Agenda packet — Palm Springs City Council, March 27, 2025 (part 3 of 6)

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
24C253 Desert Highland Park Surfacing Improvements

Contract Change Order Number: 1
Date: January 9, 2025
Contractor: Project: Desert Highland Park Surfacing Miracle Recreation Equipment Company Improvements 878 Highway 60 Agrmt: 24C253
Monett, MO 65708 PO: 25000787
Attn: Bryce Lawrence

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order adds repairs / replacement of approximately 530 square feet of rubberized surfacing contained within 5 pieces of equipment at Desert Highland Park that was vandalized during construction. Contract Change Order No. 1 provides for an increase of $5,000, for a total contract amount of $84,662.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Item No. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
CCO1 Surfacing 530 SF $9.43 $5,000

REASON FOR CHANGES:

This is a change order in the amount of $5,000.00 for the installation of approximately 530 SF of rubberized surfacing contained within 5 pieces of equipment at Desert Highland Park t hat was vandalized during construction.

CHANGES TO CONTRACT TIME:

This Contract Change Order No. 1 provides no extension to the term of Agreement 24C253 of 50 working days, ending on February 14, 2025.

Source of Funds:

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

Summary of Costs:

Original Contract Amount: $79,662.00 Original Contract Time: 50 working days Previous Change Order Amount:

This Change Order:
$0 Previous Days Added: 0
This Change Order Amount: $5,000.00 Days Added: 0
Revised Contract Amount: $84,662.00 Revised Contract Time: 50 working days

I have received a copy of this Change Order No. 1 and the above AGREED PRICES are acceptable to Contractor Contractor
Kevin Walker Date
City of Palm Springs
Recommended By:

John Brickley, Project Manager Date

Docusign Envelope ID: 009EEB9E-9A25-4119-B1BC-83735A5778C4 2/20/2025
2/20/2025
Item 1I - Page 107
~ Signed by:
~ ~7~~()'
G Signedb y:

Jbb, &rick
I IFFEFD9EC IF4C1;1

Page 2 of 2 ends

Approved By:

Scott Stiles, City Manager

Nicholas S. Gonzalez,
Director of Parks & Recreation

Date

Attest By:

Brenda Pree, 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: 009EEB9E-9A25-4119-B1BC-83735A5778C4 Item 1I - Page 108
From: Bryce Lawrence
To: John Brickley
Subject: Fwd: Desert Highlands Park - City of Palm Springs - Rubber Surfacing Inv 223914 Date: Thursday, February 13, 2025 11:21:29 AM
Attachments: 223914.pdf
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.
---------- Forwarded message ---------
From: Allison Burgner <[email protected]>
Date: Thu, Feb 13, 2025 at 11:17 AM
Subject: Desert Highlands Park - City of Palm Springs - Rubber Surfacing Inv 223914 To: Tabitha Richards <[email protected] >
Cc: Bryce Lawrence <[email protected]>
Hello,
Attached is your invoice for your order placed for Desert Highlands Park - City of Palm Springs - Rubber Surfacing
Please let me know if you have any questions
Thank You,
Allison Burgner
Accounting Manager
M-F 7:00am -3:30pm
800-264-7225 x116
951 676-8706 fax
1101 Calfornia Ave Ste 209 (New Address)
Corona, CA 92881
[email protected]
--
--

Thank you for your consideration of Miracle Playground Sales.

Bryce Lawrence
800-264-7225 x102
951-676-8706 fax
1101 California Ave, Suite 209
Corona, CA 92881
Docusign Envelope ID: 009EEB9E-9A25-4119-B1BC-83735A5778C4 Item 1I - Page 109
[email protected]

CLICK THE LINK BELOW FOR A COMPLETE LIST OF PRODUCTS
http://www.miracleplayground.com/produ l
NOTICE: This design/development/information contains privileged and confidential information and is intended only for the owner to whom it is addressed. If you do not represent the owner, you should not disseminate, distribute or copy this information. The content of this email and any attachments are confidential property of the sender and should not be copied, modified or transmitted or used for any purpose except with Miracle Playground Sales written authorization. If you are not the intended recipient, please delete all copies and notify us immediately.

Miracle Playground Sales encourages you to be environmentally friendly. Save paper and print this email only if necessary
Docusign Envelope ID: 009EEB9E-9A25-4119-B1BC-83735A5778C4 Item 1I - Page 110
Miracle Recreation Equipment Co INVOICE
PO Box 734154 Accounts Receivable Invoice No.: 223914
Dallas, TX 75373-4154 [email protected] Invoice Date: 2/13/2025 417 354-2241 PO 25000787 Due Date: 3/12/2025
BILL TO: City of Palm Springs/Accounts Payable SHIP TO: Desert Highlands Park PO Box 2743 Palm Springs, CA
Palm Springs, CA 92263-2743

QTY DESCRIPTION UNIT PRICE AMOUNT
1 Installation of Rubber Surfacing, & Site Work $77,322.00 $77,322.00 1 Rubber Repair Change Order #1 $5,000.00 $5,000.00
1 Bond $2,340.00 $2,340.00
Source Well 010521-LTS-3

Playground Equipment due this Period.

Sales Tax
TOTAL $84,662.00Thank you for your business!
Make all checks payable to Miracle Recreation Equipment Co Docusign Envelope ID: 009EEB9E-9A25-4119-B1BC-83735A5778C4 Item 1I - Page 111

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF PLAYGROUND EQUIPMENT INSTALLATION AT

BARISTO PARK

FROM: Scott C. Stiles, City Manager

BY: Nicholas S. Gonzalez, Director of Parks & Recreation

SUMMARY:

Formal City Council acceptance of the playground equipment installation at Baristo Park (the “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 Section 9200 of the California Civil Code.

RECOMMENDATION:

1) Accept the public works improvement identified as Baristo Park Replacement Playground Equipment, as completed in accordance with the Construction Contract; 24C111.

2) Authorize the Director of P arks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion ( Attachment A) for purchase of playground structures and installation for Baristo Park.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), Miracle Recreation Equipment Company is a corporation and registered in the state of Missouri.

BACKGROUND:

The installation of the existing playground equipment at Baristo Park was completed at the start of 2011. The typical life expectancy for playground equipment is estimated at 15 years. Staff identified the playground at Baristo Park as having reached the end of its useful life, requiring replacement. In 2024, two large new shade structures were installed over the two playground equipment areas, except for the swing set area which is currently open air. Parks & Recreation staff drew from the recently completed project to guide them Item 1J - Page 1
through and determine the layout and playground equipment features. Those plans were then reviewed by the Park Enhancement Ad -Hoc Committee of the Parks & Recreation Commission as well as the Parks & Recreation Commission for additional input and feedback.

On May 20, 2024, the Parks & Recreation Commission received a presentation from representatives of Miracle Recreation Equipment Company and discussed the elements of the playground features for Baristo Park to ensure that there would be a variety of colors, and types of play elements for the age groups . At the conclusion, the Parks & Recreation Commission voted to recommend approval of the project to move forward to City Council for consideration with the request to include an additional shade feature to be installed over the swings at Baristo Park which was not depicted in a rendering at that time. Similar to other park playground projects, the specific colors of the playground equipment pieces , and shade structure w ere coordinated with staff and the Park Enhancement Ad-Hoc.

The Baristo Park replacement playground equipment consists of modern materials more conducive to local climate, provide additional shade structures, inclusive play features, as well as musical and fitness components.

On June 13, 2024, City Council approved Construction Contract 24C111 (Attachment C) with Miracle Recreation Equipment Company, to purchase and install playground equipment at Baristo Park for an amount not to exceed $3 86,379.62, inclusive of a 5 % contingency.

The project was initiated as part of a deferred maintenance plan to replace old playground with updated equipment to improve safety and quality of life, and to drive neighborhood revitalization.

STAFF ANALYSIS:

Following City Council’s approval, City staff identified that additional time was needed to develop a comprehensive site plan and complete the review process , and Contract Change Order No.1 ( Attachment D) was approved to provide an additional 28 working days, for a revised contract term from 115 to 143 working days.

During the finalization process, staff identified that the site would require a third-party safety inspection for the playground equipment and surfacing testing that was not included in the original scope of work , initiating Contract Change Order No. 2 (Attachment E) in the amount of $3,305 for the required safety inspections and testing, for a revised contract amount not to exceed $386,379.62.

Construction of the Project began January 27, 202 5, and was determined to be substantially completed on March 4, 2025. Staff recommend that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the Director Item 1J - Page 2
of Parks & Recreation 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 was awarded $383,074.62, and throughout the duration of the project the City entered into two contract change orders for a total increase of $3,305 and a final construction cost of $386,379.62.

The City is holding retention in the amount of $ 19,318.98 for Miracle Recreation Equipment Company pending the acceptance of improvements and filing of the Notice of Completion with the County Recorder’s Office.

REVIEWED BY:

Director of Parks & Recreation: Nicholas S. Gonzalez
Acting Procurement & Contracting Manager: Tabitha Richards Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Notice of Completion
B. Public Integrity Disclosure
C. Construction Contract 24C111
D. Contract Change Order 1
E. Contract Change Order 2

Item 1J - Page 3

ATTACHMENT A

Item 1J - 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

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

City of Palm Springs
Brenda Pree, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Fee
City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Miracle Recreation Equipment Company 878 Highway 60 Monett, MO 65708 ✔
Not Applicable
Not Applicable
6 March
25 Purchase and installation of playground equipment at Baristo Park Palm Springs
Riverside
Baristo Park
Baristo Park - 296 S. Calle Encilia, Palm Springs, CA 92262 Not applicable
Nicholas Gonzalez / Director of Parks & Recreation
Item 1J - Page 5

Page 2 of 2 ends

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 declare
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.

Nicholas Gonzalez
Director of Parks & Recreation
Palm Springs
CA
Signature of Owner or Owner's Authorized Agent
Nicholas Gonzalez: Director of Parks & Recreation
City of Palm Springs
Item 1J - Page 6

ATTACHMENT B

Item 1J - Page 7
Item 1J - Page 8
Who Must File?

CITY OF PALM SPRINGS

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

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
(Revised 09 13 18)

CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 1 ends

Item 1J - Page 9
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1} only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person seNes the applicant entity (e.g., as a member of an applicant LLCJ, then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

8. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 09 13 18)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTION FOR APPLICANTS)

Page 2 of 2 ends

Item 1J - Page 10

1. 2.

3. 4.

Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
/l;} ;lf,Ja., R~Lr<~iM
Address of Entity (Principle Plac
Local or California Address (if di
J1A
State where Entity is Registered with Secretary of State ra~

6. Type of Entity
g,6c,rporation O 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 _£_ ... ~ .... ·-· ........ _1/+-\=q.,_'1-;=-----J->-• _________ ~er D Director D Member O Manager ---r----" / [name]
D General Partner D Limited Partner
Other ____________ _
_ fr_L.3'<{j(_'---M ____ g....__('--r"-'' V\--'-\4:-__ r _______ [IJ)tfker Director Member Manager [name]
D General Partner D Limited Partner
Other ____________ _
-~~---'-..;;;.W_\l\....:..._W=--:Jl~--=-l-4~Ge___;_f'=-----------~er D Director D Member D Manager [name]
(Revised 09 13 18)
D General Partner D Limited Partner
Other ____________ _

CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1J - Page 11

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

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

Ql~~1t.1!£ . lOO io
a7of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl

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

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

Sig~D[_g Party, Printed Name. Title Date
(Revised 09 13 18)
I

CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

ATTACHMENT C

Item 1J - Page 12
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 13
CITY
OF
PALM

SPRINGS
SHORT
FORM

CONSTRUCTION

CONTRACT
24C111

BARISTO
PARK

REPLACEMENT

PLAYGROUND

EQUIPMENT

1. PARTIES
AND
DATE.

This
Contract
is
made
and
entered
into
this
17rH
day
of
June,
2024
by
and
between
the
City
of
Palm
Springs,
a
California
charter
city
and
municipal
corporation
("City")
and
Miracle
Recreation
Equipment
Company,
an
Iowa
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 Procurement.

This
contract
is
made
and
entered
into
in
reference
to
the
competitively
solicited
Sourcewell
Contract
#010521-L
TS
("Cooperative
Agreement")

2.3 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
removal and
replacement
of
playground
equipment
structures
at
Baristo
Park
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.

The
following
license
classifications
are
required
for
this
Project:

Class
B

2.4 Project.

City
desires
to
engage
Contractor
to
render
such
services
for
the
Baristo
Park
Replacement Playground
Equipment
("Project")
as
set
forth
in
this
Contract.

2.5 Project
Documents
&
Certifications.

Contractor
has
obtained,
and
delivers
concurrently
herewith,
payment
and
performance
bonds,
and
insurance
documents
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
the
Total
Contract
Price
of
Three
Hundred
Eighty-Three
Thousand
Seventy-Four
Dollars
and
Sixty-Two
cents
($383,074.62)
("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.

10.5 .21
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
, 18165\33505817
.l
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 14
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
stored
where
indicated.

Contractor
may
be
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
quantities,
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
the
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
satisfactorily
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.

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3.1. 7
Payment
to
Subcontractors.

Contractor
shall
pay
all
subcontractors
for
and
on
account
of
work
performed
by
such
subcontractors
in
accordance
with
the
terms
of
their
respective
subcontracts
and
as
provided
for
in
Section
7108.5
of
the
California
Business
and
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
promises
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,
including
all
exhibits,
drawings,
specifications
and
documents
therein,
and
attachments
and
addenda
thereto:
•
Services/Schedule
(Exhibit
"A")
•
Plans
and
Specifications
(Exhibit
"B")
•
Special
Conditions
(Exhibit
"C")
•
Contractor's
Certificate
Regarding
Workers'
Compensation
(Exhibit
"D")
•
Public
Works
Contractor
Registration
Certification
(Exhibit
"E")
•
Payment
and
Performance
Bonds
(Exhibit
"F'')
•
Executive
Order
N-6-22
Certification
(Exhibit
"G")
•
Change
Orders
executed
by
the
City
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.

The
plans
and
specifications
for
the Work
are
further
described
in
Exhibit
"B"
attached
hereto
and
incorporated
herein
by
this
reference.

Special
Conditions,
if
any,
relating
to
the
Work
are
described
in
Exhibit
"C"
attached
hereto
and
incorporated
herein
by
this
reference.

Revised

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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,
including
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
request
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 Substitutionsf"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,
offer
for
substitution
any
material,
process
or
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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 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 illustrations, 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 within 115 working days, 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 One Thousand Dollars ($1,000) 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 Revised 10.5.21
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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 Contractor 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 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.

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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 shall provide Contractor with a copy of the prevailing 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 claim 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 advised 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 Pavroll 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 1 0 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 Revised 10.5.21
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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, the 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 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 "E" 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 Revised 10.5.21 8 SHORT FORM CONSTRUCTION CONTRACT
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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 required 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.

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 investigated 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, Contractor 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 Revised 10.5.21 9 SHORT FORM CONSTRUCTION CONTRACT
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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 in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and Regulations. Contractor shall keep itselffully 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, Contractor 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 Revised 10.5.21
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or Class Ill disposal site; (2) subsurface or latent 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 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 GARB, 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 petformed 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 Revised 10.5.21
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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 utilizing 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.

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 the following format:

Supporting Documentation. The Contractor shall submit all claims in

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made Revised 10.5.21
55575.18165\33505817, I

3.12.4.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
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(0) 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, including 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 Claim 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 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 mutual 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 portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying 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 Revised 10.5.21
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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.

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
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.

Revised

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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 Government 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.

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 terminate 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 officials, employees, agents and volunteers free and Revised 10.5.21
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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, (collectively, "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 its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, 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.

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, Contractor 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 Revised 10.5 21
55575.18165\335058 I 7. I
16 SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 29
Employer's
Liability
Insurance;
and
(4)
Builders'IAII
Risk:

Builders'/AII
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
LiabiNty:

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)
Builder.s'IA/1
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.

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
1 O
1 O
01 plus
CG20
37 1 O
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,
employees,
agents
and
volunteers
shall
be
excess
of
Contractor's
insurance
and
shall
not
be
called
upon
to
contribute
with
it.

CONSTRUCTION

CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 30
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,
employees,
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'/AII
Risk
Policy
Requirements.

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.

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
investigation
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.

Revised
10 .5.21
18 SHORT
FORM

CONSTRUCTION

CONTRACT
55575
18165\33505817
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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 "C" 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 "C" 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 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 required 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 Revised 10.5.21 19 $HORT FORM CONSTRUCTION CONTRACT
55575 18165\33505817.I
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 32
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.

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 "D" 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.

Revised 10.5.21
55575.1816S\33SOS811. I
20 SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 33

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 terminated 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 th is Contract.

3.20.2 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 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 party any money or other consideration in exchange for obtaining this Contract.

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 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 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 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.

Revised 10.5.21
55575.18165\335058 I 7 I
:21 SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 34

3.21 General Provisions.

3.21.1 City's Representative. The City hereby designates the City Manager, 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 be subject to the review and approval of the City ("'Contractor's Representative"). Following approval by the City, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. 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 Contract 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 and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and 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:

Revised 10.5.21
55575 I 8165\33505817.1

MIRACLE RECREATION EQUIPMENT COMPANY
878 HIGHWAY 60
MONETT, MO 65708
ATTN: KEVIN WALKER

SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 35
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.

3.21.1 0 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.

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.

Revised 10.5.21
55575.18165\33505817.1
2:3 SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 36

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
structu
ra
I
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
provisions
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.

As
part
of
this
compliance
process,
Consultant
shall
also
certify compliance
with
the
Russian
Sanctions
Program
by
completing
the
form
located
in
Attachment
"G"
(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.

Revised

10.5 .21
55575
.18165\33505817
.1
[Signatures
on
Next
Page]
24 SHORT
FORM

CONSTRUCTION

CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259

1.L.
7/3/2024
Item 1J - Page 37

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND MIRACLE RECREATION EQUIPMENT COMPANY
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
:: ...... ~_i_c_L_____,;;;;R·;..._. ----
Signature
By:---r"'-~----,,-· ~-·· -
SiQnaiur~
(2nd signature required for Corporations)
Date: ~,77 / v{ Date: r,/z.;j,i./ --,-,,......,,------- CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: June 13, 2024 Item No.

APPROVED AS TO FORM: ATTEST:

APPROVED:

By:_§-~s-_,,.... __ ~---
City Manager -over $50,000
By
Deputy/Assistant City Manager -up to $50,000
Director -up to $25,000
Manager -up to $5,000
Revised 10.5.21 26
55575 18165\33505817.I
Date: _________ _

SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 38
EXHIBIT "A"

SERVICES / SCHEDULE
Scope of services shall include the purchase and installation of playground equipment and shade structures at Baristo Park as identified in Exhibit B, in accordance with the Cooperative Purchase Pricing identified by Sourcewell Contract #010521-L TS.

Revised 10.5.21 Exhibit A· 1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 I
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 39
Revised 10.5.21
55575.18165\335058 I 7. I
EXHIBIT "B"

SCHEDULE OF COMPENSATION
Exhibit B -1 SHORT FORM CONSTRUCTION CONTRACT
Destination $0-$999 $1,000-$4,999 $5,000-
$14,999
$15,000-
$24,999
$25,000-
$49,999
$50,000-
$99,999
$100,000 &
above
Playground Structures All 50 States & Canada List Plus
Freight List Less 3% List Less 8% List Less 1 3% List Less 17% List Less 20% List Less 23% Early Childhood, Site
Amenties & Shade All 50 States & Canada List Plus
Freight List Less 3% List Less 7% List Less 7 % List Less 10% List Less 15% List Less 20% Replacement Parts &
Hardware All 50 States & Canada List Less 2% List Less 2 % List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% Custom Equipment:

Level 1 Customs Priced not to exceed $10,000
Level 2 Customs Priced from $10,001 - $25,000
Level 3 Customs Priced from $25,001 - $50,000
Level 4 Customs Priced from $50,0001 - $100,000
Level 5 Customs Priced from $100,001 - $250,000
Turnkey Solutions:

Equipment Installation
Demo & Removal of
Existing Equipment
Site Preparation
Planning & Design Services
Engineered Wood Fiber
Surfacing
Poured in Place Rubber
Surfacing
Playground Turf
Rubber Tile Surfacing
Community Build Layout
& Supervision
Maintenance & Repairs
Bonding
Notes:

PlayPower Equipment Volume Rebates:
$1,000,000 to $1,499,99 2% Rebate
$1,500,000 and above 3% Rebate
4) Customer shall be responsible for providing a clear, level site and for coordinating the scheduling of all deliveries and installation 5) Site should permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional costs 6) Equipment installation pricing excludes all site work and landscaping; removal of existing equipment; storage of goods prior to installation; and drainage provisions. Call local representative for an estimate for site services
7) Building Permits, if required, shall be charged at the provider's cost PlayPower offers the following customer volumne rebate based on the calendar year:
$500,000 to $999,999 1% Rebate
3) Customer shall receive, unload and inspect goods upon arrival, noting any discrepancies on the Delivery Receipt prior to written acceptance of the shipment unless other arrangements have been made
Priced from $2500 - $6000 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $0 - $2500 per day. Pricing can vary greatly by state/province and across the various regions of the country Priced from $38 - $58 per cubic yard. Pricing can vary greatly by state/province and across the various regions of the country Priced not to exceed $20 per square foot. See separate price schedule Priced not to exceed $22 per square foot
Priced not to exceed $24 per square foot
Priced from $750 - $1000 per man day plus materials & equipment. Pricing can vary greatly by state/province and across the various regions of the country
Priced from $60 - $75 per man hour plus materials & equipment. Pricing can vary greatly by state/province and across the various regions of the country
Not to exceed 5% of billed amount
1) All equipment to be installed in accordance with specifications by PlayPower factory-certified professional installers 2) Equipment shall be installed within four (4) weeks of product delivery, unless requested by agency to be delayed Priced from $2500 - $6000 per day. Pricing can vary greatly by state/province and across the various regions of the country Miracle Recreation Equipment Prices and Labor Rates
Sourcewell Contract #010521 Equipment Pricing & Labor Rates FOB ORIGIN (FREIGHT NOT INCLUDED) Order Amount
Priced from 30% - 65% of Equipment List Price. Pricing can vary greatly by state/province and across the various regions of the country Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 40
Miracle .

I I
I I
............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 ............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 ............................................................................... 1 ................................................................................................................................................................................................................................................................................................................................................................................................................................ ,1 .............................................................................. 1 .................................................................................................................................................................................................................................................................................................................................................................................................................................. ,1 .............................................................................. 1 .................................................................................................................................................................................................................................................................................................................................................................................................................................. ,1 ............................................................................... 1 ................................................................................................................................................................................................................................................................................................................................................................................................................................ ,1 ............................................................................... 1 ................................................................................................................................................................................................................................................................................................................................................................................................................................ ,1 ............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 """""""""""""""""""""""""""""""""""""""'1""'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"""'"'"'"'"'"'"'"'"'"''"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"'"''""'"'"'"'"'"'"'"'"'"'1 ............................................................................... 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................... ,1 Baristo Park - City of
Palm Springs -
Miracle Structure

Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 41
Miracle .

Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 42
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Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 44
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 45
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 46

GROUND SP
ACE:

PROTECTIVE
AREA:

DRA
WN BY
:

DA
TE:

PHONE NO:

F
AX NO:

COMPLIES
T
O
ADA

COMPLIES
T
O

ASTM/CPSC
T
o promote safe and proper equipment use
by children. Miracle recommends the
installation of either a Miracle safety sign or
other appropriate safety signage near each
playsystem's main entry point(s) to inform
parents and supervisors of the age
appropriateness of the playsystem and
general rules for safe play
.

THE PLA
Y

COMPONENTS IDENTIFIED IN
THIS
PLAN

ARE IPEMA
CER
TIFIED.

THE USE
AND
LA
YOUT
OF

THESE COMPONENTS CONFORM
T
O

THE REQUIREMENTS OF
ASTM F1487.

AN ENERGY

ABSORBING PROTECTIVE
SURF

ACE IS REQUIRED UNDER &
AROUND
ALL
PLA
Y

SYSTEMS
(877)
215
-3869
Palm Springs, CA
Baristo Park
R0036_45264446365
951
-254
-2409
Corona,CA
1 101 California
A
ve
12/8/2023
Bryce Lawrence
127'
-6" x 44'
-0"
1 15'
-6"
x 38'
-6"

MIRACLE PLA
YGROUND SALES, INC.

ELEV
A

TED PLA
Y

ACTIVITIES
-
T
OT
AL:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY

TRANSFER:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY
RAMP:

GROUND LEVEL

ACTIVITY

TYPE:

GROUND LEVEL

QUANTITY
:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
2-5
3 3
5 0
9 5
4 0
8 ELEV
A

TED PLA
Y

ACTIVITIES
-
T
OT
AL:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY

TRANSFER:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY
RAMP:

GROUND LEVEL

ACTIVITY

TYPE:

GROUND LEVEL

QUANTITY
:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5-12
3 3
4 0
8 7
4 0
8 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 47
-
Miracle
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 6502
Estimate Date 05-21-2024
Expiration Date 06-23-2024
Customer City of Palm Springs
Name Tabitha Richards
Phone (760) 323-8202
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Baristo Park - City of Palm Springs - Miracle Structure Description Quantity Price Discount Total
MREC 5-12
Custom 5-12 Year Old
Playground from Miracle
recreation Equipment Company.

Drawing Number
R0036_45264446365
1 $49,431.00 22.00% $38,556.18
MREC 2-5
Custom 2-5 Year Old Playground
from Miracle Recreation
1 $44,514.00 22.00% $34,720.92
MREC Freestanding
Two Bay Swing Set with
Integrated Shade and with 2 Belt,
1 Generation and 1 Inclusive
1 $17,530.00 22.00% $13,673.40
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 48
Miracle .

Stamped Drawings
Stamped Drawing for
Playgrounds and Integrated
Shade
5 days at $1500 a day
1 $7,500.00 0.00% $7,500.00
$94,450.50

9.25% Sales Tax $8,736.67
Product Total $103,187.17
Description Quantity Rate
Freight Miracle
Shipping costs for Miracle Recreation Equipment. All
prices FOB Destination. Unloading is the
responsibility of the receiver. Parts will arrive loose and/or palletized. We recommend at least three people
to unload a full play structure delivery.
1 $6,041.00
Site Preparation
Mobilize Equipment and Materials
1 $3,500.00
Demo & Removal of Existing Equipment

DEMO AND DISPOSE OF EXISTING PLAYGROUND
EQUIPMENT. EXISTING USA SHADES TO REMAIN IN
PLACE (4 DAYS)
4 $11,400.00
Demo & Removal of Existing Equipment
DEMO AND DISPOSE OF EXISTING CONCRETE RAMPS.

APPROXIMATELY 200 SQFT. (1 DAY)
1 $3,000.00
Demo & Removal of Existing Equipment

DEMO AND DISPOSE OF EXISTING POUR IN PLACE
RUBBER SURFACING AND SUB BASE MATERIALS.

APPROXIMATELY 750 SQFT. (1 DAY) + COST OF
DISPOSAL FEES.
1 $5,980.00
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 49
Demo & Removal of Existing Equipment

EXCAVATION AND DISPOSE OF EXISTING WOOD
CHIPS. APPROXIMATELY 6,113 SQFT. (2 DAYS) +
COST OF DISPOSAL FEES.
2 $11,960.00
Site Preparation
CONSTRUCTION OF CONCRETE KEY CURB.

APPROXIMATELY 403' LINEAR FEET. (3 DAYS) +

COST OF CONCRETE
3 $17,612.25
Site Preparation

PROVIDE, GRADE AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 6,863 SQFT. (3 DAYS) +

COST OF MATERIALS
3 $17,757.15
Equipment Installation

INSTALLATION ONL Y OF MIRACLE RECREATION

EQUIPMENT - REFER TO MREC DRAWING
R0036_45264446365 TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A
MREC CERTIFIED INSTALLER (10 DAYS)
10 $53,438.20
Poured in Place Rubber Surfacing

PROVIDE AND INSTALL POUR IN PLACE RUBBER
SURFACING. 50/50 BLACK AND STANDARD COLOR
WITH AROMATIC BINDER. EXCLUDES DESIGNS
AND GRAPHICS. APPROXIMATELY 6,863 SQFT. FOR AN
AVG. CFH OF 8'. (5 DAYS) PLUS MATERIALS.
5 $136,210.60
Planning & Design Services

COST TO SUBMIT PLAYGROUND ENGINEERING TO CITY
BUILDING AND SAFETY DEPARTMENT. (3 DAYS)
3 $5,468.25
Bond Fee 1 $7,520.00
$279,887.45
Tax $0.00
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 50
Shipping, Handling and Non Taxable Services Total $279,887.45 Pricing based on Miracle Recreation's Sourcewell contract #01521-L TS (formerly known as NJPA) Grand Total $383,074.62
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 1101 California Ave Suite 209 Corona, CA 92881 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.

Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 51
WHY MIRACLE ®
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 52
Miracle brings you the thrills of a lifetime.

Miracle is one of the nation’s ﬁ rst and most innovative playground equipment manufacturers. We ﬁ rst began shaping the future of play in 1927 when our founder Johnnie Ahrens created the Whirl — a tilting, kid-powered merry-go-round — based on the timeless insight that, “Kids want action.” That same inspiration has driven more than 90 years of innovation, including the introductions of the ﬁ rst ﬁ berglass slide (1963), the 25-foot Mega Tower® (2000s), and the Avalanche Inclusive Slide (2015). Our latest advance, the Extreme Generation adventure playground, delivers challenging physical events for kids seeking extreme play. Its design brings play to new heights, with innovative, fully-enclosed skyways that provide elaborate rope-course-inspired activities far above ground, safely adding an element of perceived risk to any play space.

This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.

VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.

GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.

MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
ﬁ ngers safe.

COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.

The Miracle Advantage
We believe the experience of building a playground should be as intuitive as playing on it. From design, speciﬁ cation, funding, purchasing and installation, we’ll be with you every step of the way. Our customized design process is free because there should never be a charge to dream.

Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.

SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety speciﬁ cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.

To verify product certiﬁ cation, visit www.ipema.org.
miracle-recreation.com 193
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 53
e
~M,l,ffOlll.&L
sr..-d1Wot1d,old•
l~

NTERNAT I ONAL

PLAY EQUIPMENT

MANUFACTURERS
ASSOCIATIOr-1
MEMBER
Red lime Forest GreenTropical YellowYellow ChartreuseOrange Green lavender Plum BurgundySkyTeal Cyan Blue Cobalt
Beige WhiteBrown light GrayBrownstone GraystoneDark Brown Gray Black (Roofs Only)
Rock-ite® Plastic Colors
Roofs, Slides, Big Timber® Components, Crawl Tubes, Bongos™, Bumpers and Panels.

Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 54
Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).

Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.

Yellow Habanero Rainforest Desert Dunes GrayOrange Mediterranean Safari Mahogany White Red Hunter GreenRoyal Blue SandBrown Dark Gray
Mira-Therm™ Textured Colors
Mira-Therm coatings for Decks, Steps, Ramps, Bridges and Cargo Climbers are available in either orthophtalate-free Mira-Therm 2 (vinyl) or Mira-Therm PE (polyethylene)–based coatings with Antimicrobial enhancements.

Miracle® uses high quality materials and state of the art manufacturing processes. Commercial playgrounds and products are subjected to years of environmental and solar exposure. Such extreme exposure takes its toll on paints and pigments, and all colors will fade over time. So Miracle® does not warrant against color fading or discoloration. It is important to properly maintain your playground to ensure its longevity. Depending on environmental conditions at your location, the installation of fabric shade structures may help to delay fading and discoloration.

Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 55
Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.

Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.

Miracle-Recreation.com198 COLOR CHOiCES
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 56
Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.

Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:

1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT : Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.

2. lIMITED FIFTEEN (15) YEAR WARRANTY: All rigid steel playground components, decks, steps, and weldments, rotationally molded and sheet plastic components, plastic lumber, roof panels, and stainless steel slides, except as otherwise specified below.

3. lIMITED TEN (10) YEAR WARRANTY: Fabric shade steel frames, and Shadesure™ and Colourshade FR fabrics (Note Exception:
limited Five (5) Year Warranty on Shadesure™ fabrics in colors Red, Yellow, Electric Purple, zesty lime, Cinnamon, and Olive .)

4. lIMITED EIGHT (8) YEAR WARRANTY:
• Fiberglass signage, accessible swing seats, precast PolyFiberCrete or precast concrete products. • Play Terrain Synthetic Turf safety surfacing against deterioration of specified attenuation performance and appearance. • Integrated shade fabric and components against rot, Uv deterioration and defects in materials and workmanship (Note Exception: limited Three (3) Year Warranty for fabric in shades of red).

5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coa ting against cracking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).

6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.

7. lIMITED ONE (1) YEAR WARRANTY:
• Slashproof Swing Seats, 360° Bucket Tot Swing Seats, and Tuff Net no climbing mesh. • Pool slide support structures, stairways, landings and railings. • All other products, components and custom pieces that are not specifically listed above, including, without limitation, all moving parts, such as swing hangers and bearings, swivels, chains, whirls, springs and flexible components, and all high wear items, such as trolleys, cables, wheels, and bumper stops related to rail and cable ride products.

BUYER’S REMEDY: If any products prove defective or non-conforming under normal use and within the above-prescribed warranty periods and material categories, Buyer must promptly notify Miracle in writing at 878 E. Hwy 60, Monett, MO 65708 USA. Miracle does not warranty that any particular color will be available for any period of time, and reserves the right to discontinue any color for any reason, without recourse by the Purchaser or Owner of the discontinued color. Miracle may elect to inspect the alleged defect at Buyer’s site or at Miracle’s facility. Buyer shall not return products to Miracle unless authorized by Miracle to do so. Authorized returns must be properly packaged and shipped prepaid and insured, at Buyer’s expense. Upon verification of warranty coverage, Miracle may elect, in its sole discretion, to repair defective or non-conforming products, or replace them by delivering products or part(s) of similar functionality free of charge to the site. Miracle’s limited warranties do not cover the cost of labor to remove defective or non -conforming part(s) or to install repaired or replacement part(s). By use of these limited warranties, Buyer accepts their terms and limitations, and waives any rights it would otherwise have to claim or assert that such warranties fail of their essential purpose. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Barry or Greene Counties in the State of Missouri. lIMITATIONS: All warranty periods begin on the date of Miracle’s invoice. Repaired and/or replacement part(s) are warranted only for the balance of the original limited warranty period. Warranties extend only to the original Buyer/end user for products purchased from Miracle or a Miracle authorized reseller, and are not transferrable.

Warranties apply only to Miracle products that are erected and installed in conformance with Miracle’s installation instructions, and that are maintained and inspected in conformance with Miracle maintenance and operational instructions.

Warranties specifically do not cover Miracle products:
• for cosmetic damage or flaws occurring under normal use, such as surface scratches, minor chips, hairline cracks, dents, marring, efflorescence, color fade (except for shade fabric as noted above), discoloration, corrosion/rust, fraying, or warping of recycled plastic lumber;
• that have been modified, altered, or repaired by unauthorized third parties; • that have not been used as designed or intended, or misused; • to which non-Miracle parts have been added or substituted; • that have been removed from their original location and re-installed elsewhere, without pre-approval by Miracle; • or that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental factors (such as wind-blown sand, salt spray, or airborne emissions from industrial sources), extreme weather (such as hail, flooding, lightning, tornados, sandstorms, earthquakes, or wind storms), and acts of God.

THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN C ONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.

Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 57
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.

• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.

• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.

• European Norm EN-1176. Miracle® offers
playgrounds that have been certified by Tüv
Product Service, the recognized testing house
designated by the European Union. This
certification demonstrates compliance with the
European Harmonized Standard for Commercial
Play Equipment, EN 1176.

• IPEMA Member: Miracle® is a member in good
standing of the International Play Equipment
Manufacturer’s Association (IPEMA), a mem-
ber-driven international trade organization which
represents and promotes an open market for
manufacturers of play equipment.
• In the interest of playground safety, the Interna-
tional Play Equipment Manufacturers Association
(IPEMA) provides a Third Party Certification
Service whereby a designated independent
laboratory, TÜv SÜD America Inc., (TÜv),
validates an equipment manufacturer’s certifica-
tion of conformance to the ASTM F1487 Standard
Consumer Safety Performance Specification for
Playground Equipment for Public Use, except
sections 7.1.1, 10, 13.1.1, 13.1.2, 13.2, and 13.3; to
CAN/CSA z614 Children’s Playspaces and
Equipment, except clauses 10 and 11; or both. A
list of current validated products may be viewed
at www.ipema.org.
• In the Interest of playground safety, the
International Play Equipment Manufacturers
Association (IPEMA) provides a Third Party
Certification program whereby a designated
independent laboratory, TÜv SÜD America Inc.,
(TÜv), validates a surfacing manufacturer’s
certification of conformance to ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion, Section 4.2; ASTM F1292,
Standard Specification for Impact Attenuation
Under and Around Playground Equipment Perfor-
mance Criterion (in its entirety); ASTM F3351,
Standard Test Method for Impact Testing In labo-
ratory at Specified Test Height; and for an
engineered wood fiber manufacturer its
certification of conformance, also to ASTM
F2075, Standard Specification for Engineered
Wood Fiber for Use as a Playground Safety
Surface Under and Around Playground Equip-
ment; and for a loose Fill Rubber manufacturer
its certification of conformance, also to ASTM
F3012, Standard Specification for loose Fill
Rubber for Use as a Playground Safety Surface
under and around Playground Equipment. A list
of current validated products, their thickness and
critical height may be viewed at www.ipema.org.

Certifications
Miracle-Recreation.com194 CERTIFICATIONS
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 58
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CERTIFIED
CSAW47 .1
•
l~RNATtONAL
Standards Worldwide
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Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 59
. . .

EXHIBIT "C"

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City two identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit "F" 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.

EXHIBIT "D"

CERTIFICATION
LABOR CODE -SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq .. 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

MIRACLE RECREATION EQUIPMENT COMPANY
By: 1~
Signature
Name (Print)
Tlt~~in~
Revised 10.5.21 Exhibit 0-1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817.1
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Miracle Recreation Equipment Comapny
06/30/2024
Miracle Recreation Equipment Comapny
x
1000033932
Kevin Walker
CS Manager
7/10/2024
Item 1J - Page 60

EXHIBIT
"E"
PUBLIC
WORKS

CONTRACTOR

REGISTRATION

CERTIFICATION
Pursuant
to
Labor
Code
sections
1725.5
and
1771.1,
all
contractors
and
subcontractors
that
wish
to
bid
on,
be
listed
in
a
bid
proposal,
or
enter
into
a
contract
to
perform
public
work
must
be
registered
with
the
Department
of
Industrial
Relations.

See
http://www.dir.ca.gov/Public
Works/PublicWorks.html
for
additional
information.

No
bid
wilt
be
accepted
nor
any contract
entered
into
without
proof
of
the
contractor's
and
subcontractors'
current
registration
with
the
Department
of
Industrial
Relations
to
perform
public
work. Contractor
hereby
certifies
that
it is
aware
of
the
registration
requirements
set
forth
in
Labor
Code
sections
1725.5
and
1771.1
and
is
currently
registered
as
a
contractor
with
the
Department
of
Industrial
Relations.
1 Name
of
Contractor:
--------------
DIR
Registration
Number:
___________
_
DIR
Registration
Expiration:
___________
_
Small
Project
Exemption:
__
Yes
or
__
No
Unless
Contractor
is
exempt
pursuant
to
the
small
project
exemption,
Contractor
further
acknowledges:

1. Contractor
shall
maintain
a
current
DIR
registration
for
the
duration
of
the
project.

2. Contractor
shall
include
the
requirements
of
Labor
Code
sections
1725.5
and
1771.1
in
its
contract
with
subcontractors
and
ensure
that
all
subcontractors
are
registered
at
the
time
of
bid
opening
and
maintain
registration
status
for
the
duration
of
the
project.

3. Failure
to
submit
this
form
or
comply
with
any
of
the
above
requirements
may
result
in
a
finding
that
the
bid
is
non-responsive.

Name
of
Contractor:
________
_
l,
DocuSigned
by:

Signature:
__
L_kw_OF3-0~~-c,-~-~-AA
!JI'_···
------
Name
and
Title:
_________
_
Dated:
____________
_
1 If
the
Project
is
exempt
from
the
contractor
registration
requirements
pursuant
to
the
small
project
exemption
under
Labor
Code
Sections
1725.5
and
1771.1,
please
mark
"Yes"
in
response
to
''Small
Project
Exemption."
Revised
10 .5.21
Exhibit
E
-1
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
. 18
I 65\33505817
l
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 61
Revised

4.13 .23
5557518165\33505817
,I

EXHIBIT
"F"

PAYMENT
AND

PERFORMANCE
BONDS
Exhibit
F
-1
SHORT
FORM

CONSTRUCTION

CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 62

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS :

Bond #LICX1979552
THAT WHEREAS , the City of Palm Springs (hereinafter referred to as "City") has awarded to Miracle Recreation Equipment Company , (hereinafter referred to as the "Contractor") an agreement for Baristo Park Replacement Playground Equipment (hereinafter referred to as the "Project").

WHEREAS , the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 17, 2024, (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, Miracle Recreation Equipment Company , the undersigned Contractor and Lexon Insurance Company as Surety , a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Eighty-Three Thousand Seventy Four Dollars and Sixty-Two Cents, ($383,074 .62), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves , our heirs, executors and administrators , successors and assigns, jointly and severally , firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS 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 in the manner therein specified , and in all respects according to their intent and meaning ; and shall faithfully fulfill all obligations including 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 , th_en 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 of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship , Surety shall undertake and faithfully fulfill 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:

Revised 4.13.23
55575.18165\335058 I 7. I
Exhibit F - 2 SHORT FORM CONSTRUC TION CONTRAC T
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 63
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents ; or
(2) 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 .
(3) 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 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.

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.

IN WITNESS WHEREOF , we have hereunto set our hands and seals this 27th - dar of-- June , 20w .
(Corporate Seal)
Revised 4.13.23
55575.18 165\335058 I 7.1
Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT
.._
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 64
Suret
- -
Signatures of those signing for the Contractor and Sur ty ust be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title Barbara Pannier, Attorney-In-Fact The rate of premium on this bond is __ $_1_5._o_o __ per thousand. The total amount of premium charges , $...:5..:.;,7....;4...:.6.c.:.o...:.o ______ _____ _ (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) Lexon Insurance Company
10002 Shelbyville Road, Suite 100
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
Louisville, KY 40223
Aon Risk Insurance Services West, Inc.
707 Wilshire Boulevard , Suite 2600
Los Angeles, CA 90017
(213) 630-3200
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

Revised 4.13.23
55575.18165\335058 I 7 I
Exhibit F - 4 SHORT FORM CONSTRUCTIO N CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 65
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 _____ _
On ____ _ __ ___._ 20_, before me, ______________ , Notary Public, personally
appeared _________ _ ________ ,, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their 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 true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
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 form to another document .

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Partner(s)
o Attorney-In-Fact
o Trustee(s)
Title(s)

Guardian/Conservator
D Other:

Signer is representing :

Limited
General
Name Of Person(s) Or Entity(ies)
Revised 4.13.23
55575.18165\335058 17.1
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Exhibit F - 5 SHORT FORM CONSTRUCTION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 66

I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A Notary Public or other officer completi ng 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 MISSOURI
County of ST. LOUIS
On I., f 1!1 ! ?,_ O A 4 before me, Sa le na Wood , Notary Pub I ic, persona II y appeared Barbara P nnie · 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 acknow ledged 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature AL &lei
Signature of Notary Public, County of St. Louis

SALENA WOOD
Notary Public - Notary Seal

STATE OF MISSOURI
St. Louis Coun ty
My Commission Expires: Jul. 17, 2027
Commission #15129105
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 67
. , SOMPO INTE RNATIO NAL

INSURANCE POWER OF ATTORNEY
11118
KNOW ALL BY THESE PRESENTS, that Enduran ce Assurance Corporation , a Delaware corporation (' EAC'), Endurance American Insurance Company , a Delaware corporation ("EAIC'), Lexon Insurance Company , a Texas corporation ("UC") , and/or Bond Safeguard Insurance Company , a South Dakota corporation ("BSIC'), each, a 'Company' and collectively , "Sompo Internat ional ," do hereby constitute and appoint: Susan A. Welsh, Sandra M. Winsted, Christina L. Sandoval , Judith A. Lucky Eftimo v, Aerie Walton, Derek J. Elston , Jennifer Williams , Salena Wood, Eric D. Sauer , Bartlomi ej Siepier s ki, Barbara Pannier , Rachel Fore , Kristin L. Hannigan , Samantha Chierici , Corinn e Chapman , Jean Torres , Roger Parais on, Nicholas Kertesz, Dartonya Wrigh t, Tara A. Maquinto , Richard Casa, Aaron D. Griffin , Therese M. Jackson , Robert Nachreiner as true and lawful Attorney (s)-ln-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co-surety ; bonds and unde rtakings given for any and all purposes , also to execute and deliver on its behalf as aforesaid renewals, extensions , agreements , waivers , consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delive red shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Million Dollars ($100 ,000,000 .00).

Such bonds and undertakings for said purposes, when duly executed by said attorney (s)-in-fact, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary.

This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March , 2023 for BSIC and UC and the 17th day of May, 2023 for EAC and EAIC, a copy of which appears below under the heading entitled ' Certificate ".

This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March , 2023 for BSIC and U C and the 17th day of May, 2023 for EAC and EAIC and said resolution has not since been revoked, amended or repealed:

RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile , and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached .

IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corpora te seal to be affixed this 25th day of May, 2023.

Enduran ce American (;
lnsuran ce,Company
By C L ..) 'I I I ... / fl (
Richard Appel; ,SWP,& .~enior Counsel
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ounsel
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i p INSURANCE $ ;
"% b COMPANY f <
.• _o> 'I"'/
,,, .. ,, ,, .. ,.,\
0 ,JI <
ounse l
On this 25th day of May , 2023, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/11:)et'~~:Af!uftice r of each of the Companies , and that he executed said instrument on behalf of each Company by authonty of his offic under th~ws of each Compa7· •·; .. -~~~---.: '--..__} By Amy Ta,O<, Nj~/ ~ =m;s,'f e,,,;:f 31_,/,7_j
CERTIFICATE ,;7bli1 M; Co ,,, q,~~---
,,,,,,, .. ,,, ,,'
I, the undersigned Officer of each Company, DO HEREBY CERTIFY that:

1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof,

2. The following are resolutions which were adopted by the board of directors of each Company by unanimous writte n consent effec1ive 30th day of March , 2023 for BSIC and UC and the 17'h day of May, 2023 for EAC and EAIC and said resol utions have not since been revoked , amended or modified:
' RESOLVED , that each of the individua ls named below is authorized to make, execute , seal and deliver for and on):>ehalf of the Company any and all bonds , undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL, MATTHEW E. CURRAN, MARGARET HYLAND , SHARON L. SIMS , CHRISTOP HER L. SPARRO ,
and be it further
RESO LVED, that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making , executing, sealing and delivering bonds, undertakings or obligations in surety or co-surety for and on behalf of the Company .'

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole lliereof .

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this I 27th l day of _,_---'---'- 4' 201E:J .

NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL IOFACl ✓
- ~
No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides infotmation concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of ·national emergency•. OFAC has identified and listed numerous foreign agents, front organizations, terrorists. terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's website - https iwww treasury gov1resource-centerlsancnons/SON-L1st.

In accordance with OFAC regulations, ~ it is determined that you or any other person or entity claiming the benefits of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person. as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply.

Any reproductions are void.

Surety Claims Submission: LexonClaimAdmimstration@sompo -intl .com Telephone: 615 -553-9500 Mailing Addre ss: Sompo International ; 12890 Lebanon Road; Mount Julie t, TN 37122-2 870 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 68

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
Bond #LICX1979552
WHEREAS , the City of Palm Springs (hereinafter designated as the "City"), by action taken on June 13, 2024 has awarded to Miracle Recreation Equipment Company hereinafter designated as the "Principal," a contract for the work described as follows:

Baristo Park Replacement Playground Equipment (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 June 17, 2024 ("Contract Documents"), the terms and conditions of which are expressly incorporated 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 , equipment , or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted , withheld , and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE , we, the Principal and Lexon Insurance Company as Surety , are held and firmly bound unto the City in the penal sum of Three Hundred Eighty-Three Thousand Seventy-Four Dollars and Sixty-Two Cents ($383,074.62) lawful money of the United States of America , for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors , administrators , successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal , his or its subcontractors , heirs, executors , administrators , successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the 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 labor 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 of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described , or pertaining Revised 4.13.23 Exhibit F - 6 SHORT FORM CONSTR UCTION CONTRAC T 55575. I 8165\335058 I 7 I
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 69
or relating to the furnishing of labor, materials , or equipment therefore , nor by any change or modification of any terms of payment or extension 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 claimant 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 under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given , by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the 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.

IN WITNESS WHEREOF , we have hereunto set our hands and seals this 27th day of June , 20~.
(Corporate Seal) ____ __________ ----,----:+-----
Contractor/ Principal
Title_(_ I --+-,Ah- ~-----:>f-------'--·---=--· . __
__ .... .,...

Lexon Insurance Company
(Cor~orate Seal)
Title Barbara Pannier, Attorney -In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached 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.

Revised 4.13.23 Exhibit F · 7 SHORT FORM CONSTRUCTION CONTRACT 55575. I 8 165\335058 17.1
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 70
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 ------
On -------~ 20_, before me,
personally
______________ , Notary Public,
appeared _________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their 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 true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
D Other:

Signer is representing :

Name Of Person(s) Or Entity(ies)
Revised 4. 13.23
55575 .18 165\335058 17. I
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Exhibit F • 8 SHORT FORM CONSTRUCT ION CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 71
!CALIFORNIA ALL-PURPOSE 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 MISSOURI
County of __ --=S--'-T-'-. =LO=...::;U-"-'I S=-----
On ~ ~ 'A 'l I ')._o 1 Ji before me, Salena Wood , Notary Pub lie, persona II y appeared Barbara ann~ er 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 Cali fornia that the foregoing paragraph is true and conect.

WIT ESS my hand and official seal.

Signature xi~ ~
Signature of Notary Public, County of St. Louis

SALENA WOOD
Notary Public - Notary Seal

STATE OF MISSOURI
St. Louis County
My Commi ssion Expires: Jul. 17. 2027
Commission #15129105
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 72

POWER OF ATTORNEY
11118
- 1 SOMPO INTERNATIONAL

INSURANCE
KNOW ALL BY THESE PRESENTS . that Enduran ce Assurance Corporation . a Delaware corporation ("EAC"). Endurance American Insurance Company . a Delaware corporat ion ("EAJC"). Lexon Insurance Company . a Texas corporation ("UC"). and/or Bond Safeguard Insurance Company . a South Dakota corporation (' BSIC"), each. a "Company • and collectively . "Sompo Internat ional ,' do hereby constitute and appoint: Susan A. Wels h. Sandra M. Winsted , Christina L. Sandoval , Judith A. Lucky Eftimov , Aerie Walton, Derek J. Elston . Jennif er Williams , Salena Wood , Eric D. Sauer. Bartlom iej Siepierski , Barbara Pannier , Rachel Fore, Kristin L. Hannigan , Saman tha Chierici , Corinne Chapman , Jean Torres , Roger Paraison , Nicholas Kertesz, Dartonya Wright, Tara A. Maquinto , Richard Casa, Aaron D. Griffin , Therese M. Jackson , Robert Nachrein er as true and lawful Attorney(s)-ln-Fact to make , execute, seal, and deliver for, and on its beha lf as surety or co-surety ; bonds and undertakings given for any and all purposes . also to execute and deliver on its behalf as aforesaid renewals . extensions. agreements . waivers . consents or stipulations relating to such bonds or undertakings provided, however . that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of One Hundred Milli on Dolla rs ($100,000,000.00).

Such bonds and undertakings for said purposes , when duly executed by said attorney (s)-in-fact , shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corpor ate seal attested by its Corporate Secretary.

This appointment is made under and by authority of certain resolutions adopted by the board of directors of each Company by unanimous written consent effective the 301" day of March . 2023 for BSIC and UC and the 17'" day of May. 2023 for EAC and EAIC. a copy of which appears below under the heading entitled •certificate ".

This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and UC and the 17th day of May. 2023 for EAC and EAIC and said resolution has not since been revoked. amended or repealed:

RESO LVED . that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached .

IN WITNESS WHEREOF . each Company has caused this instrument to be signed by the following officers. and its corporat e seal to be affixed this 25th day of May. 2023.

Ei d ranee Assur ance Corporation
.. ' -
By: C L J . I I I ~ ff"' /
Richard Appel ;,~VSll& .~~nior Couns el
····• ~suranc~••,,, .. \'-"' ..... ~ ,,
. / 0 .. 0~P01?,1;.°c,\ : t ·v ~-. - ~
f (I; :' SEAL ·-i \ i ~: :n> i , ,:, ·. 2002 : :::- ;,
\~· .. ~LAWAR.~.:~/
........ ,.. . . . . . .. .. ~~ ... ~
,,~,.,,,,,u,1 .. •''"' .. .,.

Endurance American 1 Insurance-Company ( )
l.cl....J '/ I ' UH-<
ard Appel; .SllP,& ,~enio r Counsel
,,/'~,<?;~. l~s(;;_••,,,,
•. •· ~e..,.~pO~;- ~ \
;'<('.:,.,O <"-."'"' f :'5: SEAL \~1 t ~:. 1996 ,:o I
~ ? .. DEl.AWARE :J f \CC ·. -•~ f ,,, (,~· ..... •·1--> .• ,,,,,, ......... . .... ~••·•· ACKNOWLEDGEMENT
Bond Safeguard
l lnsura ~ce C mpa9y /)
By: ?-_<i«,y . I I ' '·( .; (
Ricliard Appel ; ,SVP & Senior ounsel
-~~IN~J?.. '•,
,. ov . . A "'°c ..•
'ii . «' <
.
i !$ SOUTH () S: = iJs DAKOTA O :
f o INSURANCE ~ ;
% ~ COMPANY .ls f
- o) ~
,,,,,. ,., ,,.·.•·
On this 25th day of May. 2023. before me, personally came the above signatones known to me, who being duly sworn, did depose and say that he/tl;lef'J~:Af!~!ycer of each of<he C-m~ ; aodthal he ~ewl•d ~d ,ostrumem ~ behalf of each Compa,y by aahorizy ::•• offic oOOec lhfjj" of =h C=par; • ¼"7.··)',,, 1 Amy Taylor, No~l~/ h mmiss~ ~pires 31.9127.: CERTIFICATE ,;;'bli1 M; Cc •,, ,~ ,.· ,,,,,, 11 11 l \ \ ,,,"
I, the undersigned Officer of each Company , DO HEREBY CERTIFY that:

2. The following are resolutions which were adopted by the board of directors of each Company by unanimous written consent effective 30th day of March , 2023 for BSIC and UC and the 17th day of May, 2023 for EAC and EAIC and said resolutions have not since been revoked , amended or modified :
"RESOLVED , that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalfof the Company any and all bonds , undertakings or obligations in surety or co-surety with others: RICHARD M. APPEL. MATTHEW E. CURRAN , MARGARET HYLAND, SHARON L. SIMS.

CHRISTOPHER L. SPARRO .
and be it further
RESOLVED , that each of the individuals named above is authorized to appoint attorneys-in-fact for the purpose of making. executing . sealing and delivering bonds , undertakings or obligations in surety or co-surety for and on behalf of the Company .•

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole ther~f.

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the corporate seal this I 27th I day of _. ___ '-", 20 1E:J .

NOTICE: U. S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFACl No coverage is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives issued by OFAC. Please read this Notice carefully.

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency·. OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons·. This list can be located on the United States Treasury's website - https ,www treasury govtresource-centertsancbonsJSDN-L,st.

In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming the benefrts of any coverage has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made w~hout authorization from OFAC. Other limitations on the premiums and payments may also apply.

Any repro ductions are void.

Surety Claims Submission : LexonClaimAdmimstration@somp o-intl .com Telephone : 615 -553-9500 Mailing Address: Sompo Internation al; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Item 1J - Page 73
.. ii, ...

EXHIBIT "G"
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 Exef:~j. o_;ier N-6-22 and b) the person signing below is duly authorized to legally bind th ontr0Cis certification is made under the laws of the Slate of California.

Signature:.---\:, _______________ _
Printed Name: l~e'-'(}'1 { Jsk
Title: C ) ~
Firm Name: tJ.l✓~ R~~~ {6zwfJ ~
Date: l, { 1~f LY
Revised 10.5.21
55575.18165\33505817. l
Exhibit G - 1 SHORT FORM CONSTRUCTION CONTRACT

ATTACHMENT D

Item 1J - Page 74

CONTRACT ABSTRACT
Contract/Amendment
Name of Contract:

Company Name:

Company Contact:

Email:

Summary of Services:

Contract Price:

Contract Term:

Public Integrity/ Business
Disclosure Forms:

Contract Administration
Lead Department:

Contract Administrator/ Ext:

Contract Approvals
Council/City Manager Approval Date:

Agreement Number:

Amendment Number:

Contract Compliance
Exhibits:

Insurance:

Routed By:

Bonds:

Business License:

Sole Source Co-Op
CoOp Agmt #: Sole Source
Documents: CoOp Name:

CoOp Pricing:

By: Submitted on:

Contract Abstract Form Rev 8.16.23
Authorized Signers:

Name, Email
(Corporations require 2 signatures)

BARISTO PARK REPLACEMENT PLAYGROUND EQUIPMENT
Miracle Recreation Equipment Company
Bryce Lawrence
[email protected]
Purchase and Installation of Playground Equipment
$383,074.62
143 Working Days (including this CCO#1 adding 28 working days) On File
Kevin Walker
Parks & Recreation
Nicholas Gonzalez / John Brickley
June 13, 2024
24C111
1 Yes
Yes
Yes
Department
Yes
No
1/10/2025
Tabitha Richards
Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 75

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
24C111 Baristo Park Replacement Playground Replacement

Contract Change Order Number: 1
Date: January 9, 2025
Contractor: Project: Baristo Park Replacement Playground Miracle Recreation Equipment Company Equipment
878 Highway 60 Agrmt: 24C111
Monett, MO 65708 PO: 25000230
Attn: Bryce Lawrence

CONTRACT CHANGE ORDER SUMMARY
This Contract Change Order is for an extension to the term of Agreement 24C111 from 115 working days to 143 working days, ending on March 4, 2025. Contract Change Order No. 1 provides for a contract term increase of 28 working days.

REASON FOR CHANGES:

This is a change order to increase the project duration from 115 to 148 working days to accommodate for additional time requirements associated with plan check and required permitting reviews. There are no changes to the contract amount.

CHANGES TO CONTRACT TIME:

This Contract Change Order No. 1 is for an extension to the term of Agreement 24C111 from 115 working days to 143 working days, ending on March 4 , 2025. Contract Change Order No. 1 provides for a contract term increase of 28 working days.

Source of Funds:

Sufficient funds budgeted and available in Capital Parks Improvements, Account No. 2613225-80000.

Summary of Costs:

Original Contract Amount: $383,074.62 Original Contract Time: 115 working days
Previous Change Order Amount:

$0 Previous Days Added: 0
This Change Order Amount: $0 Days Added: 28
Revised Contract Amount: $383,074.62 Revised Contract Time: 143 working days

I have received a copy of this Change Order No. 1, and the above AGREED PRICES are acceptable to Contractor
Kevin Walker Date
City of Palm Springs
Recommended By:

NAME, TITLE Date
Approved By:

NAME, TITLE Date
Attest By:

Brenda Pree, City Clerk Date
Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 1/10/2025
1/13/2025
Item 1J - Page 76
~ Signed bye
~~, ~~tY
Attachments: (A) Change Order Request

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: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 77
From: Bryce Lawrence
To: John Brickley
Cc: Nicholas Gonzalez; Lauri Aylaian; Rick Minjares; Taja Sims; Tabitha Richards; Rob Fryhoff Subject: Re: Baristo Park - site plan
Date: Wednesday, December 18, 2024 1:54:54 PM
Attachments: image001.png
image002.png
image003.png
image004.png
NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

This has been ordered and is scheduled to ship out the week of 1/17 so it may not arrive until the week of 1/21. From there we would need about 3 weeks to complete the project.

On Wed, Dec 18, 2024 at 1:50 PM John Brickley <[email protected]> wrote:

Hi Bryce,

Following up on this, where are you at with ordering, shipment, and projected on-site date? Please provide a schedule update so we can assess extension options as our original contract completion date is set for January 21, 2025.

Thank you,

John A. Brickley
Project Manager

City of Palm Springs
Department of Parks & Recreation

760.323.8272 ext. 8326
[email protected]

401 S. Pavilion Way
Palm Springs, CA 92262

From: John Brickley
Sent: Monday, November 25, 2024 3:51 PM
To: 'Bryce Lawrence' <[email protected]> Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 78
R
Cc: Lauri Aylaian <[email protected]>; Rick Minjares <[email protected]>; Taja Sims <[email protected]>; Tabitha Richards <[email protected]>; Rob Fryhoff <[email protected]>
Subject: RE: Baristo Park - site plan

Hi Bryce,

Sounds good. Have a great Thanksgiving!

Thank you,

John A. Brickley
Project Manager

City of Palm Springs
Department of Parks & Recreation

760.323.8272 ext. 8326
[email protected]

401 S. Pavilion Way
Palm Springs, CA 92262

From: Bryce Lawrence <[email protected]> Sent: Monday, November 25, 2024 3:49 PM
To: John Brickley <[email protected]>
Cc: Lauri Aylaian <[email protected]>; Rick Minjares <[email protected]>; Taja Sims <[email protected]>; Tabitha Richards <[email protected]>; Rob Fryhoff <[email protected]>
Subject: Re: Baristo Park - site plan

NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.

Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 79
Ii]
Holder Identifier : 7777777707070700077761616045571110766716117215557207442027772507300073741577156221030772415557067454207533411772365513070773665225722200705337643046623007340055312274130076727242035772000777777707000707007 7777777707070700073525677115456000723110406036013007123337343063000070332263420631100713233634207311107032336253173000071323362520731110712222724307311107033327352173100077756163351765540777777707000707007Certificate No : 570108744466

CERTIFICATE OF LIABILITY INSURANCE

DATE(MM/DD/YYYY)
10/02/2024
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).

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.

PRODUCER
Aon Risk Services Central, Inc.

St. Louis MO Office
4220 Duncan Avenue
Suite 401
St Louis MO 63110 USA
PHONE
(A/
C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 12203James River Insurance CompanyINSURER A:
12262Pennsylvania Manufacturers' Assoc Ins CoINSURER B:
36897Manufacturers Alliance Ins CoINSURER C:
31127Columbia Casualty CompanyINSURER D:
19489Allied World Assurance Company (US) IncINSURER E:

INSURER F:

FAX
(A/C. No.): (800) 363-0105

CONTACT
NAME
:

Playpower Holdings, Inc.
11515 Vanstory Drive
#100
HUNTERSVILLE NC 28078 USA
COVERAGES CERTIFICATE NUMBER: 570108744466 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. Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$1,000,000
$300,000
$10,000
$1,000,000
$2,000,000
$2,000,000
$500,000SIR
A 10/01/2024 10/01/2025
SIR applies per policy terms & conditions
000959655
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
X
BODI
LY INJURY (Per accident)
$1,000,000C 10/01/2024 10/01/2025
CA
152400 0652321AB 10/01/2024 10/01/2025
AOS
$1,000 Ded. Collision

COMBINED SINGLE LIMIT
(Ea accident)
152400 0652321B
$1,
000 Ded. CompX
EXC

ESS LIAB
X OCCU
R

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$5,000,000
$5,000,000
$10,000
10/01/2024UMBRELLA LIABE 10/01/202503140086

RETENTIONX
X
E.L
. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-
ER
PER STATUTEB 10/01/2024 10/01/2025
$1,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED? N / AN
WOR

KERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
2024750652321
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs, its elected officials, officers, agents, employees and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available t
o Additional Insured, but only in accordance with the policy's provisions.

A Waiver of Subrogation is granted in favor of The City of Palm Springs, its elected officials, officers, agents, employees and volunteers in accordance with the policy provisions of the General Liability policy.

CANCELLATIONCERTIFICATE HOLDER

AUTHORIZED REPRESENTATIVE
City of Palm Springs
Attn: David McAbee
425 N. Civic Dr.

Palm Springs CA 92262 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

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

Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 80
_____,
I
ACC>RC, ®
~
I
-
D -
-
-
~
-
- ~
- ~
- ~
-
H
I I
I I I

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSUREDAGENCY
See Certificate Number:

See Certificate Number:
570108744466
570108744466
Aon Risk Services Central, Inc.
570000052633
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSURER

INSURER(S) AFFORDING COVERAGE
Page _ of _
NAIC #
Playpower Holdings, Inc.

TYPE OF INSURANCE

POLICY NUMBER LIMITS

EXCESS LIABILITY
D 7040440664 10/01/2024 10/01/2025 Aggregate $5,000,000 Each
Occurrence
$5,000,000
01 Excess Liab$5M xs $5M
ADDL
INS
D
INSR
LTR
SUBR
WVD
POLICY

EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY

EXPIRATION
DATE
(MM/DD/YYYY)
ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 81
I
I
Named Insured Schedule
AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSUREDAGENCY
See Certificate Number:

See Certificate Number:

Aon Risk Services Central, Inc.
570000052633
570108744466
570108744466
Page _ of _
Playpower Holdings, Inc.

PlayPower Inc. (First named insured)
Additional Named Insureds
Play Holdings Inc.

PlayPower, Inc.

PlayPower Holdings, Inc.

PlayPower Finance, Inc.

Miracle Recreation Equipment Company, Inc.

E-Z Dock, Inc.

Kid Play, Inc.

Soft Play, L.L.C.

PlayPower LT Farmington, Inc.

Play Design International SARL
PlayWorld Systems, Inc.

PlayWorld Preferred, Inc.

Playtime LLC
No Fault LLC
ACORD 101 (2008/01) © 2
008 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 82
I
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CITY
OF
PALM

SPRINGS
SHORT
FORM

CONSTRUCTION

CONTRACT
24C111

BARISTO
PARK

REPLACEMENT

PLAYGROUND

EQUIPMENT

1. PARTIES
AND
DATE.

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 Procurement.

This
contract
is
made
and
entered
into
in
reference
to
the
competitively
solicited
Sourcewell
Contract
#010521-L
TS
("Cooperative
Agreement")

2.3 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.

The
following
license
classifications
are
required
for
this
Project:

Class
B

2.4 Project.

City
desires
to
engage
Contractor
to
render
such
services
for
the
Baristo
Park
Replacement Playground
Equipment
("Project")
as
set
forth
in
this
Contract.

2.5 Project
Documents
&
Certifications.

Contractor
has
obtained,
and
delivers
concurrently
herewith,
payment
and
performance
bonds,
and
insurance
documents
as
required
by
the
Contract.

3. TERMS 3.1
Compensation
and
Payment.

3.1.1 Amount
of
Compensation.

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.

10.5 .21
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
, 18165\33505817
.l
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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
stored
where
indicated.

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.

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.

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.

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.

Revised

10.5.21 2
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
18165\33505817
I
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3.1. 7
Payment
to
Subcontractors.

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.

Such
transferred
title
shall
in
each
case
be
good,
free
and
clear
from
any
and
all
security
interests,
liens,
or
other
encumbrances.

3.1.9 Labor
and
Material
Releases.

3.2 Incorporation
of
Documents.

3.3 Contractor's
Basic
Obligation;
Scope
of
Work.

3.3.1 Scope
of
Work.

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.

The
plans
and
specifications
for
the Work
are
further
described
in
Exhibit
"B"
attached
hereto
and
incorporated
herein
by
this
reference.

Special
Conditions,
if
any,
relating
to
the
Work
are
described
in
Exhibit
"C"
attached
hereto
and
incorporated
herein
by
this
reference.

Revised

10.5 .21
55575
,18165\33505817
I
3 SHORT FORM

CONSTRUCTION

CONTRACT
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3.3.2 Change
in
Scope
of
Work.

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.

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.

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.

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 Substitutionsf"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.

10.5.21 4
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
18165\33505817
I
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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 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.

3.5 Period of Performance and Liquidated Damages.

3.5.1 Contractor shall perform and complete all Work under this Contract within 115 working days, beginning the effective date of the Notice to Proceed ("Contract Time").

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 Revised 10.5.21
S:575.18165\335058 I 7 I
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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 Contractor 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.

Revised 10.5.21
55575.18165\33505817. I
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3.9 Labor.

3.9.4 Pavroll 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 1 0 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 Revised 10.5.21
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7 SHORT FORM CONSTRUCTION CONTRACT
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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.

3.10 Performance of Work; Jobsite Obligations.

3.10.1 Water Quality Management and Compliance.

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 Revised 10.5.21 8 SHORT FORM CONSTRUCTION CONTRACT
55575 18165\33505817 I
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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 required 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.

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 Revised 10.5.21 9 SHORT FORM CONSTRUCTION CONTRACT
55575, 18165\33505817.1
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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 in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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 Revised 10.5.21
55575.18165\33505817. I
10 SHORT FORM CONSTRUCTION CONTRACT
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or Class Ill disposal site; (2) subsurface or latent 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.

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 Revised 10.5.21
55575.18165\335058 I 7 I
11 SHORT FORM CONSTRUCTION CONTRACT
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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.

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.

3.12.4 the following format:

Supporting Documentation. The Contractor shall submit all claims in

3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made Revised 10.5.21
55575.18165\33505817, I

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, including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12. 7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying 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 Revised 10.5.21
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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.

Each
Party
shall
bear
the
fees
and
costs
charged
by
its
respective
mediator
in
connection
with
the
selection
of
the
neutral
mediator.

Any
mediation
utilized
shall
conform
to
the
timeframes
in
this
section.

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.

3.6 of
Title
1 of
the
Government
Code.

3.12.9 Civil
Actions.

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

3.12.9.2 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.

Revised

10.5.21 14
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CONTRACT
555
75 , 18165\3350581
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3.12.10 Government Code Claim Procedures.

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 officials, employees, agents and volunteers free and Revised 10.5.21
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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, (collectively, "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.

3.15 Insurance.

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 Revised 10.5 21
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Employer's
Liability
Insurance;
and
(4)
Builders'IAII
Risk:

Policies
shall
not
contain
exclusions
contrary
to
this
Contract.

3.15.2.2 Minimum
Limits
of
Insurance.

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)
Builder.s'IA/1
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.

In
the
alternative,
the
City
may
suspend
or
terminate
this
Contract.

3.15 .3
Insurance
Endorsements.

Any
insurance
or
self-insurance
maintained
by
the
City,
its
officials,
employees,
agents
and
volunteers
shall
be
excess
of
Contractor's
insurance
and
shall
not
be
called
upon
to
contribute
with
it.

CONSTRUCTION

CONTRACT
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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.

3.15.3.3 Workers'
Compensation
and
Employer's
Liability
Coverage.

3.15.3.4 All
Coverages.

3.15.4 Builders'/AII
Risk
Policy
Requirements.

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.

3.15.6 Professional
Liability
Insurance.

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.

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.

Revised
10 .5.21
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3.16 Bond Requirements.

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 Revised 10.5.21 19 $HORT FORM CONSTRUCTION CONTRACT
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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.

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

3.18 Employee/Labor Certifications.

Revised 10.5.21
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3.20 City Officers and Employees: Non-Discrimination.

Revised 10.5.21
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3.21 General Provisions.

CONTRACTOR:

Revised 10.5.21
55575 I 8165\33505817.1

MIRACLE RECREATION EQUIPMENT COMPANY
878 HIGHWAY 60
MONETT, MO 65708
ATTN: KEVIN WALKER

SHORT FORM CONSTRUCTION CONTRACT
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CITY:

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

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

3.21.11 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.

3.21.14 Certification of License.

Revised 10.5.21
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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.

A
complaint
regarding
a
latent
act
or
omission
pertaining
to
structu
ra
I
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
provisions
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.

Revised

10.5 .21
55575
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[Signatures
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Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

APPROVED BY CITY COUNCIL:

Date: June 13, 2024 Item No.

APPROVED AS TO FORM: ATTEST:

APPROVED:

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EXHIBIT "A"

Revised 10.5.21 Exhibit A· 1 SHORT FORM CONSTRUCTION CONTRACT 55575 18165\33505817 I
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Revised 10.5.21
55575.18165\335058 I 7. I
EXHIBIT "B"

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Miracle .

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GROUND SP
ACE:

PROTECTIVE
AREA:

DRA
WN BY
:

DA
TE:

PHONE NO:

F
AX NO:

COMPLIES
T
O
ADA

COMPLIES
T
O

THE PLA
Y

COMPONENTS IDENTIFIED IN
THIS
PLAN

ARE IPEMA
CER
TIFIED.

THE USE
AND
LA
YOUT
OF

THESE COMPONENTS CONFORM
T
O

THE REQUIREMENTS OF
ASTM F1487.

AN ENERGY

ABSORBING PROTECTIVE
SURF

ACE IS REQUIRED UNDER &
AROUND
ALL
PLA
Y

SYSTEMS
(877)
215
-3869
Palm Springs, CA
Baristo Park
R0036_45264446365
951
-254
-2409
Corona,CA
1 101 California
A
ve
12/8/2023
Bryce Lawrence
127'
-6" x 44'
-0"
1 15'
-6"
x 38'
-6"

MIRACLE PLA
YGROUND SALES, INC.

ELEV
A

TED PLA
Y

ACTIVITIES
-
T
OT
AL:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY

TRANSFER:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY
RAMP:

GROUND LEVEL

ACTIVITY

TYPE:

GROUND LEVEL

QUANTITY
:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
2-5
3 3
5 0
9 5
4 0
8 ELEV
A

TED PLA
Y

ACTIVITIES
-
T
OT
AL:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY

TRANSFER:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY
RAMP:

GROUND LEVEL

ACTIVITY

TYPE:

GROUND LEVEL

QUANTITY
:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5-12
3 3
4 0
8 7
4 0
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-
Miracle
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 6502
Estimate Date 05-21-2024
Expiration Date 06-23-2024
Customer City of Palm Springs
Name Tabitha Richards
Phone (760) 323-8202
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Baristo Park - City of Palm Springs - Miracle Structure Description Quantity Price Discount Total
MREC 5-12
Custom 5-12 Year Old
Playground from Miracle
recreation Equipment Company.

Stamped Drawings
Stamped Drawing for
Playgrounds and Integrated
Shade
5 days at $1500 a day
1 $7,500.00 0.00% $7,500.00
$94,450.50

DEMO AND DISPOSE OF EXISTING PLAYGROUND
EQUIPMENT. EXISTING USA SHADES TO REMAIN IN
PLACE (4 DAYS)
4 $11,400.00
Demo & Removal of Existing Equipment
DEMO AND DISPOSE OF EXISTING CONCRETE RAMPS.

APPROXIMATELY 200 SQFT. (1 DAY)
1 $3,000.00
Demo & Removal of Existing Equipment

DEMO AND DISPOSE OF EXISTING POUR IN PLACE
RUBBER SURFACING AND SUB BASE MATERIALS.

APPROXIMATELY 750 SQFT. (1 DAY) + COST OF
DISPOSAL FEES.
1 $5,980.00
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Demo & Removal of Existing Equipment

EXCAVATION AND DISPOSE OF EXISTING WOOD
CHIPS. APPROXIMATELY 6,113 SQFT. (2 DAYS) +
COST OF DISPOSAL FEES.
2 $11,960.00
Site Preparation
CONSTRUCTION OF CONCRETE KEY CURB.

APPROXIMATELY 403' LINEAR FEET. (3 DAYS) +

COST OF CONCRETE
3 $17,612.25
Site Preparation

PROVIDE, GRADE AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 6,863 SQFT. (3 DAYS) +

COST OF MATERIALS
3 $17,757.15
Equipment Installation

INSTALLATION ONL Y OF MIRACLE RECREATION

EQUIPMENT - REFER TO MREC DRAWING
R0036_45264446365 TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A
MREC CERTIFIED INSTALLER (10 DAYS)
10 $53,438.20
Poured in Place Rubber Surfacing

COST TO SUBMIT PLAYGROUND ENGINEERING TO CITY
BUILDING AND SAFETY DEPARTMENT. (3 DAYS)
3 $5,468.25
Bond Fee 1 $7,520.00
$279,887.45
Tax $0.00
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Shipping, Handling and Non Taxable Services Total $279,887.45 Pricing based on Miracle Recreation's Sourcewell contract #01521-L TS (formerly known as NJPA) Grand Total $383,074.62
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 1101 California Ave Suite 209 Corona, CA 92881 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.

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WHY MIRACLE ®
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Miracle brings you the thrills of a lifetime.

This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.

VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.

GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.

MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
ﬁ ngers safe.

COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.

Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.

SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety speciﬁ cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.

To verify product certiﬁ cation, visit www.ipema.org.
miracle-recreation.com 193
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e
~M,l,ffOlll.&L
sr..-d1Wot1d,old•
l~

NTERNAT I ONAL

PLAY EQUIPMENT

Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
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Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).

Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.

Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
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Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.

Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.

Miracle-Recreation.com198 COLOR CHOiCES
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Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.

Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:

1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT : Aluminum deck posts, steel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.

6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.

Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 127
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.

• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.

• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.

Certifications
Miracle-Recreation.com194 CERTIFICATIONS
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~~~~
·-· ·-· ~~ TM
lntertek
~~.~~
·-· ·-·
~ TM
lntertek

CERTIFIED
CSAW47 .1
•
l~RNATtONAL
Standards Worldwide
·~
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. . .

EXHIBIT "C"

EXHIBIT "D"

EXHIBIT
"E"
PUBLIC
WORKS

CONTRACTOR

REGISTRATION

See
http://www.dir.ca.gov/Public
Works/PublicWorks.html
for
additional
information.

1. Contractor
shall
maintain
a
current
DIR
registration
for
the
duration
of
the
project.

3. Failure
to
submit
this
form
or
comply
with
any
of
the
above
requirements
may
result
in
a
finding
that
the
bid
is
non-responsive.

Name
of
Contractor:
________
_
l,
DocuSigned
by:

CONSTRUCTION

CONTRACT
55575
. 18
I 65\33505817
l
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Revised

4.13 .23
5557518165\33505817
,I

EXHIBIT
"F"

PAYMENT
AND

PERFORMANCE
BONDS
Exhibit
F
-1
SHORT
FORM

CONSTRUCTION

CONTRACT
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS :

Revised 4.13.23
55575.18165\335058 I 7. I
Exhibit F - 2 SHORT FORM CONSTRUC TION CONTRAC T
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents ; or
(2) 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 .
(3) 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 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.

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 .

IN WITNESS WHEREOF , we have hereunto set our hands and seals this 27th - dar of-- June , 20w .
(Corporate Seal)
Revised 4.13.23
55575.18 165\335058 I 7.1
Exhibit F - 3 SHORT FORM CONSTRUCTION CONTRACT
.._
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Suret
- -
Signatures of those signing for the Contractor and Sur ty ust be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title Barbara Pannier, Attorney-In-Fact The rate of premium on this bond is __ $_1_5._o_o __ per thousand. The total amount of premium charges , $...:5..:.;,7....;4...:.6.c.:.o...:.o ______ _____ _ (The above must be filled in by corporate attorney.)

Revised 4.13.23
55575.18165\335058 I 7 I
Exhibit F - 4 SHORT FORM CONSTRUCTIO N CONTRACT
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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.

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Partner(s)
o Attorney-In-Fact
o Trustee(s)
Title(s)

Guardian/Conservator
D Other:

Signer is representing :

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

WITNESS my hand and official seal.

Signature AL &lei
Signature of Notary Public, County of St. Louis

SALENA WOOD
Notary Public - Notary Seal

STATE OF MISSOURI
St. Louis Coun ty
My Commission Expires: Jul. 17, 2027
Commission #15129105
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. , SOMPO INTE RNATIO NAL

IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corpora te seal to be affixed this 25th day of May, 2023.

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole lliereof .

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this I 27th l day of _,_---'---'- 4' 201E:J .

Any reproductions are void.

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 of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described , or pertaining Revised 4.13.23 Exhibit F - 6 SHORT FORM CONSTR UCTION CONTRAC T 55575. I 8165\335058 I 7 I
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or relating to the furnishing of labor, materials , or equipment therefore , nor by any change or modification of any terms of payment or extension 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 claimant 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 under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given , by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the 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.

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

Revised 4.13.23 Exhibit F · 7 SHORT FORM CONSTRUCTION CONTRACT 55575. I 8 165\335058 17.1
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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

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
D Other:

Signer is representing :

Name Of Person(s) Or Entity(ies)
Revised 4. 13.23
55575 .18 165\335058 17. I
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
Exhibit F • 8 SHORT FORM CONSTRUCT ION CONTRACT
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!CALIFORNIA ALL-PURPOSE 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.

I certify under PENAL TY OF PERJURY under the laws of the State of Cali fornia that the foregoing paragraph is true and conect.

WIT ESS my hand and official seal.

Signature xi~ ~
Signature of Notary Public, County of St. Louis

SALENA WOOD
Notary Public - Notary Seal

STATE OF MISSOURI
St. Louis County
My Commi ssion Expires: Jul. 17. 2027
Commission #15129105
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POWER OF ATTORNEY
11118
- 1 SOMPO INTERNATIONAL

Such bonds and undertakings for said purposes , when duly executed by said attorney (s)-in-fact , shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corpor ate seal attested by its Corporate Secretary.

This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of each Company by unanimous written consent effective the 30th day of March, 2023 for BSIC and UC and the 17th day of May. 2023 for EAC and EAIC and said resolution has not since been revoked. amended or repealed:

IN WITNESS WHEREOF . each Company has caused this instrument to be signed by the following officers. and its corporat e seal to be affixed this 25th day of May. 2023.

3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole ther~f.

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the corporate seal this I 27th I day of _. ___ '-", 20 1E:J .

Any repro ductions are void.

Surety Claims Submission : LexonClaimAdmimstration@somp o-intl .com Telephone : 615 -553-9500 Mailing Address: Sompo Internation al; 12890 Lebanon Road; Mount Juliet, TN 37122-2870 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 143
.. ii, ...

CITY COUNCIL STAFF REPORT

DATE: JUNE 13, 2024 CONSENT CALENDAR

SUBJECT: APPROVE CONSTRUCTION CONTRACT NO. 24C111 WITH MIRACLE

RECREATION EQUIPMENT COMPANY FOR THE PURCHASE AND

INSTALLATION OF PLAYGROUND EQUIPMENT AT BARISTO PARK

FROM: Scott C. Stiles, City Manager

BY: David McAbee, Director of Public Works

SUMMARY:

This action will approve Construction Contract 24C111 with Miracle Recreation Equipment Company, in the amount of $383,074.62 for the purchase and installation of playground equipment at Baristo Park.

RECOMMENDATION:

1. Approve Construction Contract 24C111 (Attachment A) with Miracle Recreation Equipment Company, to purchase and install playground equipment at Baristo Park, in an amount not to exceed $383,074.62;

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment B ), Miracle Recreation Equipment Company is a corporation registered in the State of Iowa.

BACKGROUND:

The installation of the existing playground equipment at Baristo Park was completed at the start of 2011. The typical life expectancy for playground equipment is estimated at 15 years. Staff has identified the playground at Baristo Park as having reached the end of its useful life, requiring replacement. Earlier this year, two large new shade structures were installed over the two playground equipment areas, except for the swing set area which is currently open air. Over the past months, P ublic Works staff has worked with Parks & Recreation staff on the layout and playground equipment features. Those plans were then Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 144
reviewed by the Park Enhancement Ad- Hoc of the Parks & Recreation Commission as well as the Parks & Recreation Commission for additional input and feedback.

On May 20, 2024, the Parks & Recreation Commission received a presentation from representatives of Miracle Recreation Equipment Company and discussed the elements of the playground features for Baristo Park to ensure that there would be a variety of colors and types of play elements for the age groups. At the conclusion, the Parks & Recreation Commission voted to recommend approval of the project to move forward to City Council for consideration with the request to include an additional shade feature to be installed over the swings at Baristo Park which was not depicted in a rendering at that time. Similar to other park playground projects, the specific colors of the playground equipment pieces and shade structure will be coordinated with staff and the Park Enhancement Ad-Hoc.

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 Construction Contract for the purchase and installation of playground equipment and shade structures at Baristo Park, under Sourcewell Cooperative Contract 010521-LTS.

The new playgrounds will enhance park aesthetics and safety. The new playground equipment is compliant with ADA (Americans with Disabilities Act), ASTM/CPSC (American Society for Testing and Materials/Consumer Product Safety Commission), as well as IPEMA (International Play Equipment Manufacturers Association) Cert ified to ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use.

The playground equipment installation includes custom play areas with playground structures designed for youth 2-5 years old and youth 5-12 years old; and a two-bay swing set with integrated shade, as shown in the images on the following pages.

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Playground Equipment for youth age group 5-12 years
(Note, existing shade structure not depicted)

Playground Equipment for youth age group 5-12 years
(Note, existing shade structure not depicted)
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Playground Equipment for youth age group 2-5 years
(Note, existing shade structure not depicted)

Playground Equipment for youth age group 2-5 years
(Note, existing shade structure not depicte
d)

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Swing Set with Shade Structures

As part of this project, an integrated shade structure will be installed with the installation of the new swing set, as existing shade structures exist over both the 2–5- year-old and 5-12-year-old playground areas. New playground rubber surfacing will also be installed, allowing for a safe play experience.

Staff has reviewed the cooperative contract pricing and finds that Miracle Recreation Equipment Company pricing is in line with the Sourcewell contract and recommends the approval of the Construction Contract No. 24C111, in the amount of $383,074.62.

ENVIRONMENTAL ASSESSMENT
:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Therefore, in accordance with Section 15301 (b), Staff has Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 148
determined that replacement playground equipment are considered categorically exempt from CEQA and a Notice of Exemption will be prepared and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2023-24 and 2024-25 in Capital Projects accounts 2613225-80000 and -50119.

REVIEWED BY:

Public Works Director: David McAbee
Parks & Recreation Director: Yvonne Wise
Procurement and Contracting Director: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Construction Contract No. 24C111
B. Public Integrity Disclosure Form

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ATTACHMENT A

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CITY OF PALM SPRINGS
SHORT FORM CONSTRUCTION CONTRACT 24C111

BARISTO PARK REPLACEMENT PLAYGROUND EQUIPMENT

1. PARTIES AND DATE.

This Contract is made and entered into this 17TH day of June, 2024 by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Miracle Recreation Equipment Company, an Iowa co rporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Procurement. This cont r act is made and entered into in refer ence to the competitively solicited Sourcewell Contract #010521-LTS (“Cooperative Agreement”)

2.3 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 removal and replacement of playground equipment structures at Baristo Park 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. The following license classifications are required for this Project: Class B

2.4 Project. City desires t o engage Contractor to render such services for the Baristo Park Replacement Playground Equipment (“Project”) as set forth in this Contract.

2.5 Project Documents & Certifications . Contr a ctor has obtained, and delivers concurrently herewith, payment and performance bonds, and insurance documents as required by the Contract.

3. TERMS

3.1 Compensa
tion and Payment.

3.1.1 Amount of C ompensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Three Hundred Eighty-Three Thousand Seventy-Four Dollars and Sixty-Two cents ($383,074.62) (“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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 151
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 stored where indicated. Contractor may be 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 quantities, 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 R et
entions. 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 the 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 Substit
utions 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 satisfactorily 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.

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3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and 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 promises and agrees that it w ill 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 Ma
terial 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 C
ontract includes and hereby incorporates in
full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Change Orders executed by the City

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 sometim es 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. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special C onditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

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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 i s approved in advance and in writing by a valid change order executed by the City.

3.3.3 Change Or
ders. 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, including 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 Or
dered 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 request 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 R e
quested 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”. Pursu
ant 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, offer for substitution any material, process or Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 154
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 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 illustrations, 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 within 115 working days, 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 One Thousand Dollars ($1,000) 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 155
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 Contractor 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 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.

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.

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3.9 Labor.

3.9.1 Prevail ing 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 shall provide Contractor with a copy of the prevailing 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 claim 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 Apprenticea
ble 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 W
ork. Contractor is advised 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 157
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, the 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.

3.9.5 Contrac
tor 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 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 “E” 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 Compl
iance; 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 W
ater Qual ity 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 Complianc
e 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 158
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 required 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.

3.10.1.3 Other W
ater 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 investigated 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 Reservat
ion 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, Contractor 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. I
n 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 pol icies 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 pol icies 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. Co
ntractor 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 159
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 in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.10.3 Laws and R
egulations. 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 Wor
k. 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, Contractor 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 dur ing 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, n otify 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 160
or Class III disposal site; (2) subsurface or latent 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.

3.10.8 Air Qualit y. 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 Recy
cling 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 Inspecti
on 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 a ccessibility 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 Measur
ements. 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. Wh en C
ontractor 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 161
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. E ffective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing 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 Secti on 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.12.2 Claims. F or 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 Claim
s. 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 Support
ing Documentation. The Contractor shall submit all claims in the following format:

3.12.4.1 Summar y 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)
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(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 , including calculations and supporting documents

3.12.4.6 Time impact analysis in CPM format

3.12.5 City’s R esponse. Upon receipt of a Claim pursuant to this Section, City shall conduct a reasonable review of the Claim 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 C laim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the C laim 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 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 C laim 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 mutual 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 C
onfer. 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. W
ithin 10 business days following the conclusion of the
meet and confer conference, if the Claim or any portion of the Claim remains in dispute, City shall provide the Contractor a written statement identifying 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 163
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 P arty 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 P arties 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 Procedur
es 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 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 Actio n
s. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:

3.12.9.1 Within 6 0 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 D ays 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.

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3.12.10 Governm
ent Code Claim Procedures.

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 C laims that arise after the Government Code claim is submitted.

3.12.11 Non-Waiver. Cit
y’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 C laim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.

3.13 Loss and Damage. Ex cept 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 terminate this C ontract 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 officials, employees, agents and volunteers free and Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 165
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, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, offic ers, 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 Addition
al 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 its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, 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.

3.15. 1 Time fo r 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, Contractor 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 f ollowing 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 166
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 Minimu m 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.

3.15.3 Insurance E
ndorsements. 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 Liabi
lity. (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 , employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.

3.15.3.2 Automo
bile 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 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 167
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, employees, 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 Cover ages. 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 Requirements. 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.

3.15.6 Profess
ional 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 Deductibl
es 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 inves tigation costs, claims and administrative and defense expenses.

3.15.8 Accepta bility 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.

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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 Subcontr
actors. 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 R
equirements.

3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” 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 Performanc e Bond. If specifically requested by City in Exhibit “C” 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 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 Prov i sions. 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 required 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 C ontract for cause.

3.16.4 Surety Q u
alifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 169
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.

3.18 Employee/Labor Certifications.

3.18.1 Contrac
tor’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 Contrac t as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.18.2 Equal O pp
ortunity 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.

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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 Ac t 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 terminated 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 indirect 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 party any money or other consideration in exchange for obtaining this Contract.

3.20.3 Covenant A
gainst 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 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 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 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.

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3.21 General Provisions.

3.21.1 City’s R epresentative. The City hereby designates the City Manager, 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 Contract or’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative” ). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor ’s Representative shall supervise and direct the Work, using his best skill and attentio n, 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 Contract 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-Trus
t 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 and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and 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:

MIRACL

E RECREATION EQUIPMENT COMPANY
878 HIGHWAY 60
MONETT, MO 65708
ATTN: KEVIN WALKER

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CITY:

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

3.21.7 Assignm ent 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 P
arty 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 Counterpar ts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.21.12 Successo r s. 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.

3.21.13 Solicitat
ion. 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 Certifi
cation of License.

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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 Authorit y 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 C ontract; 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. N
one of the provisions of this Contract shall be
considered waived by either party, unless such waiver is specifically specified in writing.

3.21.18 City’s Ri ght 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 Ukrain
e. 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 “G” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [Signatures on Next Page]

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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND MIRACLE RECREATION EQUIPMENT COMPANY

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _June 13, 2024______ Ite
m No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

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

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EXHIBIT “A”

SERVICES / SCHEDULE
Scope of services shall include the purchase and installation of playground equipment and shade st ructures at Baristo Park as identified in Exhibit B, in accordance with the Cooperative Purchase Pricing identified by Sourcewell Contract #010521-LTS.

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

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Destination $0-$999 $1,000-$4,999 $5,000-
$14,999
$15,000-
$24,999
$25,000-
$49,999
$50,000-
$99,999
$100,000 &
above
Playground Structures All 50 States & Canada List Plus
Freight List Less 3% List Less 8% List Less 13% Li st Less 17% List Less 20% List Less 23% Early Childhood, Site
Amenties & Shade All 50 States & Canada List Plus
Freight List Less 3% List Less 7% List Less 7% List Less 10% List Less 15% List Less 20% Replacement Parts &
Hardware All 50 States & Canada List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% List Less 2% Custom Equipment:

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Miracle .

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GROUND SP
ACE:

PROTECTIVE
AREA:

DRA
WN BY
:

DA
TE:

PHONE NO:

F
AX NO:

COMPLIES
T
O
ADA

COMPLIES
T
O

THE PLA
Y

COMPONENTS IDENTIFIED IN
THIS
PLAN

ARE IPEMA
CER
TIFIED.

THE USE
AND
LA
YOUT
OF

THESE COMPONENTS CONFORM
T
O

THE REQUIREMENTS OF
ASTM F1487.

AN ENERGY

ABSORBING PROTECTIVE
SURF

ACE IS REQUIRED UNDER &
AROUND
ALL
PLA
Y

SYSTEMS
(877)
215
-3869
Palm Springs, CA
Baristo Park
R0036_45264446365
951
-254
-2409
Corona,CA
1 101 California
A
ve
12/8/2023
Bryce Lawrence
127'
-6" x 44'
-0"
1 15'
-6"
x 38'
-6"

MIRACLE PLA
YGROUND SALES, INC.

ELEV
A

TED PLA
Y

ACTIVITIES
-
T
OT
AL:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY

TRANSFER:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY
RAMP:

GROUND LEVEL

ACTIVITY

TYPE:

GROUND LEVEL

QUANTITY
:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
2-5
3 3
5 0
9 5
4 0
8 ELEV
A

TED PLA
Y

ACTIVITIES
-
T
OT
AL:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY

TRANSFER:

ELEV
A

TED PLA
Y

ACTIVITIES

ACCESIBLE BY
RAMP:

GROUND LEVEL

ACTIVITY

TYPE:

GROUND LEVEL

QUANTITY
:

REQ'D
REQ'D
REQ'D
REQ'D
AGE GROUP:
5-12
3 3
4 0
8 7
4 0
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-
Miracle
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone # (800) 264-7225
Fax # (877) 215-3869
[email protected]
www.miracle-recreation.com
Estimate Number MREC 6502
Estimate Date 05-21-2024
Expiration Date 06-23-2024
Customer City of Palm Springs
Name Tabitha Richards
Phone (760) 323-8202
Email [email protected]
Sales Rep Charlotte Smith
Email [email protected]
Payment Terms Net 30
Project Name
Baristo Park - City of Palm Springs - Miracle Structure Description Quantity Price Discount Total
MREC 5-12
Custom 5-12 Year Old
Playground from Miracle
recreation Equipment Company.

Stamped Drawings
Stamped Drawing for
Playgrounds and Integrated
Shade
5 days at $1500 a day
1 $7,500.00 0.00% $7,500.00
$94,450.50

DEMO AND DISPOSE OF EXISTING PLAYGROUND
EQUIPMENT. EXISTING USA SHADES TO REMAIN IN
PLACE (4 DAYS)
4 $11,400.00
Demo & Removal of Existing Equipment
DEMO AND DISPOSE OF EXISTING CONCRETE RAMPS.

APPROXIMATELY 200 SQFT. (1 DAY)
1 $3,000.00
Demo & Removal of Existing Equipment

DEMO AND DISPOSE OF EXISTING POUR IN PLACE
RUBBER SURFACING AND SUB BASE MATERIALS.

EXCAVATION AND DISPOSE OF EXISTING WOOD
CHIPS. APPROXIMATELY 6,113 SQFT. (2 DAYS) +
COST OF DISPOSAL FEES.
2 $11,960.00
Site Preparation
CONSTRUCTION OF CONCRETE KEY CURB.

APPROXIMATELY 403' LINEAR FEET. (3 DAYS) +

COST OF CONCRETE
3 $17,612.25
Site Preparation

PROVIDE, GRADE AND COMPACT SUB BASE
MATERIALS. APPROXIMATELY 6,863 SQFT. (3 DAYS) +

COST OF MATERIALS
3 $17,757.15
Equipment Installation

INSTALLATION ONL Y OF MIRACLE RECREATION

EQUIPMENT - REFER TO MREC DRAWING
R0036_45264446365 TO BE INSTALLED PER
MANUFACTURER'S SPECIFICATIONS. ORTCO IS A
MREC CERTIFIED INSTALLER (10 DAYS)
10 $53,438.20
Poured in Place Rubber Surfacing

COST TO SUBMIT PLAYGROUND ENGINEERING TO CITY
BUILDING AND SAFETY DEPARTMENT. (3 DAYS)
3 $5,468.25
Bond Fee 1 $7,520.00
$279,887.45
Tax $0.00
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Shipping, Handling and Non Taxable Services Total $279,887.45 Pricing based on Miracle Recreation's Sourcewell contract #01521-L TS (formerly known as NJPA) Grand Total $383,074.62
NOTES AND EXCLUSIONS:
• This estimate shall not become binding until signed and returned for approval. • A signature indicates acceptance of all terms, conditions, and prices listed. • A signed quote will not substitute for a Purchase Order if one is required by the Customer. Make purchase orders out to Miracle Recreation.
• Exclusions: All Unloading, Storage, Installation, Site Work, Fees & Permits, outside of the quoted above. • Footing calculations for playground equipment can be added for an additional fee if required • All signed quotes and/or purchase orders should be emailed to [email protected] or faxed to 877-215- 3869. Hard copies can be mailed to Miracle Playground Sales 1101 California Ave Suite 209 Corona, CA 92881 THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by the customer in writing or otherwise, as material alterations, and all such terms shall be void. The customer authorizes Miracle to ship the equipment and pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via a common carrier designated by Miracle. The customer agrees to pay all additional service charges for past due invoices per the terms listed above. The customer must provide proper tax exemption certificates to Miracle and promptly pay and discharge all applicable taxes, license fees, levies, and dismiss other impositions on the equipment at its sole expense.

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WHY MIRACLE ®
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Miracle brings you the thrills of a lifetime.

This never-ending dedication to innovation is the reason why, even after more than 90 years, the Miracle legacy remains focused on building yours.

VERSALOK
®
Our clamp design
eliminates the need for
stacking multiple clamps
and features a stainless
steel tamper resistant
fastener.

GATOR GRIP
®
The 3D textured pattern
makes it easy for kids to
make their next moves.

MIRA-THERM™
This textured vinyl
coating for deck surfaces
helps prevent rapid
heat transfer, while the
hole pattern keeps little
ﬁ ngers safe.

COMPOUNDED RESIN
Provides superior strength
and durability, advanced
color fastness and UV
resistance.

Let’s get you started by envisioning a playground that is meant for your community and right for your budget. It’s why our legacy has always been about building yours.

SAFETY
We’re committed to providing equipment that meets and/or exceeds the performance safety speciﬁ cations established by organizations such as ASTM, CPSC, CSA, CPSIA, IPEMA and EN.

NTERNAT I ONAL

PLAY EQUIPMENT

Mira-lene™ Panel Colors
Red-Sand
Plum-Sand
Beige-Forest
Green
Beige-Red Beige-Gray Gray-Black Black-White White-BlackDark Brown-Sand
Red-Yellow Yellow-Sand Yellow-Blue Orange-SandYellow-Black lime-Sand Forest
Green-Sand
Blue-Sand Blue-Yellow Blue-White Cobalt-Sand
Yellow Forest Green Sand BlackRed Royal Blue
Miracle Swing Seat Colors
Color Choices
Miracle-Recreation.com196 COlOR CHOICES
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Red Lime Forest GreenTropical YellowYellow ChartreuseOrange Green WhiteBrownBurgundy Light Gray
Sand
SilverDark Brown Metallic Gray Black
(Posts & Clamps Only)
BeigeLavender PlumAzureTeal Blue Cobalt
Mira-Cote™ Powder-Coated Painted Metal Colors
Posts, Arches, Swings and Accents (Railings & Climbers).

Mira-Cote™ Antimicrobial Painted Metal Colors
This proprietary treatment helps minimize bacterial mold, algae growth and stains.

Actual colors in catalog may vary due to four color printing process. 197 COLOR CHOiCES COLOR CHOiCES
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Navy Blue Chocolate
Blue
Royal Blue
Red
Cinnamon
Green
Laguna Blue Arizona
Yellow
Turquoise
Desert Sand
Rain ForestTerracotta
Terracotta
White
OliveSunflower Yellow
Desert Sand
Silver
Zesty LimeElectric Purple
Silver
Black
Perforated Diamond
Powder Coat OnlyPowder Coat and Plastisol
BrownBlue CharcoalGreenRed Sand WhiteBlack
Shade Fabric Colors
SHADESURE™ Fabrics Passes: NFPA 701 / ASTM-E84
COLOURSHADE® Fire Retardant Fabrics Passes: NFPA 701 / ASTM-E84 / OSFM TITLE 19 Site Furnishing Colors
Amenities receive a durable color coating that will not rust, crack, peel, or warp. Choose a powder coat color for framework and plastisol coating for table tops, seats, and backs.

Site Furnishing Patterns
Color Choices
Milwaukee
Brown
Recycled Plastic Colors
Cedar
Slat and Rib patterns (not shown)
available in select site furnishing
products.

Miracle-Recreation.com198 COLOR CHOiCES
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Warranty
Miracle Recreation Equipment Company warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed below.

Buyer agrees that products sold by Miracle Recreation Equipment Company carry only the following warranties:

1. lIMITED WARRANTY FOR AS lONG AS YOU OWN THE PRODUCT: Aluminum deck posts, s teel deck posts, versalok® fastening system, cast aluminum parts, and stainless steel hardware.

5. lIMITED FIvE (5) YEAR WARRANTY:
• Heavy duty diamond barrier mesh and Kidrox™ Climbing Rocks. • Mira-Therm™ PvC coating and PE coating against cr acking or peeling. • Park and Site Amenities (i.e. benches, tables, trash receptacles, etc.). • GFRP (Glass Fiber Reinforced Polymer) Products.
• Steel core cable nets and rope fittings and connections (Note Exception: Warranty does not cover normal wear and tear such as fraying or facing of cable coating).

6. lIMITED THREE (3) YEAR WARRANTY: Flexible belting, plastic border timbers and accessories, and electronic panel speakers, sound chips, and circuit boards.

THE FOREGOING lIMITED WARRANTY IS THE SOlE AND EXClUSIvE WARRANTY FOR SEllER’S PRODUCTS, AND IS IN lIEU OF All OTHER WARRANTIES, EXPRESS OR IMPlIED, IN lAW OR IN FACT. SEllER SPECIFICAllY DISClAIMS All OTHER WARRANTIES, EXPRESS OR IMPlIED, INClUDING, WITHOUT lIMITATION, All IMPlIED WARRANTIES OF MERCHANTABIlITY AND FITNESS FOR A PARTICUlAR USE OR PURPOSE, AND ANY IMPlIED WARRANTIES ARISING OUT OF COURSE OF DEAlING OR PERFORMANCE OR TRADE USAGE. SEllER SHAll NOT BE lIABlE FOR ANY INCIDENTAl, CONSEqUENTIAl, EXEMPlARY, SPECIAl, OR PUNITIvE DAMAGES, OR ANY lOSS OF REvENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SAlE, INSTAllATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EvENT WIll SEllER BE lIABlE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIvE PRODUCT.

Prices are subject to change without notice and are exclusive of installation, surfacing, transportation, insurance, taxes, license fees, customs fees, duties, premiums, fees, and other changes. 195 CERTIFICATIONS WARRANTY Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 195
• ISO 9001 Certification: The
International Standards Organization
is a network of national standard
institutes from 146 countries that
work in partnership with international
organizations, governments, industry,
business, and consumer
representatives to develop universal
standards for quality, environmental,
and management processes.

• The Miracle Recreation Equipment
company has been certified to
14001:2015 for its environmental
management system.

• Canadian Welding Bureau Certified
• The space requirements in this catalog are shown
to ASTM standards. Requirements for other
standards may be different.

Certifications
Miracle-Recreation.com194 CERTIFICATIONS
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~~~~
·-· ·-· ~~ TM
lntertek
~~.~~
·-· ·-·
~ TM
lntertek

CERTIFIED
CSAW47 .1
•
l~RNATtONAL
Standards Worldwide
·~
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City two identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” 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.

EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

MIRACLE RECREATION EQUIPMENT COMPANY

By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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---
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid
on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Contractor:

DIR Registration Number:

DIR Registration Expiration: __________________________ Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 198
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Miracle Recreation Equipment Company, (hereinafter referred to as the “ Contractor”) an agreement for Baristo Park Replacement Playground Equipment (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 17, 2024, (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, Miracle Recreation Equipment Company , t he undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three Hundred Eighty-Three Thousand Seventy- Four Dollars and Sixty -Two Cents, ($383,074.62), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS 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 i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including 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 of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill 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.

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) 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.
(3) 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 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.

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.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

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(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate
authority attached.
(Attach Attorney-in-Fact Ce rtificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(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 service of
process in California, if different
from above)

(Telephone number of Surety
and Agent or Representative for
service of process in California)

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

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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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved t o 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION 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) Or Entity(ies)

Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Spr ings (hereinafter designated as the “ City”), by action taken on June 13, 2024 has awarded to Miracle Recreation Equipment Company hereinafter designated as the “Principal,” a contract for the work described as follows:

Baristo Park Replacement Playground Equipment (the “Proj ect”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contrac
t Documents for the Project dated June 17, 2024 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing t
hat if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety ,
are held and firmly bound unto the City in the penal sum of Three Hundred Eighty-Three Thousand Seventy-Four Dollars and Sixty-Two Cents ($383,074.62) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontrac
tors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials , provisions or other supplies, used in, upon, for or about the 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 labor 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 of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: BB28BD8B-5208-447B-BF05-D24A132FAA49 Item 1J - Page 204
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension 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 claimant 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 under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the 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.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

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 person signing on behalf of the Surety to do so much be attached 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.

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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 ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved t o me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

CAPACITY CLAIMED BY SIGNER DESCRIPTION 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) Or Entity(ies)

Signer(s) Other Than Named Above

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EXHIBIT “G”
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.

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:

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ATTACHMENT B

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
c~.

2. e ,<a f. w &o

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

4. State where Entity is Registered with Secretary of State

5. Type of Entity
~poration D Limited Liability Company D Partnership D Trust D other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity -"16!,l--lvl-\'f-1 • .zcV::;.;..""-=-----P"' L~,-U:: ....... ~<+----------~cer Director Member Manager 1" "'t' [name]
D General Partner D Limited Partner
D Other ____________ _
_ G ___ ~l--...... [_,,r'-'l'-'Ct_,,_j-t-----------~cer D Director D Member D Manager ' [name]
D General Partner D Limited Partner
Other ____________ _
-~--1,_w___;;__c\=---.;.,_w .... -.... · "-"-'-Ul ....... ..av.ar.alll, '"-----------~er Director Member Manager [name]
(Revised 09 13 18)
D General Partner D Limited Partner
Other ____________ _

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Page1of2
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7. Ownersflnvestors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv

EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
~ ki.~~er/investor]
I Oo
[percentage of beneficial interest in
entity
and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] (percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13 18)

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 ends

Palm Springs City CouncilMarch 27, 2025

Palm Springs City Council
March 27, 2025