and volunteers (collectively the “Indemnified 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 injur ies to or death of persons (Contractor’s employees included) , for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the S ervices required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit , and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of Item 1T - Page 11

its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim , or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, Item 1T - Page 12

expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisio ns of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non -discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre- paid, first-class mail to the address set forth below.

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

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

Attention: Alicia Robertson
2121 South 48th Street, Suite 105
Tempe, AZ 85282

11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

Item 1T - Page 13

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

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

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

11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

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

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

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

12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA’S ACTIONS IN UKRAINE.

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

13. FEDERAL PROVISIONS.

Since funding for the Services is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in Exhibit “D” attached hereto and incorporated herein by reference (“Federal Pr ovisions”). With respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

[SIGNATURES ON NEXT PAGE]

Item 1T - Page 14

SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND PSM SQUARED, 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 Corporation)

Date: ___________________________ Date: ___________________________

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______________ Item No. _______________

APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk

APPROVED:

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

Item 1T - Page 15

EXHIBIT “A”

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1T - Page 16

1.1 Background:

A. The Contractor shall create a Customer Experience (CX) Program for the Palm Springs International Airport (Airport) . The three-year program will be starting with by creating job descriptions and training programs for the staff, followed by timelines and milestones in each year to add additional amenities and participants. The goal is to have the program fully executed within three years of the launch.

B. Palm Springs International Airport aspires to become one of the most accessible airports in the country by implementing a robust and comprehensive accessibility program as part of the overall Customer Experience effort. To achieve this, the Airport expects the Contractor to include a detailed plan that fully develops an accessibility program as part of the CX program. The plan should include strategies for integrating advanced technology for seamless travel experiences and ensuring all proposed services meet ADA compliance standards. Through these efforts, PSP aims to set a benchmark for accessibility, ensuring a convenient and inclusive travel experience.

C. The Airport has set remarkable records in passenger traffic for last two consecutive years, reflecting its growing popularity and importance as a travel hub the A irport is currently undertaking an Airport Master Plan update. This comprehensive update includes significant terminal expansion plans, improving capacity and facilities. These documents are available at PalmSpringsAirportMasterPlan.com. The Contractor shall be prepared to include strategic recommendations for expanding new customer experience program post -expansion. Additionally, a process for maintaining an excellent customer experience during the expansion of the baggage claim and future expansions is crucial to ensure a seamless transition and minimal disruption for travelers.

D. Volunteer Airport Navigators offer important assistance to travelers such as general way-finding information and help in locating airport facilities, assistance in paging, accessing ground transportation services etc . They communicate with airline representatives and airport staff to make travelers’ airport experience a positive one.

The volunteer Airport Navigators are stationed year -round at an information desk located between the central lobby and baggage claim. During the busy tourist season, they also staff portable information booths in the post -security courtyard, baggage claim, and ticket lobby, and assist in directing passengers to the appropriate TSA security checkpoint lane. Volunteers are generally working from 9:00 AM to 9:00 PM seven days a week. The Contractor’s work should include a review of this program and determine opportunities to expand or improve these services.

E. T he Airport offers 67 to 77 daily flights during the busy tourist season, while the summer months average 20 to 25 daily flights. The Airport encourages the Contractor to take this into consideration and make recommendations to expand and contract the proposed program based on the time of year, as necessary, to accommodate fluctuations in passenger traffic.

1.2 Scope:

A. The Contractor shall develop policies and procedures for integrated training that will include the following:

1. Training program for Customer Experience staff

2. Training program for Palm Springs International Airport employees

3. Training program for tenant employees

4. Methods and best practices to provide training to each group of employees Item 1T - Page 17

B. The Contractor shall develop a problem reporting plan that include:

1. Employee hotline and informational lanyard cards

2. Facility familiarization program for new staff

3. Any additional recommendations or best practices
C. The Contractor shall develop a program timeline that includes:

1. A three-year timeline from first steps to fully realized program.

2. A determination of which proposed amenities/programs to launch in each year of the three-year plan

3. M ilestones to achieve in each year of the program launch schedule D. The Contractor shall create positions and job descriptions as follows:

1. Determine positions to be created to properly support the proposed program

2. Develop job descriptions for all recommended positions

3. Develop reporting structure for program staff

4. Hours of operation for years one, two, and three

5. Goal is to operate seven days per week by the end of the three-year plan

6. Develop initial and recurring training schedules for various groups

7. Develop milestones to determine when to add each recommended position

8. Other recommendations for program staff development
E. The Contractor shall determine and develop key performance indicators to measure success to include:

1. Success of each individual initiative

2. Monthly, quarterly, and annual tracking plan

3. Overall program success

4. A dditional ways to measure success

5. A process to automate measurements
F. The Contractor shall develop a “Good Customer Service” recognition program which includes:

1. Recognition and awards for each group: Customer Experience, Airport, and tenant staff

2. On The Spot awards to instantly recognize good customer service

3. Monthly, quarterly, and/or annual customer experience awards

4. Plans to identify top fliers/airport passengers and integrate them into the “on the spot” awards program

5. A ny additional ideas for recognition
G. The Contractor shall define and develop plan to add, enhance, and expand accessibility programs that include:

Item 1T - Page 18

1. Accessibility is a top priority for PSP

2. A ccessibility programs to meet and exceed industry standards

3. P lans to initiate, build, and launch each recommended program

4. Tools to measure success of each recommended program

5. Procedures to review future opportunities to add more accessibility programs H. The Contractor shall develop policies and procedures for Passenger Assistance Programs that includes:

1. A plan to improve and expand existing volunteer program

2. A plan to implement animal therapy

3. A plan to implement quiet airport program

4. A plan to implement curbside to gate assistance, either from staff or third-party vendor

5. Other recommendations
I. The Contractor shall develop audit programs that include:

1. Concessions street pricing

2. Facilities appearance and cleanliness

3. Customer service/Secret shopping

4. Other recommendations
J. The Contractor shall develop a plan to capture feedback via multiple streams from PSP staff, tenant staff, passengers, community, and stakeholders to include the following:

1. A program to capture online and in person feedback and comments, consolidate data from multiple resources to create databases, create Net Promoter Scores, and reporting capabilities.

2. A plan for Customer Experience staff to review and respond to inquiries seven days per week through social media, website, and other avenues, and record, sort, and analyze customer comments to gauge success of initiatives and effort.

3. Development of a system for various groups to provide customer experience feedback via their mobile device including:
a. An App or widget on airport website (must be mobile friendly) b. A map of proposed terminal locations to place signage to promote feedback for maximum engagement from all groups.
c. An evaluation of the effectiveness of PSP’s current use of signage with QR codes linked to a survey form on the airport’s website posted in various places around the terminal, with any possible recommendations for improvement.

4. Develop a method to gather and analyze feedback on destination welcoming, including aspects such as availability of tourism information and the arrival experience at PSP.

Item 1T - Page 19

K. The Contractor shall create policies and procedures for special events including:

1. Hosting public events in general

2. Live music series

3. Festival welcome activations

4. Community engagement

5. Program to celebrate various holidays throughout the year

6. Other recommendations
L. The Contractor shall create customer service plans for various construction projects to include:

1. Identifying potential customer experience concerns during the upcoming baggage claim and terminal expansions

2. Developing a plan to maintain a good Customer Experience during all planned construction
M. The Contractor shall develop a method to track and better understand passenger movement, allowing the airport to segment by time of day and monitor the distribution and flow of passengers throughout the terminal complex, including parking lots, baggage claim, and rental car areas. This will help better manage facilities, determine optimal hours of operation for concessions, and address future needs.

N. The Contactors shall research and propose potential options to shorten rental car counter lines. During the busy tourist season, these lines can extend up to an hour.

Also assist the Airport in discovering ways the airport can help reduce the time arriving passengers spend in line.

O. The Contractor shall develop a plan to improve Wayfinding and queue management.

P. The Contractor shall suggest for consideration any additional customer experience recommendations they may have.

1.3 Schedule:

Work under this contract will commence on issuance of notice to proceed. The Contractor will have approximately six months to deliver the customer experience program plan, and all work shall be completed by the end of the contract term. Palm Springs International Airport aims to officially begin implementing the plan once delivered in approximately six months from notice to proceed, with the goal of rolling it out gradually over three years.

1.4 Compensation:

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

Item 1T - Page 20

Item 1T - Page 21
ATTACHMENT "G"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 18-24)

CUSTOMER EXPERIENCE PROGRAM FOR PALM SPRINGS INTERN'ATLONAL AIRPORT THIS FORM UST B,E CO, P,LET1ED A.NO SUB , ITT,ED IN SEPARATE ELECTRON IC FILE #2 •~cost Proposal' , NOT wlth Electronic File #1, Technlcal/Work Proposal*)

ITEM DESCRIP TION QTY
..
1 Customer Exper" ence 1
Program

UNIT OF

MEASURE
L mpSum
TOTAL
$275 ,000.00
Tihis cost reflects 6 months
delivery of the Customer
Experience Program Plan
Fi-m lNa, e: PS Squared Inc. ~
Sign ture of Authorized Persona._.!LI...:L:_ ~-..;·=-J.-.:;;_;;::::'.c_ L.tb2-' . .-.....--!!,-=~=====~====-- Printed , ame: Arcia Robertson
Title: Pres ident/C EO
Date: 11/20/2024

EXHIBIT “B”

INSURANCE PROVISIONS

Including

Verification of Coverage,

Sufficiency of Insurers,

Errors and Omissions Coverage,

Minimum Scope of Insurance,

Deductibles and Self-Insured Retentions, and

Severability of Interests (Separation of Insureds)
Item 1T - Page 22

INSURANCE

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

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

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. C ertificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

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

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

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

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

Item 1T - Page 23

5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

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

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

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

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

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

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

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

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item 1T - Page 24

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

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

Item 1T - Page 25

EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION

Item 1T - Page 26
ATTACHMENT "F11
EXECUTIVE ORDER N!-6~22 CERTIFICATION
REQUESTS; FOR IPR0POSAL.S (RFP· 18~2:4)
CUSTOMER EXPERIENCE PROGRAM FOR PALM SPRINGS INTERNA TIONAL .AIRPORT ~ecutive Order N~s. 22 issued by Governor Gavin Newsom on March 4 , .2022 , directs all agencies and departm nts that are subject to the Governor 's authority o ,(a) terminate any contracts ah any indiv,iduals o. entitie . that are detenni ed ,o be a targe · of ,economic saner s agai ,st Russ i I and Russian enliti'es and i dMdua ls; and (b} refrain from entering into any new contracts with such individuals or entitles while the aforementioned anct ions are in effect
Executive Order N--6-22 also requires that any oontraotor tha : (1) currentily has a co tract with the City o Pam Sp tn.gs funded through ,grant f nd:S provided by he Slate of Califom ·a; and/or (2) submits a. bid or p· oposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs wit, State of California -rant funds , certify that the person is not the target of any economic sanctions ag.ainst Russia and Russian entitles and individuals.

The contractor hereby certif1ies, SUBJECT TO PENAL TY FOR PERJURY , lha a} f I e oontracto · is not a ta ge of any co· omic sane · ons .agai 1 ,st iRus ian and RussiaJ1 e -ti ies and 1i dividua s as discussed ·n Execu ive Order N ·S.22 and b) the per on signing be'low is duly au horized to lega lly bind the Contractor . This certi 1cation is made under the laws of the State ::g::21 ~ -==-2-,:----- - -
Prinle d Name : Alicia Robertson
T·Ue: Pres,ident/C E:O
F'rm Name: PSM Souared . ,Inc.

Date: 111 /20/2024

EXHIBIT “D”

FEDERAL AVIATION ADMINISTRATION

FEDERAL PROVISIONS

Provision
Reference Provision Description
Page
No.

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

*Solicitation Clause also
Updated 5.24.2023
Item 1T - Page 27

FAA - 01 Access to Records and Reports
APPLICABILITY – pertains to all contracts.

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

Reference: 2 CFR § 200.334, 2 CFR § 200.337, FAA Order 5100.38 Item 1T - Page 28

FAA - 02 Affirmative Action Requirement

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO

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

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

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

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

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

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

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

REQUIREMENTS -

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

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

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

The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60 -4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer Item 1T - Page 29

of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

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

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

Reference: 41 CFR Part 60-4

Item 1T - Page 30