Palm Springs City Council
March 27, 2025

ATTACHMENT E

Item 1J - Page 211

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]
CCO adds the safety inpection and impact testing of the rubberized surfacing of Baristo Park playground.
$383,074.62 + $3,305.00 = $386,379.62 revised amount
143 Days (no change on CCO#2)
On File
Kevin Walker, [email protected]
Parks & Recreation
Nicholas S. Gonzalez / X8277
2 24C111
Yes
Yes
Yes
Department
-
No
3/6/25
Janet Burns, Administrative Specialist
Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 212

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER
City Project No. 24C111 Baristo Park Replacement Playground Equipment

Contract Change Order Number: 2
Date: March 6, 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 adds the safety inspection and impact testing of the rubberized surfacing of the Baristo Park playground equipment Agreement 24C111. Contract Change Order No. 2 provides for a total contract amount of $3,305.00.

CONTRACT CHANGE ORDER COST
Item No. DESCRIPTION UNIT AMOUNT
CCO1 Playground safety inspection &
surfacing testing LS $3,305.00

REASON FOR CHANGES:

This is a change order in the amount of $3,305.00 and a one-time, lump sum cost, for the safety inspection and impact testing of the rubberized surfacing of the Baristo Park playground equipment. Contract Change Order No. 2 provides for an increase of $3,305.00, for a total contract amount of $386,379.62.

CHANGES TO CONTRACT TIME:

This Contract Change Order No. 2 provides no changes to the terms of Agreement 24C111 contract time.

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 days Previous Change Order Amount:

This Change Order:
$0 Previous Days Added: 28
This Change Order Amount: $3,305.00 Days Added: 0
Revised Contract Amount: $386,379.62 Revised Contract Time: 143 days

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

City of Palm Springs

Approved As To Form:

Kevin Walker, Miracle Recreation

________________________________________
Jeff Ballinger, City Attorney

Date

____________________
Date
Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 3/10/2025
3/10/2025
Item 1J - Page 213

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Recommended By:

John A. Brickley, Project Manager Date
Approved By:

Nicholas S. Gonzalez,
Director of Parks & Recreation

Scott Stiles, City Manager

Date

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: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 3/10/2025
3/11/2025
3/11/2025
3/11/2025
Item 1J - Page 214
JAAE 1220F0394f8 ...
63//D999/0ED4B6 ...
54C883003EDE4BE ...

Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 215
Miracle
Payment Address
PO Box 734154
Dallas TX 75373-4154
Phone# (800) 264-7225
Fax# (877) 215-3869
[email protected]
www.miracle-recreation.com
Customer City of Palm Springs
Name Tabitha Richards
Phone (760) 323-8202
Email tabitha. [email protected]
Sales Rep Charlotte Smith
Emall [email protected]
I Payment Tenns Net30
Project Name
Baristo Park -City of Palm Springs -Miracle Structure
Description Quantity
MREC 5-12 1
Custom 5-12 Year Old
Playground from Miracle
recreation Equipment Company.

Drawing Number
R0036_45264446365
MREC 2-5 1
Custom 2-5 Year Old Playground
from Miracle Recreation
MREC Freestanding 1
Two Bay Swing Set with
Integrated Shade and with 2 Belt,
1 Generation and 1 Inclusive
Estimate Number MREC 6502
Estimate Date 05-21-2024
Expiration Date 04-04-2025
Price Discount Total
$49,431.00 22.00% $38,556.18
$44,514.00 22.00% $34,720.92
$17,530.00 22.00% $13,673.40
Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 216
Stamped Drawings 1 $7,500.00 0.00% $7,500.00
Stamped Drawing for
Playgrounds and Integrated
Shade
5 days at $1500 a day
$94,450.50

9.25% Sales Tax $8,736.67
Product Total $103,187.17
Deacrlptlon Quantity Rate
Freight Miracle 1 $6,041.00
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.

Site Preparation 1 $3,500.00
Mobilize Equipment and Materials
Demo & Removal of Existing Equipment 4 $11,400.00

DEMO AND DISPOSE OF EXISTING PLAYGROUND
EQUIPMENT. EXISTING USA SHADES TO REMAIN IN
PLACE (4 DAYS)
Demo & Removal of Existing Equipment 1 $3,000.00
DEMO AND DISPOSE OF EXISTING CONCRETE RAMPS.

APPROXIMATELY 200 SOFT. (1 DAY)
Demo & Removal of Existing Equipment 1 $5,980.00

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

APPROXIMATELY 750 SQFT. (1 DAY)+ COST OF
DISPOSAL FEES.

Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 217
Demo & Removal of Existing Equipment 2 $11,960.00

EXCAVATION AND DISPOSE OF EXISTING WOOD
CHIPS. APPROXIMATELY 6,113 SQFT. (2 DAYS)+
COST OF DISPOSAL FEES.

Site Preparation 3 $17,612.25
CONSTRUCTION OF CONCRETE KEY CURB.

APPROXIMATELY 403' LINEAR FEET. (3 DAYS)+

COST OF CONCRETE
Site Preparation 3 $17,757.15

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

COST OF MATERIALS
Equipment Installation 10 $53,438.20

INSTALLATION ONLY 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)
Poured in Place Rubber Surfacing 5 $136,210.60

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.

Planning & Design Services 3 $5,468.25

COST TO SUBMIT PLAYGROUND ENGINEERING TO CITY
BUILDING AND SAFETY DEPARTMENT. (3 DAYS)
Bond Fee 1 $7,580.00
Safety Inspection 1 $3,245.00
$283, 192.45
Tax $0.00
Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 218
Shipping, Handling and Non Taxable Services Total $283, 192.45 Pricing based on Miracle Recreation's Sourcewell contract #01521-LTS (formerly known as NJPA) I Grand Total I $386,379.62
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. Mm 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 sales@mlracleplayground .com or faxed to 877-215- 3869. Hard copies can be malled to Miracle Playground Sales 1101 Callfomla Ave Su ite 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 vo d. The customer authorizes Mirade to ship the equipment and pay Mirade the total amount specified. Sh1pp1ng terms are FOB the place of shipment VIS a common camer 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 exemptfon certificates to Mirade and promptly pey and discharge all applicable taxes. license fees. levies, end dismiss other 1mposittons on the equipment at its sole expense.

From: Bryce Lawrence
To: John Brickley
Subject: Baristo Park Change Order
Date: Wednesday, March 5, 2025 3:27:08 PM
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.

John,
See the revised quote in the link below. I added the safety inspection and upped the cost of the bond as it is based on the contract amount.
https://app.pandadoc.com/document/v2?token=f41b03d8c9b348099839f9c44454c064530b97b2 --
--
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
[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: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 219
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 220
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.

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
Revised

10.5 .21
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
, 18165\33505817
.l
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 221
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.

Revised

10.5.21 2
SHORT
FORM

CONSTRUCTION

CONTRACT
55575
18165\33505817
I
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 222

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
Revised

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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.

Revised 10.5.21
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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.

3.12.7.1 If
the
Parties
cannot
agree
upon
a
mediator,
each
Party
shall
select
a
mediator
and
those
mediators
shall
select
a
qualified
neutral
third
party
to
mediate
with
regard
to
the
disputed
portion
of
the
claim.

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

3.12. 7 .2
For
purposes
of
this
section,
mediation
includes
any
nonbinding
process,
including,
but
not
limited
to,
neutral
evaluation
or
a
dispute
review
board,
in
which
an
independent
third
party
or
board
assists
the
Parties
in
dispute
resolution
through
negotiation
or
by
issuance
of
an
evaluation.

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

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

3.12.7.4 The
mediation
shall
be
held
no
earlier
than
the
date
the
Contractor
completes
the
Work
or
the
date
that
the
Contractor
last
performs
Work,
whichever
is
earlier.

All
unresolved
Claims
shall
be
considered
jointly
in
a
single
mediation,
unless
a
new
unrelated
Claim
arises
after
mediation
is
completed.

3.12.8 Procedures
After
Mediation.

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

3.6 of
Title
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

10.5.21 14
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CONSTRUCTION

CONTRACT
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75 , 18165\3350581
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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
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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.

3.15.3.2 Automobile
Liability.
(1)
Such
policy
shall
give
the
City,
its
officials,
employees,
agents
and
volunteers
additional
insured
status
with
respect
to
the
ownership,
operation,
maintenance,
use,
loading
or
unloading
of
any
auto
owned,
leased,
hired
or
borrowed
by
Contractor
or
for
which
Contractor
is
responsible;
(2)
all
policies
shall
waive
or
shall
permit
Contractor
to
waive
all
rights
of
subrogation
which
may
be
obtained
by
the
Contractor
Revised
10 .5.21
55575
.18165\335058
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.l
17 SHORT
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CONSTRUCTION

CONTRACT
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 237
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
1 Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 238

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 239
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 240

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 241

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 242
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 243

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.

3.22 Compliance
with
Economic
Sanctions
in
Response
to
Russia's
Actions
in
Ukraine
. When
funding
for
the
services
is
provided,
in
whole
or
in
part,
by
an
agency
controlled
of
the
State
of
California,
Consultant
shall
fully
and
adequately
comply
with
California
Executive
Order
N-6-22
("Russian
Sanctions
Program").

As
part
of
this
compliance
process,
Consultant
shall
also
certify compliance
with
the
Russian
Sanctions
Program
by
completing
the
form
located
in
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
Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 244

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 245
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 246
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 247
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 248
Miracle .

Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 249
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 250
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 251
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 252
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 253

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 254
-
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 255
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 256
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 257
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 258
WHY MIRACLE ®
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 259
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 260
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 261
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 262
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 263
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 264
• 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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 265
~~~~
·-· ·-· ~~ TM
lntertek
~~.~~
·-· ·-·
~ TM
lntertek

CERTIFIED
CSAW47 .1
•
l~RNATtONAL
Standards Worldwide
·~
Docusign Envelope ID: 598340D2-F4DF-4FD3-8132-8760D5867259 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 266
. . .

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
Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 267

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 268
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 269

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 270
(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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 271
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 272
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 273

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 274
. , 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
•• ,,·••~,~~-1~8~·••,,,,
/~~.0i,_PO~ ;.:"°~_,\ ;v: :0 ("'. ('-:,
f ~: SEAL \~\ l ~:. 1996 ,: o I
\ ':,
0 • • OE.LAWIIRE.:-rfl/ -:, :.:>,.-.. .- q, ~
'•, v.::1 •··· -·1-,v .•
•••,,,,,,.,.,.,,., ...... ••·•'' ACKNOW LEDGEMENT
ounsel
Bond Safeguard
lnsura ce C r;,ipa7 y
c-l,-y 'J I I <
ard Appel;_ SVP & ~eni or
••'. a.O IN_SU~
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_; !$ SOUTH () t = iii DAKOTA O :
i p INSURANCE $ ;
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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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 275

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 276
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 277
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

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
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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 278
!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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 279

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:

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 thereot,

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 Docusign Envelope ID: 71ACB833-E1E5-498B-9E7C-6F246AE9E7D5 Item 1J - Page 280
.. 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

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH NV5 , INC., A CALIFORNIA CORPORATION , FOR ON -CALL ASSESSMENT

ENGINEERING SERVICES

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Approval of this item will allow the Engineering Services Department to enter into a professional services agreement to provide Assessment Engineering Services to support a variety of utility undergrounding projects under California Public Utilities Commission (CPUC) Rule 20B & 20C.

RECOMMENDATION:

1) Approve Professional Services Agreement No. _____ with NV5, Inc., a California corporation, to provide “on-call” Assessment Engineering services for an initial one (1) year term, subject to two (2) additional one (1) year extensions approved at the discretion of the City Manager for an amount not to exceed $600,000; and

2) Authorize the City Manager or designee to execute the Agreement and execute all task orders that fall under the Agreement value.

BUSINESS PRINCIPAL DISCLOSURE:

A copy of the Public Integrity Disclosure form for the awarded firm is included as Attachment A.

BACKGROUND:

On November 21, 2024, City Council approved Underground Utilities District Ordinance No. 2104 and adopted policy and procedural guidelines to assist private property owners with financing the cost of undergrounding their utilities through creation of assessment districts using the CPUC Rule 20 Program.

Item 1K - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
On-Call Assessment Engineering Services Agreement

The City of Palm Springs Engineering Services Department requires as-needed “On-Call” Assessment and related Civil Engineering Services to assist with the creation of Utility Undergrounding Assessment Districts (UUDs) to finance resident -initiated utility undergrounding projects and to guide such projects from initial exploration through the completion of construction and connection . The full extent of required professional services is not known at the present time; however, generally the Department anticipates the need for assessment engineering services for various utility undergrounding projects within neighborhoods across the city.

In order to adequately prepare for the variety of projects that the City may undertake in the years to come, it is important that the City has resources available to quickly provide the professional assessment engineering services related to those projects. The City does not currently have an on- call contractor for Assessment Engineering specialty services.

Staff solicited a R equest for Qualifications ( RFQ) under A E RFQ # 2025 for “On -Call” Assessment Engineering Services. By requesting RF Q’s periodically, the City positions itself to work with the most qualified firms and the use of competitive pricing.

The RFQ was written to ensure that the selected firm has demonstrated successful experience and capacity to provide assessment engineering services to a municipal government agency for these types of projects anticipated to be undertaken in the years to come.

STAFF ANALYSIS:

On January 16, 2025 , the RF Q for “On -Call” Assessment Engineering Services was posted through the City’s on-line bid management system PlanetBids TM. By the February
13, 2025, deadline, a total of 2 proposals were received as shown in Table 1 below:

Table 1
No. Firm Location Status
1 NV5 Palm Desert Selected
2 Sikand Engineering Sherman Oaks Not selected

Following a review of the proposals by a s election committee, NV5 was selected. Staff recommends that the City Council approve a Professional Services Agreement with NV5 to provide the requested services for the City. A copy of the Agreement is included as Attachment B.

It is important to note that the agreement is not for a specific dollar amount, as the extent to which services may be needed is not known. The maximum contract amount reflects the on- call nature of the Agreement, in that there is no defined cost other than the Item 1K - Page 2
I I
City Council Staff Report
March 27, 2025 -- Page 3
On-Call Assessment Engineering Services Agreement

consultant’s schedule of hourly rates and fees identified in Exhibit “ D” of the agreement.

This fact is reflected in Section 2.1 of the Agreement, which states:

City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific “Maximum Contract Amount” shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the Director of Engineering/City Engineer or the City Manager as provided in this Section 2.1. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the fee schedule set forth in Exhibit “D”. The total amount of Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $600,000.

It should also be noted that under the Underground Utility District Formation Guidelines for Rule 20B and Rule 20C Projects, the City will collect a deposit of funds and enter into an Underground Assessment District Deposit and Release Agreement with the Neighborhood Committee to hire and pay for all Consulting services, including the Assessment Engineering services.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This aligns with City Council Priority 2 – “Community Infrastructure”.

Item 1K - Page 3
City Council Staff Report
March 27, 2025 -- Page 4
On-Call Assessment Engineering Services Agreement

FISCAL IMPACT:

The proposed agreement is an on-call agreement and has no specific contract sum. The scope of services required by this agreement will vary dependent upon the number and type of projects assigned. The annual level of on-call services required by this agreement is unknown and may significantly increase or decrease from year to year. Expenditures for individual “Task Orders” approved for specific assignments associated with CPUC Rule 20B & 20C projects will be encumbered from funding to be deposited with the City by a local committee of interested residents (Neighborhood Committee) to support their utility undergrounding project.

REVIEWED BY:

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

ATTACHMENTS:

A. Public Integrity Disclosure Forms
B. Sample Agreement
Item 1K - Page 4

ATTACHMENT A
Item 1K - Page 5
E. PUBLIC INTEGRITY BUSINESS DISCLOSURE FORM

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity

Officer Director Member Manager
[name] General Partner Limited Partner
Other
Officer Director Member Manager
[name] General Partner Limited Partner
Other
Officer Director Member Manager
[name] General Partner Limited Partner
Other
NV5, Inc.
200 South Park Road, Suite 350, Hollywood, FL 33021
California
42829 Cook St Suite 104, Palm Desert, CA 92211
X
Dickerson Wright
Richard Tong
Alexander Hockman
X X
X X
X X
City of Palm Springs | On-Call Assessment Engineering Services NV5 | A5 Item 1K - Page 6
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E. PUBLIC INTEGRITY BUSINESS DISCLOSURE FORM

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date NV5 Global, Inc. 100%, NV5 Global, Inc.

Jeffrey M. Cooper
Executive Vice President/COO 02/13/2025
City of Palm Springs | On-Call Assessment Engineering Services NV5 | A6 Item 1K - Page 7

ATTACHMENT B
Item 1K - Page 8

CITY OF PALM SPRINGS

PROFESSIONAL SERVICES AGREEMENT
ON-CALL xxxxxxxxxxxxxx SERVICES
(SAMPLE AGREEMENT – INTENTIONALLY INCOMPLETE)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into,
to be effective this _____ day of _____________, 2025, by and between the CITY OF PALM S
PRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and xxxxxxxxxxxxx , (hereinafter referred to as “Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and are hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has determined that there is a need for A s-Needed, “On-Call” xxxxxxxxxx Services for a variety of future xxxxxxxxxxx projects, (hereinafter the “Project”).

B. Consultant has submitted to City a proposal to provide As-Needed, “O n-Call” xxxxxxxxxxxxxx Services for a variety of future xxxxxxxxxxxx projects to City pursuant to the terms of this Agreement.

C. Consul
tant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein.

D. C ity d
esires to retain Consultant to provide such professional services.

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

1.0 SERVICES OF CONSULTANT

1.1 S cop e of Services . In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A,” which is attached hereto and is incorporated herein by reference (hereinafter referred to as the “Services” or “Work”). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.

1.2 C
on tract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal ”); (5) Fee Schedule; and (5) the Task Order (as defined herein) (collectively referred to as the “Contract Documents”). The City’s Request Item 1K - Page 9
-

for Proposals and the Consultant’s Proposal, which is attached as Exhibits “B” and “C” respectively, is incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant’s Proposal. All provisions of the Scope of Services, Task Order, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1
st) the terms of this Agreement; (2 nd) the provisions of the Task Order; (3 rd) Scope of Services (Exhibit “A”), as may be amended from time to time; (4th) the provisions of the City’s Request for Qualifications (Exhibit “B”); and (5th) the provisions of the Consultant’s Proposal.

1.3 C
ompliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 L
icenses, Permits, Fees and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for t he Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 F
amiliarity with Work . By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facili ties, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 C
are of Work . Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 F
urther Responsibilities of Parties . Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.

Item 1K - Page 10

1.8 Performance of Services . City Manager or Director of Engineering/City Engineer , as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agr
eement to order the performance of services as generally described in the Scope of Services to perform ext
ra or additional work beyond that specified in the Scope of Services or make changes by altering, addi
ng to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager or the Director of Engineering/City Engineer to the Consultant, incorporating therein the
identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work.

1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§1101, et seq., as am
ended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any W ork under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses,
costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

2.0 COMPENSATION

2.1 Maximum Contract Amount . City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services t
he Consultant shall provide; and no guarantee of the extent or the type of Servi ces required of Consultant under
the terms of this Agreement is made by the City. The annual level of services required by this Agr
eement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant’s Services has not been identified for this Agreement , City and Consultant hereby acknowledge and agree that a specific “Maximum Cont
ract Amount ” shall be imposed on each separate project that the City may assign Consultant as pr
ovided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Or
der authorized by the Director of Engineering/City Engineer or the City Manager as provided in this Se
ction 2.1. Consultant shall be compensated and reimbursed for the services rendered under thi s A
greement in accordance with the fee schedule set forth in Exhibit “ D”. T he total amount of Compensation for the
duration of the term of this agreement, as defined in Section 3.4, shall not exceed $600,000.

The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hour
ly Billing Rates (Fee Schedule) as shown on Exhibit “ D”, or (iii) such other methods as may be spe
cified in the Schedule of Compensation.

Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the prof
essional services under this Agreement. Compensation shall include the attendance of Consultant at al
l project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts t he

Item 1K - Page 11

risk that the S ervices to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore.

It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant’s S ervices throughout the duration of the term of this Agreement, if any. Consultant’s compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant.

By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects.

2.2 M
et hod of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit “ D”), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty- five (45) days after receipt of the i nvoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.

2.3 C
hanges in Scope . In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees.

An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.

2.4 Appro
priations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.

If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall not be entitled to payment for any Services that Consultant may provide.

3. S

CHEDULE OF PERFORMANCE

3.1 Tim e of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement.

Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence Item 1K - Page 12

of the non-pe
rforming Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agr
eement upon receipt of a written Task Order and shall perform all Services within the time period(s) established in the Schedule of Performance . When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Majeure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Cont
ract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Eve
nt shall mean an event that materially affects the Consult ant’s performance and is one or more of the fol
lowing: (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 unf
oreseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this se
ction, “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 a s a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the ext
ent of any necessary del ay and extend the time for performing the Services for the period of the enf
orced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Of
ficer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this
Agreement.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for one (1) year from the effective date of this Agreement. At the sole discretion of
the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDI

NATION OF WORK

4.1 R epres entative of Consultant . The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: xxxxxxxxxxxxx. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreemen t. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 C
ontract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's Item 1K - Page 13

responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herei n, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 P
ro hibition Against Subcontracting or Assignments . The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 I
ndepe ndent Consultant.

A. The l
egal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint ventures or a member of any joint enterprise with Consultant.

B. C
onsul
tant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

Item 1K - Page 14

C. No Ci
ty benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 C
alifornia Labor Code Requirements .

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

B. If the S ervices are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such S ervices must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 T
ypes of Insurance . Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer Item 1K - Page 15

whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:

A. E
rr ors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1)
Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

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

C. C
omme rcial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property Item 1K - Page 16

damage including coverages for contractual liability, personal injury, independent Consultant s, broad form property damage, products and completed operations.

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

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

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

5.3 O
ther Insurance Requirements . The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement:

A. F or
any claims related to this Agreement, Consultant’s coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers.

Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

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

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

D. N
one of
the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. C
onsul
tant agrees to require its insurer to modify insurance endorsements to delete Item 1K - Page 17

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

F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review.

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

H. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall b e submitted prior to expiration.

Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

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

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

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

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

5.4 Sufficiency of Insurers . Insurance required herein shall be provided by authorized Item 1K - Page 18

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

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

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

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

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

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

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them.

6. INDEMNIFICATION

6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal cos ts and attorney fees (collectively “Claims”), including Item 1K - Page 19

but not limited to Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties.

Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement.

Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemn ified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

7. REPORTS AND RECORDS

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

7.2 R
eports . Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated inc reased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 O
wnership of Documents . All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Item 1K - Page 20

Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consult ant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its sub consultants shall provide for assignment to City of any documents or materials prepared by them, and in the event, Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization.

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

8. ENFORCEMENT OF AGREEMENT

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

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

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

8.3 T
ermination . City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer.

Item 1K - Page 21

Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

8.4 D
efault of Consultant.

A. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.

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

8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided herein.

8.5 Waiver . N
o waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

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

Item 1K - Page 22

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

8.8 A
ttorney Fees . In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

9. CI
TY O
FFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 No n -liab ility of City Officers and Employees . No officer or employee of the City shall be personally liable to the Consultant, 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 Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

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

9.3 C
ovenant Against Discrimination . In connection with its performance under this Agreement, Consultant 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”).

Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis.

As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agr
eement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 Consultant 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.

10. M
IS

CELLANEOUS PROVISIONS

10.1 P atent and Copyright Infringement .

A. To the
fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Item 1K - Page 23

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

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

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

To City: C
ity of Palm Springs
Atten tion: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
To Consultant: xxxxxxxxxxxxxxxxxxxxxxx

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

10.4 S
evera bility. Whenever possible, each provision of this Agreement shall be interpreted in Item 1K - Page 24

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

10.5 S
uccessors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

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

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

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

10.9 C
ounterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.

10.10 C
ompliance with Economic Sanctions in Response to Russia's Actions in Ukraine.

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

[
SIGNATURES ON FOLLOWING PAGE]

Item 1K - Page 25

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT NAME***]
IN WIT
NESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd si
gnature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPRO
VED BY CITY COUNCIL:

Date: _______ It em No.

APPRO
VED AS TO FORM: ATTEST:

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

By: _____ __________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1K - Page 26
- -

of 23
EXHI
BIT “A”

SCOPE OF SERVICES
Item 1K - Page 27

of 23
EXHI
BIT “B”

REQUEST FOR QUALIFICATIONS
Item 1K - Page 28

of 23
EXHIBIT “C”

CONSULTANT SIGNED PROPOSAL
Item 1K - Page 29

of 23
EXHIBIT “D”

FEE SCHEDULE
Item 1K - Page 30

of 23
EXHIBIT “E”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1K - Page 31

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF STORM DRAIN LINE 20 , STAGE 3, CITY PROJECT 19-15

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Formal City Council acceptance of the subject 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 Storm Drain Line 20, Stage 3 , City Project 19 -15 (“Project”), as completed in accordance with the plans and specifications; and

2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Storm Drain Line 20, Stage 3 , City Project No. 19-15.

BUSINESS PRINCIPAL DISCLOSURE:

Not Applicable.

BACKGROUND:

On November 9, 2023, the City Council awarded a construction contract in the amount of $11,555,555 to Mamco, Inc. dba Alabbasi to construct the installation of Storm Drain Line 20, Stage 3, City Project 19-15. After award of the contract, submittals were reviewed and approved, followed by ordering of long lead items. A notice to proceed (NTP) to start construction was given on February 26, 2024, with a project duration of 180 working days to complete construction.

Item 1L - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
Acceptance of Storm Line Drain 20, Stage 3 – City Project 19-15

STAFF ANALYSIS:

The Project was substantially completed as of December 12, 202 4, pending final inspection by Riverside County Flood Control (RCFC). Figure 2 below shows progress pictures during construction and at substantial completion.

On February 7, 2025, the Project was accepted as complete per RCFC standards . Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

Figure 2
Item 1L - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
Acceptance of Storm Line Drain 20, Stage 3 – City Project 19-15

Since construction started, there have been six contract change orders approved for the following reasons:

• Contract Change Order No.1 ($12,099.46) – Contractor’s idle equipment during a three-day (3 day) period. At the time of the initial excavation of the storm drain, the Contractor, as required, verified the existing conditions and the invert elevation of the proposed connection point required an elevation change.

• Contract Change Order No. 2 ($ 15,840.80) – Contractor replace d 36 feet of existing active sewer drain that was discovered in poor condition and was not originally included in the scope of work.

• Contract Change Order No. 3 ($50,253.50) – Design changes to select existing street drainage locations not originally included on the plans. This would eliminate ponding observed during construction in areas that would otherwise be an issue.

• Contract Change Order No. 4 ($3,235.13) – Contractor requested design changes to construct an alternate design of drain inlet to avoid conflict with an active Southern California Gas line.

• Contract Change Order No. 5 ($ 10,223.93) – Provided compensation for the Contractor to replace 18 feet of the existing active sewer drain which was discovered in poor condition and was not originally included in the scope of work.

• Contract Change Order No. 6 ($20,000 ) – The Contractor identified additional junction structures that were needed to complete the project. There were bid items listed, but the scope quantity was insufficient. An additional four structures were required.

ENVIRONMENTAL ASSESSMENT
:

Staff has prepared and filed a Notice of Determination with the State Clearing House for this Project. Staff has satisfied the CEQA requirements for this Project.

ALIGNMENT WITH STRATEGIC PLANNING:

This Project aligns with City Council Priority 2A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT:

The original contract amount was $11,555,555, with a 10% contingency of $1,155,555.

Item 1L - Page 3
City Council Staff Report
March 27, 2025 -- Page 4
Acceptance of Storm Line Drain 20, Stage 3 – City Project 19-15

Staff negotiated a final balancing change order in the amount of $282,667. The total amount of change orders was $394,319.82 or 3.4 % contingency . The final balancing change order is included as Attachment B.

The City is holding retention in the amount of $597,493.74 for Mamco, Inc., dba Alabbasi, pending the acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The Project account will be closed out upon final payment to the Contractor.

REVIEWED BY:

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

ATTACHMENTS:

A. Notice of Completion
B. Final Balancing Change Order
Item 1L - Page 4

Attachment A
Item 1L - Page 5

Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

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

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

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

Name Street and No. City State
__________________________________________________________________________________________________________

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

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

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

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

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

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

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

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

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

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

Recording Requested By:

When Recorded Mail To:

Item 1L - Page 6

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized Agent”, “Partner”, etc.) of the O
wner 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 und
er 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 Agent
Joel Montalvo/City Engineer
City of Palm Springs

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

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

Witness my hand and official seal.
_____________________________________________
Signature
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Item 1L - Page 7
Attachment B
Item 1L - Page 8
Revised 4.13.23 Page 1 of 2

CITY OF PALM SPRINGS
FINAL BALANCING CHANGE ORDER No. 7
CIP 19-15 Storm Drain Line 20

Contractor: Date: March 12, 2025

CONTRACT CHANGE ORDER SUMMARY

The City’s Project Manager has prepared an itemized accounting of the credits for contract work which the Contractor did not complete, additional work due to changes in scope, or was determined to be unnecessary to the Project. This accounting also includes additional costs from negotiated claim quantities and reimbursements from the contractor, from the beginning of the contract work. The accounting in full was presented to the Contractor on March 7, 2025, for review and both the City and Contractor agreed to the credits and adjusted (claim) amounts as shown below.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
61 Install Type E loop Detector- Not Installed. 100 LS ($70,000) 70 Partial Credit – Abandonment Existing Bubbler Inlets (2 of 4). 2 EA. ($18,000) 07 Construct 84” RCP (2000D) Storm Drain- Reduced Quantity. 8’ LF. ($10,400) Reimb Geocon Technician Overtime ($250.00 X 58 Hours). 58 HR ($14,500) Reimb Berg & Associates CM OT Rate $250 X 34.5 Hr. 34.5 HR ($8,625) Claim 1 Additional Paving Due to Caving. 1 LS $412,404.43 Claim 1 Contractor’s percentage of liability for caving/restoration- 10%. 10 % ($41,240) Claim 2 Included in Claim 3.2 $0.00
Claim 3 3.1, Claim No 03.1 Traffic Signal Remove/Reinstall City to pay 25%. 25 % $4,777.57 Claim 3 3.2, Claim No 03.2 Additional Mobilization of Paving City to pay 50% of AA Asphalt proposed cost or $12,300. 50 % $6,250
Claim 3 03.3, J&B Change of Boring Pits/Added Storm Drainpipe (BI 62). 8 LF $22,000 Total Lump Sum Change Order Amount $282,667
CHANGES TO CONTRACT TIME:

The Contractor requested an additional 50 working days.

SOURCE OF FUNDS:

The project funding source contains sufficient funds to cover this Final Balancing Change Order No.7

SUMMARY OF COSTS:

Original Contract Amount: $11,555,555.00 Construction Start Date: 02/26/2024 Previous Change Orders:

$111,652.82 Previous Agreed Completion
Date:
11/20/2024
This Change Order Amount: $282,667.00 Working Days Added: 50 Revised Contract Amount: $11,949,874.82

Revised Completion 02/07/2025

SIGNATURES ON NEXT PAGE
Item 1L - Page 9

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

Mamco, Inc. DBA Alabbasi
Rami Alabbasi, Project Manager Date
City of Palm Springs

Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott Stiles, City Manager Date

Attest By:

Brenda Pree, City Clerk Date

Item 1L - Page 10

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF THE RECREATION FIELDS LED LIGHTING UPGRADES, CITY PROJECT NO. 19-28

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

Formal City Council acceptance of the subject 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 Recreation Fields LED Lighting Upgrades, City Project 19- 28 (“Project”), as completed in accordance with the plans and specifications; and

2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Recreation Fields LED Lighting Upgrades, City Project 19-28.

BUSINESS PRINCIPAL DISCLOSURE:

Not Applicable.

BACKGROUND:

On April 10, 2023, the City Council awarded a construction contract in the amount of $4,974,788.05 to Southern Contracting Company to construct the installation of new LED lighting at the recreational baseball fields, City Project 19-28. After award of the contract, submittals were reviewed and approved, followed by ordering of long lead items. A notice to proceed (NTP) to start construction was given on September 18, 2023, with a Project duration of 150 working days to complete construction.

Item 1M - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
Acceptance of Recreation Fields LED Lighting Upgrades – City Project 19-28

STAFF ANALYSIS:

Since construction started, there has been one contract change order approved for the following reason:

• Contract Change Order No.1 ($489,074.71) – City staff requested the Contractor propose and install 4- additional soccer LED light poles at Demuth Park and the replacement of an electrical switchboard in poor condition.

On October 22, 2024, the Project was accepted as substantially completed, with the final component of the project being the installation of an electrical switch gear at Demuth Park. The existing switch gear is still in use; however, it is in poor condition and needs to be replaced. The Switch gear was scheduled to arrive by March 5, 2025; however, Staff and the contractor recently received a letter stating that due to material manufacturing issues, the equipment would not be arriving until August 2025.

Given that that the ballfield lights have been in use since October 2024, and that the final piece of equipment will only take up to four days to install, Staff recommends that City Council accept the Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

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 Recreation Fields LED Lighting Upgrades, City Project No. 19-28, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority 2A – Improve City Facilities – and will assist in implementing the following tasks: Focus on Parks and Community Facilities and Prioritize Deferred Maintenance.

FISCAL IMPACT:

The original contract amount was $4,974,788 with a contingency of $497,478, which was 10% of the construction contract. Staff negotiated a final balancing change order resulting in a credit of $57,527.31. The final balancing change order is included as Attachment B.

The City is holding retention in the amount of $266 ,973.08 for Southern Contracting Company, pending the acceptance of improvements and filing the Notice of Completion Item 1M - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
Acceptance of Recreation Fields LED Lighting Upgrades – City Project 19-28

with the County Recorder’s Office. The Project account will be closed out upon final payment to the Contractor.

REVIEWED BY:

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

ATTACHMENTS:

A. Notice of Completion
B. Final Balancing Change Order
Item 1M - Page 3

Attachment A
Item 1M - 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