FAA – 24 Tax Delinquency and Felony Conviction
APPLICABILITY – This provision applies to all contracts funded in whole or part with AIP.
REQUIREMENT -
The Contractor must have certified under the procurement process that resulted in the award of this contract that:
• Contractor has not been convicted of a Federal felony within the last 24 months; or • Contractor does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted.
Reference: Sections 8113 of the Consolidated Appropriations Act, 2022 (Public Law 117-103), and similar provisions in subsequent appropriations acts.
DOT Order 4200.6 – Appropriations Act Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
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FAA – 25 Termination of Contract
APPLICABILITY – All contracts and subcontracts in excess of $10,000.
REQUIREMENT -
See Section 4.5 of the Agreement.
Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
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FAA – 26 Foreign Trade Restriction
APPLICABILITY – all AIP funded projects.
REQUIREMENT -
TRADE RESTRICTION CERTIFICATION
By accepting this contract the Contractor certifies the following statements are true – 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.
The Contractor must provide immediate written notice to the City if the Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require s ubcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which i s normally possessed by a prudent person in the ordinary course of business dealings.
The Contractor agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Contractor has knowledge that the certification is erroneous.
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
F – Page 177 of 633
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.
Reference: 49 USC § 50104, 49 CFR part 30
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
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FAA – 27 Veteran’s Preference
APPLICABILITY – This provision applies to all AIP funded projects that involve labor to carry out the project. This preference, which excludes executive, administrative, and supervisory positions, applies to covered veterans [as defined under § 47112(c)] only when they are readily available and qualified to accomplish the work required by the project.
REQUIREMENT -
In the employment of labor (excluding executive, administrative, and supervisory positions), the Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veteran s. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.
Reference: 49 USC § 47112(c)
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
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FAA – 28 Domestic Preferences for Procurements
APPLICABILITY – all contracts and Purchase orders for work or products under the grant.
REQUIREMENT -
The Contractor certifies by signing and submitting its bid or proposal that, to the greatest extent practicable, the Contractor has provided a preference for the purchase, acquisitio n, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products) in compliance with 2 CFR § 200.322.
Reference: 2 CFR § 200.322; 2 CFR Part 200, Appendix II(L)
Docusign Envelope ID: C3C3BCA3-AB80-4C18-9AB2-B9AE24329207
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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: AWARD OF A CONTRACT AND APPROVAL OF TASK ORDERS FOR THE 2026 PAVEMENT REHABILITATION PROJECT (CITY PROJECT
NO. 26-01) INCLUDING APPROVAL OF A CONSTRUCTION CONTRACT
TO MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $8,072,751.23; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 25Q158 WITH DUDEK, INC., IN AN
AMOUNT NOT TO EXCEED $268,000 FOR CONSTRUCTION
MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL OF A
TASK ORDER UNDER ON-CALL AGREEMENT NO. 23PO41 WITH TSG
ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $11,750 TO PROVIDE COMMUNITY WORKFORCE
AGREEMENT ADMINISTRATION
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Approval of this item will award a contract for the construction of the 2026 Pavement Rehabilitation Project, including approval of associated agreements for construction management services and community workforce agreement administration.
RECOMMENDATION:
1. Award a construction contract to Matich Corporation in the amount of $8,072,751.23 for the 2026 Pavement Rehabilitation, City Project 26-01(“Project”);
2. Authorize the City Manager to approve a task order for project management and inspection services from an on-call engineering services firm, Dudek, Inc., in an amount not to exceed $268,000;
3. Authorize the City Manager to approve a task order for Community Workforce Agreement (CWA) administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $11,750;
4. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,341,934 with all change orders reported to the City Council; and
5. Authorize the City Manager or designee to execute all necessary documents.
G – Page 181 of 633
City Council Staff Report
June 10, 2026 -- Page 2
Award 2026 Pavement Rehabilitation Project, CP 26-01
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure forms for Matich Corporation, Dudek, Inc., and The Solis Group are included as Attachment A.
BACKGROUND:
On June 29, 2023, the City Council reviewed and approved the Final Report for the City of Palm Springs Pavement Management Program 2023 Update. The 2023 Update re- assessed the condition of all city streets and identified and characterized different types of failures of each street segment in order to determine an overall Pavement Condition Index (PCI). The PCI is rated from 100 (perfect condition/new) to 0 (worst condition).
Specific ranges of PCI ratings are given a letter grade and an associated condition, as shown in Table 1.
Table 1
PCI Range Grade Condition Description
90-100 A Good Little or no distress.
70-89 B Satisfactory
Little or no distress, with the exception of utility
patches in good condition, or minor to moderate
hairline cracks; lightly weathered.
50-69 C Fair Light to moderate weathering, light load-related base failure, moderate linear cracking.
25-49 D Poor Moderate to severe weathering, moderate levels of base failure, moderate to heavy linear cracking.
0-24 E Very Poor
Extensive weathering, moderate to heavy base
failure, failed patches, extensive network of
moderate to heavy linear cracking.
All streets require regular maintenance to improve the condition and extend the life of the pavement, with the type of maintenance dictated by the PCI index. The following Table 2 lists the various typical maintenance treatment applied per Condition/PCI range.
Table 2
Condition Grade PCI
Range
Typical Maintenance Treatment
Good A 90-100 Do nothing
Satisfactory B 70-89
60-69Fair C 50-59
Slurry Seal & Crack Seal
Edge Grind and 2" Overlay
Poor D 25-49 AC (Asphalt/Concrete) Surface Reconstruction Very Poor E 0-24 Full Depth AC and Base Reconstruction Reconstruction Structure (PCC)
G – Page 182 of 633
City Council Staff Report
June 10, 2026 -- Page 3
Award 2026 Pavement Rehabilitation Project, CP 26-01
STAFF ANALYSIS:
On March 25, 2026, City Council approved the plans, specifications, and estimates for the proposed street paving project. The Project was advertised for bidding in The Desert Sun, industry plan rooms and the PlanetBids electronic bid system on March 26, 2026, and on April 16, 2026, bids were received. Following the initial bid opening, the City received a bid protest from Vance Corporation. Upon review, the City determined that a material defect existed within the bid documents and subsequently rejected all bids.
The Project was re-advertised for bidding in The Desert Sun, industry plan rooms and the PlanetBids electronic bid system on April 23, 2026, and on May 14, 2026, the following bids were received:
Company Location Bid Amount
Matich Corporation Cabazon, CA $8,072,751.23
Granite Construction Co. Indio, CA $8,495,000.00
Calmex Bloomington, CA $8,512,345.05
R.J. Noble Company Orange, CA $9,128,586.70
Note: There were a total of three (3) Bid Schedules (A, B, & C). Bid Schedule C was not selected.
The totals above are based on Bid Schedules A+B.
Scope of Work
The Project will include approximately 2.1 million square feet of pavement rehabilitation and associated utility/monument cover adjustments across various arterials, collectors, and residential streets. As part of the street reconstruction, any curb ramps adjacent to the streets selected for complete AC surface reconstruction will be brought up to current Americans with Disabilities Act (ADA) standards. A copy of the street list and map is included as Attachment B.
Time of Completion
The work shall be diligently prosecuted to completion before the expiration of 45 working days from the issuance of a notice to proceed. Working days are defined as Monday through Friday, excluding weekends and City recognized holidays.
Bid Analysis
The lowest responsive bid was submitted by Matich Corporation (Matich) in the amount of $8,072,751.23 for Base Bid Schedule A and additive Bid Schedule B. The Engineer’s Estimate for the Project was $8,500,000. Due to limited available funding, Bid Schedule C will not be included in the award. Staff recommend the City Council award a construction contract to Matich. The proposed agreement is included as Attachment C.
The bidding documents received from Matich are included as Attachment D.
Construction Management Services
Staff issued a Request for Proposals (RFP) for Construction Management (CM) and
G – Page 183 of 633
City Council Staff Report
June 10, 2026 -- Page 4
Award 2026 Pavement Rehabilitation Project, CP 26-01
Inspection services to one of their on-call CM firms. The requested RFP was written to ensure that the selected firm demonstrated successful experience and capacity to provide construction management with inspection services required by the City. Dudek provided a proposal in the amount of $268,000. Staff recommend the City Council approve a task order under On-Call Agreement 25Q158 with Dudek, Inc., not to exceed $268,000.
Project Labor Agreement (PLA) and Administration
This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost. Staff issued a Request for Proposals (RFP) from our on-call Community Workforce Administration Services firm, TSG Enterprises, Inc., dba The Solis Group (“TSG”). Staff recommend the City Council approve a task order under On-Call Agreement 23PO41 with TSG not to exceed $11,750.
Local Business Preference Compliance
Section 7.03.08 of the Palm Springs Municipal Code, “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. Matich Corporation has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.
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 have determined that the 2026 Pavement Rehabilitation, City Project No. 26-01, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
The estimated construction and administrative costs to complete the project are shown in Table 3 on the following page.
G – Page 184 of 633
City Council Staff Report
June 10, 2026 -- Page 5
Award 2026 Pavement Rehabilitation Project, CP 26-01
Table 3
Project Costs Amount
Measure J Funds – Pavement Rehab FY 26 Budget $8,895,569 Measure J Funds – Pavement Rehab Share of FY 27 Budget $616,875 Measure A Funds $217,000
Project Administration ($35,000)
Construction Administration/Inspection ($268,000)
Community Workforce Agreement Administration ($11,750)
Construction Contract ($8,072,751.23)
Contingency ($1,341,934)
Total $0
Sufficient funds have been budgeted to cover the cost of construction.
REVIEWED BY:
City Engineer: Joel Montalvo
Director of Finance & Treasurer: Kristopher J. Mooney
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Forms
B. Street List and Map
C. Construction Agreement
D. Contractor’s Bid
G – Page 185 of 633
Attachment A
Public Integrity Disclosures
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/39/4/16/40/5/i255/12/20/i255/12/3/4/5/6/8/14/4/10/5/7/11/12/6/41/i255 /i255
/39/24/5/6/21/5/4/11/16/55/5/i255/12/20/i255/19/5/4/5/20/14/21/14/16/22/i255/14/4/11/5/6/5/7/11/i255/14/4/i255/5/4/11/14/11/26/i255 /16/4/27/i255/4/16/40/5/i255/12/20/i255/5/4/11/14/11/26/41/i255 /51/i255/37/35/47/59/33/60/35/i255/61/34/37/35/60/i255/49/35/34/33/59/62/50/i255/38/63/i255/49/35/60/32/61/60/50/i255/61/34/37/35/60/i255/62/64/35/i255/59/33/65/66/i255/38/63/i255/62/64/35/i255/66/62/33/62/35/i255/38/63/i255 /47/33/59/51/63/38/60/34/51/33/i255/62/64/33/62/i255/62/64/35/i255/63/38/60/35/67/38/51/34/67/i255/51/66/i255/62/60/61/35/i255/33/34/37/i255/47/38/60/60/35/47/62/54/i255 /68/14/55/4/16/11/69/6/5/i255/12/20/i255/58/14/7/21/22/12/7/14/4/55/i255/30/16/6/11/26/70/i255/30/6/14/4/11/5/27/i255/71/16/40/5/70/i255/72/14/11/22/5/i255/58/16/11/5/i255 /73/74/74/75/76/77/78/79
/80/81/82/83/84/85/i255/87/81/88/89/90/81/91/i255/92/93/83/82/94/95/83/88/96/i255/89/88/95/i255/97/98/99 /100/101/102/103/104/i255/106/106/107/i255/106/108/106/109 /110/111/112/113/114/115/116/117/i255/119/117/120/121/122/111/123/121/i255/124/110/125/i255/126/127/128/129/127/130/130/128/131/127/126/132/127/131/126/126/133/134/131/128/127/135/127/131/119/110/129/128/110/126/128/135/136/134/137/119
G – Page 191 of 633
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 t
han 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, Membe rs, Managers, Tru stees, Other F iduciaries (please specify) Note: If any response is not a natural person, please iden tify all off icers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General P artner Limited Partner
Other ____________________ _______
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___ _______________________
________________________________ O
fficer Director Member Manager
[name] General Partner Limited Partner
Other __________________________
TSG Enterprises, Inc. dba The Solis Group
3452 E Foothill Blvd, Ste 200, Pasadena, CA 91107
See above
California
X
Elvira Elizabeth Diez Solis X
Andrew Solis-Castillo X
G – Page 192 of 633
7. O wners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, AB C COMP
ANY, 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/in vestor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/inves tor] [p ercentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [p ercentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of benef icial interest i n entity and name of entity]
I D ECLARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date Elvira Elizabeth Diez Solis
100%, TSG Enterprises, Inc. dba
The Solis Group
Elvira Elizabeth Diez Solis,
CEO
February 3, 2023
G – Page 193 of 633
Attachment B
Street List and Maps
G – Page 194 of 633
2026 Citywide Pavement Rehabilitation, City Project 26-01 Section ID Bid
Schedule Street Name Beg Location End Location Road
Classification
10790 A ANZA DR NAVAJO DR CALIENTE ROAD Residential
11590 A AVENIDA PALOS VERDES TAMARISK RD VIA ALTAMIRA Residential 11770 A BARISTO RD FARRELL DR 30' E/OF CIVIC Collector
13620 A CALLE PALO FIERRO MESQUITE AVE CAMINO REAL Residential 13660 A CALLE PALO FIERRO LA VERNE WAY AVENIDA GRANADA Residential 14820 A DAVIS WAY FRANCIS DR LINDSEY DR Residential
15920 A FARRELL DR NORTH END FRANCIS DR Residential
16070 A FINLEY RD FARRELL DR CERRITOS RD Residential
16880 A HILDY LN FARRELL DR CERRITOS RD Residential
17180 A JANIS DR RACQUET CLUB SANBORN WAY Residential
17510 A LA VERNE WAY CAMINO REAL CALIENTE RD Collector
17520 A LA VERNE WAY CALIENTE RD E PALM CANYON DR Collector 17700 A LINDSEY DR STARR RD SUNNYVIEW DR Residential
18500 A MILO DR SANBORN WAY RACQUET CLUB RD Residential 18570 A MOLINO RD SUNNYVIEW DR STARR RD Residential
20380 A ROGERS RD CERRITOS RD FARRELL DR Residential
20620 A SANBORN WAY JANIS DR WEST END Residential
21130 A SIMMS RD SUNNYVIEW DR INDIAN CANYON DR Residential 21140 A SIMMS RD SUNNYVIEW DR 130 FT. E/O STARR RD Residential 21770 A STARR RD FRANCIS DR LINDSEY DR Residential
21780 A STARR RD MOLINO RD SIMMS RD Residential
22020 A SUNNYVIEW DR FRANCIS DR SIMMS RD Residential
22030 A SUNNYVIEW DR SIMMS RD MOLINO RD Residential
22420 A TAMARISK RD AVENIDA CABALLEROS VIA MIRALESTE Collector 22570 A TOLEDO AVE LA VERNE SIERRA WAY Collector
23100 A VIA ALTAMIRA INDIAN CANYON RD VIA MIRALESTE Residential 23420 A VIA MIRALESTE TAMARISK RD ALEJO RD Residential
24190 A WYMAN DR LINDSEY DR FRANCIS DRIVE Residential
12300 A BRENTWOOD DR CHERRY HILLS DR WAVERLY DR Residential 14330 A CHINO CANYON RD VISTA DR 350' E/O LEONARD ROAD Residential 14460 A CIELO DRIVE (CULDESAC
525 FT WEST OF
525 FT WEST OF
PANORAMA RD SOUTH END OF CULDESAC Residential
22580 A TOLEDO AVE SIERRA WAY 150' S/O MURRAY CANYON DR Collector 22930 A VELLA RD RAMON RD SUNNY DUNES RD Residential
23790 A VISTA DR CHINO CANYON ROAD S END Residential
24020 A WAVERLY DR LAWRENCE CROSSLEY RD BRENTWOOD DRIVE Residential 14080 A CERRITOS DR VISTA CHINO 630 S/OF VISTA CHINO Collector 21900 A SUNNY DUNES RD GRENFALL RD SUNRISE WAY Collector NA A TRAMWAY RD HWY 111 950' W/S HWY 111 Collector
22650 B TAHQUITZ CANYON WAY SUNRISE WAY AVENIDA CABALLEROS Arterial 22660 B TAHQUITZ CANYON WAY AVENIDA CABALLEROS CALLE ENCILIA Arterial 22670 B TAHQUITZ CANYON WAY CALLE ENCILIA INDIAN CANYON DR Arterial 22680 B TAHQUITZ CANYON WAY INDIAN CANYON DR PALM CANYON DR Collector
G – Page 195 of 633
0 0.45 0.90.23 MilesPalm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
PARKVIEW
ESTATES
PALM
SPRINGS
VILLAS
LITTLE
TUSCANY
DOWNTOWN
PALM
SPRINGS
PALM
SPRINGS
THE M ESA
CANYON
CORRIDOR
SALVIA
N
Farrell Dr
Verona Rd
Tortuga Rd
Tachevah Dr
Quijo Rd
N
G
ene
Autry
Trl
Ramon Rd
Landau
Blvd
Vista Chino
S
G
ene
Autry
Trl
10 Cimarron
Golf
Resort
Desert
Princess
Country
Club
UPPER
WESTSIDE
SUNM OR
EL M IRADOR
DEEPWELL
RANCH
WHITEWATER
CLUB
GATEWAY
RAM ON
PALM S
LAWRENCE
CROSSLEY
RANCH CLUB
SONORA
SUNRISE
M ELODY
RANCH
EL RANCHO
VISTA
ESTATES
RUTH HARDY
PARK
TWIN PALM S
BARISTO
DEM UTH
PARK
M IDTOWN
GOLDEN
SANDS
LOS
COM PADRES
ESCENA
WARM SANDS
CATHEDRAL
CITY
RIM ROCK
ARABY
COM M ONS
SUNAIR
LOS
PUEBLOS
WEST GATEINDIAN
CANYON
ANDREAS
HILLS
SAHARA
PARK
1 2
3 4
5 6
7 Overview
G – Page 196 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
Eastgate
R
d
Cabrillo Rd
Tramway Rd
M
cC
arthy
R
d
W Gateway Dr
W Santa Catalina Rd
W Sunview Ave
Frontage
R
d
Vista
D
unes
Mira Grande
Alta Cresta
Alta Rdg
Summit Dr
W San Rafael Dr
W Radio Rd
N
LosFelicesRd
W Pico Rd
W Yorba Rd
N
Indian
C
anyon
D
r
N
Indian
C
anyon
D
r
111
Desert Highland
Park
PALM
SPRINGS
VILLAS
RACQUET
CLUB WEST
M OUNTAIN
GATE DESERT
HIGHLAND -
GATEWAY
LITTLE
TUSCANY
N
Via
M
onte
Vista
W Racquet Club Rd
W Via Olivera
W Panorama Rd
W Vereda Sur
W Vista Chino
W Stevens Rd
N
Leonard
R
d
W Via Escuela
Vereda Norte
Cam
ino
M
irasol
Camino Norte
W Via Sol
W Mariscal Rd
S Via Las Palmas
N
M
ilo
D
r
N
Indian
C
anyon
D
r
N
Palm
C
anyon
D
r
111
Arrive Hotel
VISTA LAS
PALM AS
N
Avenida
C
aballeros
N
StarrR
d
M
iralon
W
ay
Fountain Dr
Am
bassadorD
r
TaylorD
r
UPPER
WESTSIDE
N
Via
M
iraleste
E Paseo El Mirador
E Mel Ave
E Louise Dr
Jacques
D
r
N
Berne
D
r
E El Cid
Raymond Cree
Middle School
Desert Regional
Medical Center
EL M IRADOR
VISTA NORTE
RACQUET
CLUB
ESTATES
Simms Rd
Sunny View Dr
C
i e
l o
D r
C
h i n o
C a n y o n R d
Sanborn Way
Via Miraleste
Lindsey Dr
Wyman Dr
Davis Way
Molino Rd
Janis Dr
Sheet 1 of 7
G – Page 197 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
E Racquet Club Rd
N
Sunrise
W
ay
N
Avenida
C
aballeros
E Del Lago RdN
Paseo
de
Anza
N
Aurora
D
r N
H
erm
osa
D
r
N
Biskra
R
d
N
Bahada
R
d
N
C
huperosa
R
d
E Joyce Dr
M
iralon
W
ay
Am
bassadorD
r
UPPER
WESTSIDE
SUNRISE
VILLAGE
DESERT
PARK
ESTATES
COYOTE RUN
GOLDEN
SANDS
SUNRISE
PALM S
FOUR
SEASONS
N
Sunrise
W
ay
N
C
erritos
D
r
N FarrellDr
E Paseo El Mirador
E Chia Rd
E Desert Park Ave
E Rochelle Rd
E Louise Dr
N
Aurora
D
r
E El Cid
N
D
eborah
R
d
N
icola
R
d
W
N
Sunrise
W
ay
111
Raymond Cree
Middle School
EL M IRADOR
RANCH CLUBVISTA NORTE
ROGERS
RANCH
N
FarrellD
r
SavannaW
ay
WHITEWATER
CLUB
N
FarrellD
r
E Verona Rd
Acacia
R
d
E
E Ventura Rd
E Vincentia Rd
E Chia Rd
E San Juan Rd
N
Vim
inalR
d
N
W
hitew
aterC
lub
D
r
E Vista Chino
GENE AUTRY
EL RANCHO
VISTA
ESTATES
Hildy Ln
Rogers Rd
Finley Rd
Sheet 2 of 7
G – Page 198 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
N
Via
M
onte
Vista
W Vereda Sur
Camino Sur
W Via Lola
Cam
ino
M
irasol
W Regal Dr
N
Palm
C
anyon
D
r
OLD LAS
PALM AS
VISTA LAS
PALM AS
W Chino Dr
N
C
alle
Encilia
W Ramon Rd
W Arenas Rd
S
C
alle
Encilia
S
C
ahuilla
R
d
W Alejo Rd
W Merito Pl
Skyline
Trl
E Andreas Rd
O'Donnell
Golf Club
Spa Spring
Palm Springs
Art Museum
Hyatt Palm
Springs
DOWNTOWN
PALM
SPRINGS
HISTORIC
TENNIS CLUB
PALM
SPRINGS
Tahquitz Creek
Tahquitz Creek
S
Belardo
Rd
Belardo
R
d
S
Palm
Canyon
DrEngbacha
Spring
Ruth Hardy Park
Katherine
Finchy
Elementary
School
Desert Regional
Medical Center
THE M OVIE
COLONY
N
Avenida
C
aballeros
E Arenas Rd
N Calle El Segundo
S
C
alle
ElSegundo
N
Calle
Alvarado
E Via Colusa
E Granvia Valmonte
E Saturnino Rd
BARISTO
M IDTOWN
S
C
alle
Palo
Fierro
N Riverside Dr
E Sunny Dunes Rd
S Riverside Dr
E San Lorenzo Rd
WARM SANDS
Tamarisk Rd
Via Miraleste
W T a h q u i t z C a n y o n W a y E Tahquitz Canyon Way V i a A l t a m i r a
Baristo Rd
Ave Palos Verdes
Sheet 3 of 7
G – Page 199 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
E Tachevah Dr
E El Alameda
N
Arquilla
R
d
E Verbena Dr
N
Sunrise
W
ay
Ruth Hardy Park
Katherine
Finchy
Elementary
School
RUTH HARDY
PARK
M OVIE
COLONY
EAST
OASIS DEL
SOL
N
Avenida
C
aballeros
E Amado Rd
E Alejo Rd
N
H
erm
osa
D
r
E Arenas Rd
N
SunsetW
ay
E Park Dr
E Belding Dr
E McManus Dr
Tiffany Cir N
Tiffany Cir S
S
H
erm
osa
D
r
E Via Colusa
Frontage Rd
E Granvia Valmonte
N
C
alle
R
olph
E Saturnino Rd
E Ramon Rd
N
Sunrise
W
ay
S
Sunrise
W
ay
E Tahquitz Canyon Way
Palm Springs
Stadium
BARISTO
SUNRISE
PARKM IDTOWN
Tahquitz Creek
N Riverside Dr
E Sunny Dunes Rd
S Riverside Dr
E San Lucas Rd
E San Lorenzo Rd
Prescott
Preserve
WARM SANDS
N
FarrellDr
N
FarrellD
r
S
FarrellD
r
N
ElC
ielo
R
d
E Andreas Rd
N
Burton
W
ay
N
O
rchid
Tree
Ln
N
Juanita
D
r
E Livmor Ave
Vibe Way
S
C
ivic
Dr
N
M
onterey
R
d
S
ElC
ielo
R
d
E Ramon Rd
Palm Springs
High School
SUNM OR
GATEWAY
S
ElC
ielo
R
d
LITTLE
BEVERLY
HILLS
Tamarisk Rd
Via Altamira
Baristo Rd
Sheet 4 of 7
G – Page 200 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
Tahquitz Creek
S
Via
Salida
W Cr estview Dr
Belardo
R
d
E Morongo Rd
S
M
esa
D
r
S
Palm
Canyon
Dr
S
Palm
C
anyon
D
r
Engbacha
Spring
PARKVIEW
ESTATES
PaliD
r
S
Sierra
M
adre
S
Palm
C
anyon
D
r
Palm Canyon
Resort and Spa
THE M ESA
CANYON
CORRIDOR
PALM
CANYON
S Riverside Dr
E Marion Way
S
Indian
Trl
E Twin Palms Dr
E San Lorenzo Rd
Ace Hotel
DEEPWELL
RANCH
TWIN PALM S
TAHQUITZ
RIVER
ESTATES
BILTM ORE
COLONY
LeiD
r
E La Verne Way
S
C
am
ino
Real
E Sierra Way
S Calle Palo Fierro
Araby
St
E Anza Dr
E Murray Canyon Dr
INDIAN
CANYON
SAHARA
PARK
S
C
a
l
l
e
P
a
l o
F
i e
r
r
o
Sheet 5 of 7
G – Page 201 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
S Cerritos Dr
S Riverside Dr
S
C
alle
M
arcus
E Marion Way
S
C
alle
R
olph
S
Sagebrush
R
d
S
Paseo
de
M
arcia
S
C
alle
de
M
aria
S
Andee
D
r
E Morongo Trl
E Twin Palms Dr
E Mesquite Ave
E Sonora Rd
E San Lorenzo Rd
S
Sunrise
W
ay
E Palm Canyon Dr
Saguaro Palm
Springs
DEEPWELL
RANCH
SONORA
SUNRISE
TWIN PALM S
DEEPWELL
ESTATESBILTM ORE
COLONY
Palm
Canyon
Creek
S
C
am
ino
Real
S La Verne Way
E Sierra Way
S
MadronaDr
EastRd
W
estR
d
San Jacinto Ter
Catalpa Ter
Anza Ter
S
C
aliente
Dr
S
Yosem
ite
D
r
E Anza Dr
E Murray Canyon Dr
S
Toledo
Ave
Indian
Canyons
Golf
Resort -
South
Course
Indian
Canyons
Golf
Resort -
North
Course
ARABY
COM M ONS
INDIAN
CANYON
CANYON
PALM S
S
FarrellD
r
S
Araby
D
r
S
Barona
R
d
S
San
M
ateo
D
r
E Palm Canyon Dr
S
ElC
ielo
R
d
LOS
COM PADRES
Palm
CanyonCreek
Mars St
Southridge
Dr
R
im
Rd
S Barona Rd
Anza Trl
ARABY COVE
Sheet 6 of 7
G – Page 202 of 633
0 0.1 0.20.05 Miles26-01 Pavement Rehab Segments
Palm Springs City Boundary
2026 Rehab Segments Map - City Project 26-01
Airport Center Dr
Kirk Douglas Way
S
ElC
ielo
R
d
E Ramon Rd
Palm Canyon Creek
D
esertW
ay
E Mesquite Ave
E Sunny Dunes Rd
E Camino Parocela
S
C
alle
Santa
C
ruz
E Calle San Raphael
Desert Lakes Dr
Desert Lakes Dr
S
ElC
ielo
R
d
Demuth Park
Seven
Lakes
Country
Club
Tahquitz
Creek
Golf
Resort
M ELODY
RANCH
DEM UTH
PARK
LOS
COM PADRES
Mars St
Southridge
Dr
Venus St E Palm Canyon Dr
RIM ROCK
Mission Dr
C
rossley
R
d
Ramon RdRamon RdE Ramon Rd
Home Depot
Whitewater River
Tahquitz Creek
E Camino Parocela
Law
rence
C
rossley
R
d
San
Luis
R
ey
D
r
S
Vella
R
d
S
W
illiam
s
R
d
E Mesquite Ave Dinah Shore Dr
111
111
Walmart
Supercenter
Lowe's Home
Improvement
M OUNTAIN
SHADOWS
THE
FAIRWAYS
C
ree
R
d
E Matthe w Dr Carey Rd
S
Birdie
W
ay
Lawrence Crossley
Rd
111
LOS
PUEBLOS
TAHQUITZ
CREEK GOLF
Waverly Dr
Brentwood Dr
Baristo Rd
Sheet 7 of 7
G – Page 203 of 633
Attachment C
Construction Agreement
G – Page 204 of 633
Revised 8.9.23 Page 1 of 8
CONSTRUCTION AGREEMENT
MATICH CORPORATION
THIS AGREEMENT made this 10
th day of June, 2026 (“Effective Date”) by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Matich Corporation, a California corporation, hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
1. THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:
2026 PAVEMENT REHABILITATION, CITY PROJECT NO. 26-01
The Work comprises reconstruction and overlay of approximately 2.1 million square feet, in various locations throughout the City of Palm Springs including: recording, preservation and resetting of existing and new survey monuments; pulverization of existing asphalt concrete (AC) pavement; full depth milling of existing asphalt concrete pavement; 2-inch grind and overlays, full AC grind and overlay, unclassified excavation (export); preparation of subgrade; asphalt concrete paving; adjustment of utility manholes, vaults, and water valves to grade; removal and replacement or installation of concrete curb ramps and select gutters; construction of concrete cross gutters; traffic striping and markings; and all other appurtenant work. The work shall be diligently prosecuted to completion before the expiration of 45 working days.
2. COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within 45 working days.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from
G – Page 205 of 633
Revised 8.9.23 Page 2 of 8
Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
3. CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City.
The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is Eight Million Seventy-Two Thousand Seven Hundred Fifty-One Dollars and Twenty-Three Cents ($8,072,751.23).
Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.
4. CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 2, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.
5. MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
6. PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.
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7. NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party.
Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
8. INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.
9. PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation, 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").
Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.
10. CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other considerati on in exchange for obtaining this Agreement.
11. NON-DISCRIMINATION
In connection with its performance under this Ag reement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e ., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifie s that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity,
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including but not limited to the following: employ ment, 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.
12. MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions.
No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsib ility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and Californ ia Public Contract Code which are applicable to this Work.
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 co mpliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (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.
Project Labor Agreement
The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.
Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Exhibit B" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.
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• Subcontractors - Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost. • Condition of Payment - Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.
• Reformation - Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.
• Conflicts - In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.
• Costs of Compliance - Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 13. • Not a Limitation - The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE
CITY OF PALM SPRINGS AND MATICH CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By
Date
Signature
(2nd signature required for Corporations)
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: Item No.
APPROVED AS TO FORM: ATTEST:
By
By
City Attorney City Clerk
APPROVED:
By Date
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
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: Matich Corporation
Date:
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EXHIBIT “B”
LETTER OF ASSENT
A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work.
[Contractor’s Letterhead]
CWA Administrator
City of Palm Springs
Attn: Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Community Workforce Agreem ent – Letter of Assent
City Project No. 26-01
Dear Sir/Madame:
This is to confirm that Matich Corporation agrees to be part to and bound by the City of Palm Springs Community Workforce Agreement effective Month Day, Year, as such Agreement may, from time to time by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractor s of whatever tier to be si milarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.
Sincerely,
[Name of Construction Company]
By: [ ]
Name and Title of Authorized Executive
Contractor State License No.:
Business Address:
Business Phone:
Cc: San Bernardino/Riverside Counties Build ing and Construction Trades Council AFL- CIO
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Attachment D
Contractor's Bid
https://publicportal.palmspringsca.gov/WebLink/
DocView.aspx?id=1457862&dbid=0&repo=CityHall-Primary
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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION IDENTIFYING A PROJECT FOR SENATE BILL 1,
ROAD MAINTENANCE AND REHABILITATION ACCOUNT FUNDS
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Adoption of this resolution will allow the City of Palm Springs to identify a specific project that will be designated as recipients of Senate Bill 1 (SB 1) funding, identified as “The Road Repair and Accountability Act of 2017”. Staff has updated the Capital Improvement Program to include SB1 funds to be budgeted for Fiscal Year 2026-27 Annual Pavement Rehabilitation Project.
RECOMMENDATION:
1) Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A PROJECT FOR FISCAL YEAR 2026-27 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017”.
BACKGROUND:
On April 28, 2017, the Governor signed SB 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system, SB 1 increases the per-gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
Beginning November 1, 2017, the State Controller deposited various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to the Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads systems.
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City Council Staff Report
June 10, 2026 -- Page 2
Adopt a Resolution Identifying Project(s) for SB1 RMRA Funds It is important to note that all new revenues received through the increased gas tax must be dedicated to capital improvement projects and cannot be used for personnel or other administrative costs.
STAFF ANALYSIS:
Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirements for the program are codified in SHC Sections 2034, 2036, 2037, and 2038; several of the key requirements are listed below:
Submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the applicable city council or county board of supervisors at a regular public meeting [SHC 2034(a)(1)].
The list of projects must include the description and location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement [SHC 2034(a)(1)].
For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes the description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvement [SHC 2034(b)].
Staff recommends adopting this resolution, included as Attachment A, identifying the 2026-27 Annual Pavement Rehabilitation Project as an eligible project to receive RMRA funding for Fiscal Year 2026-27.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Fiscal Year 2026-2027 budget, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include:
(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
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City Council Staff Report
June 10, 2026 -- Page 3
Adopt a Resolution Identifying Project(s) for SB1 RMRA Funds FISCAL IMPACT:
Following City Council approval, the Capital Improvement Budget will be updated, reflecting this projected revenue of RMRA Gas Tax Funds for Fiscal Year 2026-27, allowing the City to provide the CTC with the project to be funded by SB 1.
The FY 2026-27 estimated revenue of $1,247,931 will be used to fund the 2026-27 Annual Pavement Rehabilitation Project.
REVIEWED BY:
City Engineer: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
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Attachment A
Resolution
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISC AL YEAR 2026-27 FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Re pair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,247,931 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and
WHEREAS, the City reviews safety concerns and uses a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment and safety; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets, roads, bridges, improve safety, a dd traffic control devices, and add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City's streets and roads are in a "good" condition and this
revenue will help us increase the overall quality of our road system and over the next decade will maintain our streets and roads in a "good" condition; and
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Resolution No. _____
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Palm Springs, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed proj ects will be funded in-part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues:
Project Title: 2026-27 Annual Pavement Rehabilitation Project Project Description: Citywide pavement rehabilitation program.
Project Location: The project will consist of citywide pavement rehabilitation on various arterial, collector, and residential streets throughout the City of Palm Springs. The street list will be determined based on pavement condition index (PCI) data, field evaluations, and available funding.
Estimated Project Schedule: Start (05/27)– Completion (08/27) based on the component being funded with RMRA funds
Estimated Project Useful Life: 15-20 years
PASSED AND ADOPTED by the City Council of Palm Springs, State of California this 10th day of June, 2026, by the following vote:
SCOTT C. STILES, CITY MANAGER
ATTEST:
_ _ _ _ _
BRENDA PREE, CITY CLERK
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Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I , B R E N D A P R E E , C i t y C l e r k o f t h e C i t y o f P a l m S p r i n g s , h e r e b y c e r t i f y t h a t Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 10, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____
B R E N D A P R E E , C I T Y C L E R K
C i t y o f P a l m S p r i n g s , C a l i f o r n i a
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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CASC ENGINEERING AND CONSULTING, INC., A CALIFORNIA
CORPORATION, FOR ON-CALL NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) PROGRAM CONSULTING SERVICES
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This action will approve an on-call professional services agreement with CASC Engineering and Consulting, Inc., to provide a variety of regulatory compliance services associated with the City’s National Pollutant Discharge Elimination System (“NPDES”) program. The on-call agreement will provide services for an initial three-year term, subject to two (2) one-year extensions in an amount not to exceed $1,000,000.
RECOMMENDATION:
1) Approve Professional Services Agreement with CASC Engineering and Consulting, Inc., a California corporation, for on-call National Pollutant Discharge Elimination System NPDES program consulting services for an initial three (3) year term, subject to two (2) additional one (1) year extensions; 2) Appropriate $200,000 from the Community Service Area (CSA) fund for NPDES program consulting services for Fiscal Year 2026/2027; and 3) Authorize the City Manager or designee to execute all necessary documents and execute all task orders that fall under the Agreement Value.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure form for CASC is included as Attachment A.
BACKGROUND:
The Clean Water Act (CWA) establishes the framework for regulating pollutant discharges into U.S. waters and setting surface water quality standards. Originally enacted in 1948
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City Council Staff Report
June 10, 2026 -- Page 2
Approve Agreement to On-Call NPDES Consulting Services
as the Federal Water Pollution Control Act, it was significantly reorganized and expanded in 1972, becoming the CWA.
The CWA prohibits discharging pollutants from a point source into navigable waters without a permit. EPA's National Pollutant Discharge Elimination System (NPDES) controls these discharges from discrete conveyances such as pipes or man-made ditches. Homes connected to municipal systems or using septic systems are exempt, but industrial, municipal, and other facilities discharging directly to surface waters must obtain permits. The CWA also regulates urban runoff from Municipal Separate Storm Sewer Systems (MS4s) under NPDES.
On June 20, 2013, the Colorado River Basin Regional Water Quality Control Board issued Permit Order No. R7-2013-0011 to the City, governing the MS4 network of streets and storm drains conveying runoff to waters including Tahquitz Creek, Palm Canyon Wash, and the Whitewater River. The permit aims to prevent polluted runoff from development projects, industrial facilities, restaurants, and commercial sites from reaching U.S. waters.
The permit requires the City to inspect construction sites, industrial facilities, restaurants, and commercial sites. Inspection frequency is determined by factors such as business type, potential pollutants, compliance history, and proximity to impacted waters. Using Standard Industrial Codes (SIC), businesses are classified as high, medium, or low priority requiring inspections annually, every two years, or every five years, respectively.
On April 7, 2015, the State Water Resources Control Board adopted a Trash Amendment to the permit, requiring all NPDES permittees to eliminate trash discharges into state surface waters. Full compliance, including installation and operation of certified Full Capture Systems or equivalent controls within all priority land-use areas must be achieved by December 2, 2030. As this deadline approaches, the City must maintain consistent implementation and maintenance efforts to meet annual reduction milestones and avoid potential regulatory enforcement.
On June 24, 2021, the City Council approved Agreement No. A8883 with CASC engineering for a 3-year term with two one-year extension options. The last extension of the current Agreement will expire at the end of June 2026.
STAFF ANALYSIS:
To maintain ongoing compliance with NPDES Permit, the City issued RFQ 2026 on March 6, 2026, requesting proposals from qualified firms to provide on-call program support.
Four proposals were received from four qualified consultants by the April 23, 2026, deadline, listed below.
Vendor Name City
CASC Engineering and Consulting, Inc. Colton
NV5 Environmental, LP Irvine
Willdan Engineering Anaheim
WSP USA Inc. Riverside
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City Council Staff Report
June 10, 2026 -- Page 3
Approve Agreement to On-Call NPDES Consulting Services
The Selection Committee selected CASC Engineering and Consulting, Inc. as the top firm. CASC showed a comprehensive understanding of the NPDES program and is able to assist the City by updating policies, perform inspections, ensure BMP and SWPPP compliance, and support staff development. They can also provide quick technical help to multiple City departments to keep related programs coordinated. CASC has a strong history of helping and training local agencies on NPDES requirements in the Whitewater region. CASC’s Response to the RFQ is included in Attachment B.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Public Safety and Community Services.
FISCAL IMPACT:
Funding associated with monitoring for and compliance of the NPDES Program is made available through a special enterprise fund called the Community Service Area 152 (“CSA 152”) Fund, appropriated in Fund 124. Riverside County first established CSA 152 to levy a special tax to generate revenue associated with implementing various programs associated with the NPDES Program; the City annexed into CSA 152 in 1993, to allow for the levy of assessments to offset the City’s costs related to administering its NPDES Program. Expenditures for individual “Task Orders” approved will be encumbered from the CSA 152 fund.
REVIEWED BY:
Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. CASC Proposal
C. Agreement
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Attachment A
CASC Public Integrity Disclosure
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26 PUBLIC I
NTEGRITY 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 othe
r 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 proposal is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Office r Director Member Manager
[name] General Partner Limited Partner
Other
Office r Director Member Manager
[name] General Partner Limited Partner
Other
Office r Director Member Manager
[name] General Partner Limited Partner
Other
Casc Engineering and Consulting, Inc.
1470 E. Cooley Drive, Colton, CA 92324
California
x
Richard J. Sidor x x
x President
Anthony Mistretta x x
x Vice President
Michelle E. Furlong x
Secretary/Treasurerx
36 I – Page 225 of 633
27 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DO
E
[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
Richard J. Sidor
4/23/2026
75 Chris Cummins 25
37 I – Page 226 of 633
Attachment B
CASC Proposal
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Request for Qualifications:
CITY OF PALM SPRINGS
NPDES PROGRAM
CONSULTING SERVICES
RFQ 2026 NPDES
Submitted To:
CITY OF PALM SPRINGS
ENGINEERING SERVICES
DEPARTMENT
3200 Tahquitz Canyon Way
Palm Springs, CA 92262
Digital Submittal Via: PlanetBids
Submittal Date:
April 23, 2026
Submitted By:
CASC ENGINEERING AND
CONSULTING, INC.
MELANIE SOTELO, MSE
ENV SP, CPMSM, CPSWQ, CPESC,
QISP, QSD/P, ToR
PROGRAM MANAGER
1470 E. Cooley Dr.
Colton, CA 92324
[email protected]
C: (909) 835-0313
www.cascinc.com
I – Page 228 of 633
1470 E
. Cooley Drive
Colton, CA 92324
Office: 800.260.2272
2 026-0072 www.cascinc.com
April 23, 2026
City of Palm Springs Selection Committee
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: National Pollutant Discharge Elimination System (NPDES) Program Consulting Services RFQ 2026 NPDES D
ear Selection Committee,
Ca
sc Engineering and Consulting (C asc) is pleased to submit our qualifications in response to the City of Palm Springs’ National Pollutant Discharge Elimination System (NPDES) Program Consulting Services Request for Qualifications. We value the opportunity to continue providing NPDES program consulting services that promote the City’s vision for regulatory compliance, effective program management, and water quality protection in the Whitewater River Region.
Casc is a California S corporation, established in 1993, specializing in NPDES regulatory compliance, MS4 program administration, stormwater inspection programs, technical training, and public education and outreach. Our team is regarded among the leading NPDE S and stormwater consultants in Southern California, including long -term program support for multiple municipal clients in Palm Springs, Cathedral City, La Quinta, and throughout Riverside County.
Our team has specialized in all elements of municipal NPDES program delivery: multi- agency MS4 permit administration, technical, scientific, and policy advisory, compliance support for federal and state mandates, integrated inspection programs (construction, commercial, industrial, municipal, and food facility), and robust data management and reporting. Our credentialed staff have conducted thousands of MS4 and NPDES inspections across the Coachella Valley and possess strong working relationships with City, County, and regional agency counterparts. All key staff hold at least one of the following credentials: PE, CPSWQ, CPMSM, CPESC, CESSWI, QSD, QSP, or QISP.
Casc has proudly served the City for ten years and understands the City’s priorities and compliance goals , the transition from the former Compliance Assistance Program, the operational and regulatory complexity of the current Whitewater River Region MS4 permit, compliance assistance with the new Permit requirements, and the need for proactive solutions to minimize compliance risk and maximize water quality outcomes. We provide a seamless approach to MS4 and NPDES programs, integrating inspection, public outreach, staff training, data management, and regulatory reporting to meet and exceed the City’s obligations.
We align our proposal with the City’s stated evaluation criteria: demonstrated experience with municipal NPDES and MS4 permit program consulting, proven staff credentials, deep technical knowledge, understanding of Coachella Valley regional issues, and readiness to deliver responsive, on-call service. Previous on-call clients have relied on C asc’s ability to partner effectively, resolve complex regulatory issues, and provide expert support tailored to their local context.
Casc takes no exception to the language in the RFQ documents and the attached sample agreement, including the insurance requirements. We understand and accept all scope and procedural requirements as presented in RFQ 2026 NPDES. All contents of this proposal remain valid for 120 calendar days from the submittal deadline.
1. TRANSMITTAL LETTER
Casc has served as the City’s NPDES
Program Consultant for 10 years,
providing direct experience with the
City’s regulatory framework, inspection
program, and reporting requirements.
1 I – Page 229 of 633
1470 E
. Cooley Drive
Colton, CA 92324
Office: 800.260.2272
2 026-0072 www.cascinc.com
Casc is prepared to continue delivering seamless, responsive NPDES program services to the City and support ongoing regulatory compliance without disruption , and welcome your questions during the evaluation and negotiation process.
Authorized Negotiator:
Melanie Sotelo, M.S.E., CPMSM, CPSWQ, QISP, QSD
Director – Environmental Services
Casc Engineering and Consulting
1470 E Cooley Drive
(909) 835-0313
[email protected]
S
incerely,
Casc Engineering and Consulting
Melanie Sotelo, MSE
Associate Vice President (Authorized to bind the firm)
(909) 8
35-0313
[email protected]
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
A.1 DESCRIPTION OF NPDES SUPPORT SERVICES
Casc Engineering and Consulting has provided NPDES program support and regulatory compliance services to public sector clients since 1993. With over 30 years of experience, Casc specializes in MS4 permit compliance, stormwater program administration, facility inspections, illicit discharge detection and elimination (IC/ID), and municipal staff training.
Casc exceeds the RFQ requirements and provides a fully integrated approach aligned with the City of Palm Springs’ Scope of Work. Our core services include:
• MS4 program development and permit compliance
• Inspection services for construction, commercial, industrial, restaurant, and municipal facilities • IDDE investigations, enforcement, and reporting
• Annual MS4 reporting, documentation, and GIS based compliance tracking systems • Program funding support, including fee studies, cost recovery, and grant assistance • Staff training, public outreach, and stakeholder coordination Casc’s approach is built on integration, responsiveness, and regulatory certainty. We provide on -call support with rapid deployment capability, including same-day response for urgent compliance issues and field investiga- tions. Our team combines policy expertise, technical knowledge, and field implementation to ensure that all program elements, from inspections to reporting, function as a cohesive system.
Unlike firms that provide isolated services, Casc delivers a fully managed program, allowing the City to maintain continuous compliance while minimizing administrative burden on City staff.
A.2 SUBCONSULTANT FIRMS
Casc will serve as the prime consultant and provide the majority of services in -house through our experienced NPDES program team.
To supplement specialized program needs, Casc has partnered with Craftwater Engineering, Inc., a California - certified Disabled Veteran Business Enterprise (DVBE). Craftwater will support targeted efforts including grant funding, TMDL Analysis (if needed), and regulatory/policy analysis. This partnership enhances the City ’s access to specialized expertise while maintaining a streamlined and efficient project structure. Casc will manage all sub- consultant activities and serve as the City ’s single point of contact, providing seamless coordination and ac- countability across all program elements .
A.3 FIRM EXPERIENCE PROVIDING NPDES PROGRAM CONSULTING SERVICES Casc provides comprehensive NPDES and MS4 program services for municipalities across Southern California, including program administration, inspections, reporting, and regulatory coordination:
City of Palm Springs, CA – Municipal Stormwater Program Management:
Casc serves as the City’s Consultant Stormwater Program Manager, administering all elements of the City’s MS4 permit program, with an on-going outcome of MS4 Permit compliance. Responsibilities include:
• Construction, commercial, industrial, restaurant, and municipal inspections • LID implementation guidance and Trash Amendment compliance • Desert Task Force representation, Annual MS4 reporting and IC/ID investigation and reporting • GIS-based database management using ArcGIS tools for tracking and reporting The team conducts inspections for more than 450 commercial/industrial facilities and maintains a GIS -based SECTION A: FIRM/SUBC ONTRACTORS QUALIFICATIONS AND EXPERIENCE INCLUDING
REFERENCES
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
tracking system to support regulatory compliance and reporting. Casc ’s ongoing management of the City ’s pro- gram has ensured continuous compliance, streamlined inspection workflows, and maintained readiness for Re- gional Board audits.
City of Indio, CA – MS4 Permit Program Management and Compliance Services: Casc provided end-to-end NPDES program development, management, and inspection services, with an outcome of MS4 Permit compliance. Re- sponsibilities included:
• Food service, hazardous materials, commercial/industrial, and construction inspections • Preparation of technical documents and annual reports • Regulatory training, public outreach, and Whitewater Region compliance audit support Casc streamlined the City ’s inspection workflow and supported successful regulatory outcomes during both desktop and field audits.
City of Hemet, CA – MS4 Inspection Program Implementation: Casc led NPDES program implementation, program management, and on-call consulting services for the City, with an outcome of MS4 Permit compliance. Responsi- bilities included:
• Commercial, industrial, food service, and hazardous materials facility inspections (approximately 400 facili- ties)
• Staff training and ongoing program support
• Development of GIS-based inspection and compliance tracking databases • Annual MS4 reporting and regulatory documentation
Casc prioritized inspections based on risk category, maintained current facility compliance status, and supported the City through regulatory audits and reporting. This approach improved inspection efficiency and ensured con- sistent compliance with MS4 permit requirements.
Palm Desert, CA – MS4 Permit Inspections and Audit Preparation: Since 2021, Casc has provided Palm Desert with ongoing NPDES inspection services, with an outcome of MS4 Permit compliance. Services include:
• Commercial, industrial, restaurant, and construction inspections • Enforcement coordination and regulatory reporting
• Audit preparation and post-audit response
• Assisted City through successful Regional Board MS4 Program audits by managing pre -audit strategy and post-audit reporting.
A.4 FIRM’S FAMILIARITY WITH WORKING IN THE COACHELLA VALLEY Casc has extensive experience within the Coachella Valley and the Whitewater River Region MS4 Permit, includ- ing direct program management for Palm Springs and other regional agencies.
The team understands the conditions of the desert environment, including infrequent but intense storm events, long dry periods, and the importance of source control and public outreach.
Casc’s region-specific approach includes:
• Seasonal inspection scheduling aligned with wet and dry weather priorities • Active participation in the Desert Task Force and regional coordination efforts • Ongoing collaboration with CVWD, Riverside County Flood Control, and wastewater operators • Development of LID, BMP, and Trash Amendment compliance strategies tailored to desert conditions Because Casc is already embedded within the region ’s regulatory framework, we provide the City with immedi- ate continuity, institutional knowledge, and zero learning curve. This integrated, region -specific approach en- sures efficient, practical, and sustainable NPDES program management for desert municipalities. 4 I – Page 232 of 633
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
A.5 INFORMATION AND REFERENCES REQUESTED IN SECTION 2.2B Firm Experience: Casc has more than 20 years of direct experience supporting municipal NPDES programs and MS4 management, consistently meeting qualification criteria for scope and complexity.
Project References:
A.6 ADDITIONAL INFORMATION DEMONSTRATING THE QUALITY OF WORK FOR REFERENCES PROVIDED Casc’s work reflects a consistent focus on reliability, efficiency, and regulatory performance:
• Regulatory Audit Support and Successful Outcomes: Casc has helped City clients such as Palm Desert achieve regulatory success during MS4 audits by proactively preparing documentation, offering insights on compli- ance focus areas, and ensuring audit findings reflect program strengths. • Customized Digital Solutions: For several cities, Casc has designed, tested, and implemented GIS-enabled inspection databases and digital reporting platforms, allowing for real-time inspection data, rapid reporting, and ease of regulatory review–demonstrated through our work for Palm Springs, Hemet, and Indio. • Rapid Response: Casc guarantees same-day emergency inspection or incident response, minimizing down- time and ensuring compliance continuity for our municipal partners. • Staff Credentials and Professional Standing: Our project managers and technical leads hold advanced storm- water credentials and have served as third-party trainers and thought leaders in professional organizations such as CASQA. This expertise ensures that Casc’s delivered materials, inspections, and reporting consistent- ly meet, and often shape, regulatory expectations in Southern California.
Casc brings current experience managing programs under the same regulatory structure described in this RFQ, providing continuity and reduced transition risk for the City.
Agency Project Contact Person / Information Services Provided City of
Palm Springs
NPDES Program
Management
Rick Minjares, Engineering Associate
3200 E Tahquitz Canyon Way, Palm
Springs, CA 92262
(760) 322-8253
[email protected]
Full MS4 program administration
including inspections, IDDE, annual
reporting, Desert Task Force coordi-
nation, and GIS based compliance
tracking.
City of
Palm Desert
MS4 NPDES
Permit Inspec-
tions and Sup-
port Servies
Melanie Perry, Senior Mgmt Analyst
73-510 Fred Waring Dr, Palm Desert,
CA 92260
(760) 776-6424
[email protected]
Commercial, industrial, restaurant,
and construction inspections,
enforcement coordination,
reporting, audit support,
and compliance tracking.
City of
Hemet
MS4 NPDES
Program Imple-
mentation
Daniel Cortese, Mgmt Assistant
445 E. Florida Avenue, Hemet, CA
92543
(951) 765-3712
[email protected]
MS4 program management including
inspection of 400 facilities, reporting,
staff training, and GIS based compli-
ance tracking.
City of Indio
MS4 Permit
Inspections and
Audit Support
Services
Sara Toyoda, Env Programs Coord
100 Civic Center Mall, Indio, CA 92001
(760) 625-1815
[email protected]
NPDES compliance services including
inspections, database management,
reporting, training, and audit sup-
port services.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
SECTION B: STAFF/TEAMS QUALIFICATIONS AND EXPERIENCE INCLUDING REFERENCES B.1 DESCRIPTION OF STAFF ALLOCATION
Casc Engineering and Consulting proposes a multidisciplinary team structured to deliver NPDES program services under this on call agreement with direct access to senior staff and rapid response capability.
Melanie Sotelo will serve as Program Director, providing overall program oversight, regulatory guidance, and representation at Desert Task Force and Regional Board meetings. Joyce Goode will serve as Project Manager and primary point of contact, overseeing inspections, scheduling, and compliance activities. Samantha Jimenez will serve as Assistant Project Manager, supporting coordination, quality control, and field team assignments.
This structure provides immediate response and consistent coordination across all program elements. Sup- porting staff include a senior inspector, field inspectors, a WQMP and senior engineer, and a GIS specialist to address inspection, database management, training, and outreach needs. Staff assignments are aligned with seasonal inspection demands and adjusted as task orders are issued.
Craftwater Engineering will support specialized services including grant applications, fee studies, and review of permits and TMDLs, including evaluation of regulatory impacts and preparation of materials for City staff and stakeholders.
B.2 AVAILABILITY OF RESOURCES
Casc maintains a robust bench of NPDES -trained professionals across its Southern California offices. The firm currently employs over 70 professionals across three Southern California offices, providing surge capacity, spe- cialized expertise, and backup coverage without delay.
For this on-call agreement, Casc commits to the following resource availability standards:
• Immediate Response: The Program Manager and Project Manager are reachable by phone, text, or email at all times during normal business hours, with same-day response protocols for urgent City needs such as illic- it discharge investigations or enforcement actions.
• Inspection Capacity: Casc currently provides inspection services for over 415 commercial, industrial, and res- taurant facilities across the Coachella Valley, demonstrating proven capacity to absorb Palm Springs' inspec- tion demands within existing workflows.
• Scalable Support Staff: A core team of six primary staff members is designated for Palm Springs, with an addi- tional ten team members available on an on-call basis to accommodate workload peaks, seasonal inspection cycles, or special project requests.
• Bilingual Inspectors: Casc employs Spanish-speaking inspectors to ensure that inspection program require- ments are effectively communicated to non-English-speaking businesses, directly addressing the City's stat- ed need in the RFQ.
• Technology-Enabled Field Operations: Inspectors utilize ArcGIS Field Maps, Survey123, and mobile platforms for real-time data collection, enabling the Project Manager to review field findings and report to the City without delay.
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
B.3 LIST OF KEY STAFF
Casc offers a highly qualified team of professionals designed to assist the City with NPDES program support ser- vices. The proposed key team members and support staff are particularly well -suited for this work given their extensive experience in the stormwater industry, their familiarity with state and federal regulations, and their current work performing similar duties for many local agencies.
Melanie Sotelo, M.S.E., ENV SP, CPMSM, CPSWQ, CPESC, QISP, QSD/P, ToR CGP brings over 35 years of NPDES stormwater program management experience. She has served as contract NPDES Program Manager for River- side County and currently serves as MS4 Program Manager for the City of Palm Springs. She has completed more than 30 individual projects and contracts involving NPDES activities comparable in scope to this engage- ment.
Joyce Goode, CPESC, QSD/P brings over 25 years of focused NPDES permit compliance experience. She is an ex- pert in the Industrial General Permit, Construction General Permit, and MS4 Permits. She is the current Project Manager for the City, as well as the Project Manager for several municipalities in Riverside, San Bernardino, Or- ange, and Los Angeles County.
Samantha Jimenez, QSP, QISP brings extensive knowledge of California's NPDES Construction, Municipal (MS4), and Industrial permits. She currently assists several municipalities in the Whitewater River Region for coordina- tion, quality control, and team support of commercial, industrial, and construction inspections, as well as ICID investigations.
Michael Gentile, P.E., QSD/P. Michael is the Project Manager for the current WQMP and plan check work with the County of Riverside and conducts plan checks and peer reviews for the Riverside County EDA. He is also the primary author of, and trainer for, the WQMP Training courses for the SAR and WWR watersheds. He is current- ly assisting the City with Trash Amendment compliance.
Joe Rosales, CPMSM, CESSWI, QSP, QISP brings over 22 years of regulatory experience for municipal programs.
His expertise also includes regulatory requirements of industrial and commercial facilities throughout Riverside County.
Roberto Morales, CPESC, QSD. Roberto has extensive experience in regulatory inspections for ICIDs, construc- tion, and industrial and commercial facilities in cities throughout Riverside County, including several years in Palm Springs.
Name Role Years of
Experience
Years with
Casc Key Credentials
Melanie Sotelo,
M.S.E. Program Director 35+ 20 ENV SP, CPMSM, CPSWQ,
CPESC, QISP, QSD/P, ToR CGP
Joyce Goode Project Manager 25+ 10+ CPESC, QSD/P
Samantha Jimenez Assistant Project
Manager 4+ 4+ QSP, QISP
Michael Gentile, P.E. Technical Advisor/
Senior Engineer 33+ 15+ P.E.
Joe Rosales Senior Environmen-
tal Analyst 22+ 10+ CPMSM, CESSWI, QSP, QISP
Roberto Morales Senior Inspector 21+ 11+ CPESC, QSD/P
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
B.4 ORGANIZATIONAL CHART
The organizational structure below illustrates CASC's proposed team hierarchy for this on-call NPDES agreement.
The team is led by a Technical Director providing program -level oversight, supported by a Project Manager and Assistant Project Manager under a parallel management model. All field, engineering, GIS, and database support functions report through this management structure.
The team holds a comprehensive portfolio of professional credentials including ENV SP, CPMSM, CPSWQ, CPESC, CESSWI, QISP, QSD/P, QSP, P.E., GIT, and ToR designations, ensuring that all inspection, engineering, and regula- tory activities are performed by appropriately credentialed personnel.
CITY OF
PALM SPRINGS
PROGRAM DIRECTOR
MELANIE SOTELO, MSE,
ENV SP, CPSWQ, CPMSM,
CPESC,QISP, QSD/P, ToR
PROJECT MANAGER
JOYCE GOODE, CPESC, QISP,QSD
ASSISTANT PROJECT MANAGER
SAMANTHA JIMENEZ, QISP,QSP
TECHNICAL ADVISOR
MICHAEL GENTILE, P.E., QSD/P
SR. INSPECTOR/ENGINEER
ROBERTO MORALES, CPESC,
QSD/P, HAZWOPPER
SR. ENVIRONMENTAL
ADVISOR
JOE ROSALES, CPMSM, CESSWI,
QSP, QISP, EVN GRADE I
SUPPORT STAFF
CHRIS SIDOR, P.E., CESSWI, CESCL, QSD/P, sUAS
CHRIS OGAZ, P.E., CPESC, QSD/P, ToR
DAN SECRIST, CPESC, CESSWI, QSD/P, ToR
DIANNE LAURILA, ENV SP, CPSWQ, QISP, QSD/P
SHANNA DELGADO, GIT, CESSWI, QSP
ERIC TAYLOR, CESSWI, QSP, EVN GRADE I
BRIAN TAYLOR, CESSWI, QSP, QISP
LOUIS FLORES, CESSWI, QISP, QSQ/P
JASON SOTELO, sUAS, QSP
CORAL FENECH, GIS SPECIALIST
SUBCONSULTANT FIRM
BRAD WARDYNSKI, PE
BRIANNA DATTI, MS
Additional Support Staff Available
Additional Support Staff Available
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
LIST OF LICENSES AND CERTIFICATIONS
The Casc team holds professional registrations and/or credentials that attest to their knowledge, skills, and abili- ties so that the City can have exceptional confidence in the team.
NAME PE ENV SP GIT CPMSM CPSWQ CPESC CESSWI QSD QSP QISP ENV GRADE 1 TOR sUAS
Melanie Sotelo 49531 406 913 5693 00225 00225 00685
Joyce Goode 8448 25905 25905
Michael Gentile 58953 01162 01162
Samantha Jimenez 83996 1499
Joe Rosales 219 1223 00419 1316 2074119
Roberto Morales 8444 25898 25898
Chris Sidor 90500 5094 27199 27199 4030250
Chris Ogaz 85473 6693 22295 22295
Dan Secrist 2719 173 00183 00183 00110
Dianne Laurila 49651 1099 26080 26080 01019
Shanna Delgado 936 5727 27561
Eric Taylor 10600 28589 1308236878
Brian Taylor 8126 28241 01317
Louis Flores 4940 26490 00940
Jason Sotelo 84864 5146620
Licenses and Certifications
PE – Professional Civil Engineer
RLA – Registered Landscape Architect
PG – Professional Geologist
GIT – Geologist in Training
BCEE – Board Certified Environmental Engineer
CPMSM – Certified Professional in Municipal Stormwater Management CPSWQ – Certified Professional in Storm Water Quality
CPESC – Certified Professional in Erosion and Sediment Control CESSWI – Certified Erosion Sediment and Storm Water Inspector QSD – Qualified SWPPP Developer
QSP – Qualified SWPPP Practitioner
QISP – Qualified Industrial Stormwater Practitioner
Env Grade 1– Environmental Compliance Inspector Grade 1 TORcgp – Construction General Permit Trainer-of-Record
sUAS - FAA Certified Pilot for Small UAS (Drones)
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
B.5 INFORMATION ON RELATED PROJECTS
The Casc team brings directly relevant project experience that positions them as uniquely qualified for this con- tract. The following highlights demonstrate the depth and specificity of key staff experience aligned with the City of Palm Springs' NPDES program needs:
CITY OF PALM SPRINGS – STORMWATER PROGRAM MANAGEMENT SERVICES (2016–PRESENT) Casc serves as the City of Palm Springs Storm Water Program Manager, responsible for management and imple- mentation of the City's stormwater program. Melanie Sotelo leads as NPDES Program Director, Joyce Goode serves as Project Manager. Services include commercial, industrial, construction, and municipal inspection pro- grams; IDDE investigation and reporting; NPDES training; LID implementation guidance; Desert Task Force coor- dination; Trash Amendment compliance; MS4 annual reporting; and Whitewater River MS4 Permit renewal efforts. Casc developed a GIS database to organize, prioritize, and track inspections and created electronic in- spection reports for digital documentation.
CITY OF PALM DESERT – MS4 PERMIT INSPECTIONS AND NPDES SUPPORT SERVICES (2021–PRESENT) Since 2021, Joyce Goode has led Casc's provision of Palm Desert NPDES inspection services, including restaurant, commercial, industrial, and low-priority construction site inspections in accordance with Whitewater River Re- gion MS4 Permit requirements. Casc compiled priority lists using SMARTS database WDID information, assisted with an official Regional Board audit of Palm Desert's MS4 Program in Spring 2023, and provided real-time guid- ance during the audit to keep the process focused on the City's program strengths and compliance achieve- ments.
CITY OF INDIO – NPDES COMPLIANCE SERVICES
Melanie Sotelo, Joyce Goode, Shanna Delgado, Joe Rosales, and the full Casc support team provided compre- hensive NPDES compliance services to the City of Indio within the Whitewater River Region, covering commer- cial, industrial, construction, and municipal facility inspections, GIS database management, annual reporting, and IC/ID investigations—services directly parallel to those required under this Palm Springs agreement.
CITY OF HEMET – NPDES INSPECTION SERVICES AND STORMWATER PROGRAM MANAGEMENT SUPPORT (2013- 2021)
Casc conducted inspections of approximately 400 commercial, industrial, food, and hazardous waste facilities over eight years, prioritizing inspections based on business type and prior compliance history. Casc also pre- pared annual reports, updated Facility Pollution Prevention Plans, and worked closely with City staff to facilitate data collection and cost efficiencies —demonstrating the long -term program management continuity that Palm Springs requires.
RIVERSIDE COUNTY – NPDES TRAINING SERVICES (2004–PRESENT) Casc has served as a training consultant to the Riverside County Municipal Stormwater Management Program continuously since 2004, covering all three NPDES permits in the county—the Whitewater River, Santa Ana Riv- er, and Santa Margarita River watersheds—developing course content, conducting training sessions, and coordi- nating delivery with the District. This experience directly informs the annual training program Casc will provide to City of Palm Springs staff under this contract.
VENTURA COUNTYWIDE WATERSHED MANAGEMENT—PROGRAM SUPPORT (2022–PRESENT) Craftwater led the development Watershed Management Programs (WMPs) for all Ventura County MS4 Per- mittees, covering five watersheds. Craftwater focused efforts on development of an RAA that was right-sized to the local conditions, and delineated actionable and affordable control measures for MS4 Permit required reduc- tions. This was accomplished by using the latest watershed science and modeling by leveraging minimum control measures and identifying pathways to compliance.
* Resumes to follow this section
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CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
MELANIE SOTELO, MSE, ENV SP,
CPMSM, CPSWQ, CPESC, QSD/P,
QISP, TORCGP
PROGRAM DIRECTOR
Ms. Sotelo has more than 35 years of experience in
NPDES stormwater program management, includ-
ing over 20 years focused on municipal programs. She has extensive knowledge of California ’s NPDES Construction, Municipal (MS4), and Industrial permits, as well as statewide Trash Amendments.
She has presented at CASQA Stormwater Training workshops and led field-based training sessions, providing guidance on inspection imple- mentation, compliance activities, and regulatory coordination. Ms.
Sotelo has supported municipal compliance efforts across the Santa Ana River and Whitewater River watersheds and has worked extensive- ly with the State Water Resources Control Board and Regional Boards.
Her experience includes development of municipal programs, coordina- tion with regulatory agencies, and preparation of compliance documen- tation. She also contributed to the City of El Monte’s Green Streets Poli- cy and LID Ordinance in compliance with MS4 requirements.
RELEVANT EXPERIENCE:
City of Palm Springs Stormwater Program Manager: Under Casc’s ongo- ing contract with the City of Palm Springs, Ms. Sotelo supports the City’s Stormwater Program, as an extension of City staff. She provides strategic guidance to ensure compliance with the City ’s MS4 Permit and Statewide Trash Amendments within the Whitewater River Water- shed. Her role includes oversight of construction and commercial/ industrial inspections, municipal staff training, policy and ordinance review, WQMP implementation, and IC/ID investigations. Ms. Sotelo has also represented the City at Desert Task Force Meetings, sup- porting preparation efforts for the upcoming permit reissuance and broader regional compliance coordination.
City of Cathedral City and La Quinta: Casc is currently under contract with the cities of Cathedral City and La Quinta to provide NPDES inspec- tion services. Ms. Sotelo serves as the Project Manager for both agen- cies and is responsible for oversight and resources related to meeting inspection requirements per the WWR MS4 Permit. Ms. Sotelo remains responsible to verify Inspections are completed in a manner that re- mains compliant with both MS4 Permit requirements and coronavirus pandemic restrictions.
Riverside County Transportation Department NPDES Coordination and Stormwater Program Support Services: Casc is currently under contract with County Transportation to provide Stormwater Program Management Assistance Services. Ms. Sotelo served as Transportation Department’s Interim NPDES Coordinator, provided training to the current NPDES Coordination and continues to provide NPDES support to staff on the implementation of County ’s three NPDES MS4 Per- mits. Ms. Sotelo is currently representing the Santa Ana River Watershed on the Public Information and Education Subcommittee , attend Co -Permittee TAC meetings and upcoming Permit negotiations. Ms.
Sotelo is also overseeing planning and mapping activities related to the Statewide Trash Amendments.
YEARS OF EXPERIENCE:
37+ Years
EDUCATION:
• M.S. Engineering -
Environmental Systems/
University of California
Riverside, CA
• B.S. with Honors/
Environmental Science/
University of Phoenix, AZ
PROFESSIONAL
CERTIFICATION/AFFILIATIONS:
• CASQA Board of Directors
(2021-Present); Executive
Program Committee (2014-
Present); Co-Chair
Construction Subcommittee
• International Erosion Control
Association, Western Chapter
(2018 - Present) – Director,
Past President
• Envision Sustainability
Professional (ENV SP) No.
49531
• Certified Professional in Storm
Water Quality (CPSWQ) No.
913
• Certified Professional in
Erosion and Sediment Control
(CPESC) No. 5693
• Certified Professional in
Municipal Stormwater
Management (CPMSM) No.
406
• California Stormwater Quality
Association - Trainer of
Record, Construction
General Permit
• California Stormwater Quality
Association - Qualified SWPPP
Developer and Qualified
SWPPP Practitioner (QSD/P)
Certification No. 225
• California Stormwater Quality
Association - Qualified
Industrial Stormwater
Practitioner (QISP)
Certification No. 685
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CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
JOYCE GOODE, CPESC,
QISP, QSD/P
PROJECT MANAGER
Ms. Goode has over 25 years of
experience in the civil engineering and
consulting industry, with work on projects
as diverse as multi -phased residential
developments to utility projects. Her
experience as a water quality consultant has led to an
understanding of all key phases of development.
For the past 10 years, Ms. Goode ’s career has been focused on NPDES permit compliance and she is an expert in the Sanitary Sewer, Industrial General Permit, Construction General Permit, and MS4 Permits. Ms. Goode assists multiple municipalities on managing compliant programs. She is currently leading teams in the development of GIS -based applications for management of compliance activities to meet the requirements of MS4 Permits.
RELEVANT EXPERIENCE:
NPDES Inspections, City of Palm Springs: Ms. Goode is the Assistant Project Manager for the NPDES inspection program for the City of Palm Springs. She organizes and utilizes resources to complete tasks to comply with regulatory requirements for all Riverside County MS4 Whitewater River Region compliance-related inspections: commercial, industrial, municipal, IC/ID and construction. She uses local, state and federal databases to identify sites that meet the criteria for inspections under current permitting requirements. Ms. Goode also provides oversight for all inspection staff and program activities. As part of the inspection program, Ms. Goode has assembled and leads a team in the development of a fully interactive inspection program using GIS software. The interactive program integrates GIS -based applications for the collection/editing of map data and form data for all inspections. She works regularly with City staff to provide inspection updates, recommendations regarding NPDES compliance, and reporting data. Ms. Goode develops innovative training classes for the field and classroom environments to educate City and consulting staff on NPDES-related topics.
Commercial/Industrial Inspections, Cathedral City: Ms. Goode was the Assistant Project Manager for the NPDES inspection program for Cathedral City. She attended and led kick -off meetings and progress meetings as needed via conference calls or web based communication platforms. Ms. Goode assisted in the review of the City ’s Annual Reports during the contract term. She also assisted the City ’s NPDES coordinator in identifying commercial and industrial businesses within the City ’s jurisdiction that meet inspection criteria per the MS4 Permit and SWMP. Ms. Goode provided oversight of all inspections and provided updates to the City. She informed the City of potential or immediate threats to water quality.
She managed the project budget and prepared monthly progress reports to the City.
Commercial/Industrial Inspections, City of La Quinta: Ms. Goode is Assistant Project Manager for the NPDES inspection program for the City of La Quinta. Ms. Goode evaluated facilities within the City ’s jurisdiction to determine if the facilities met the inspection criteria per the MS4 Permit and SWMP. She updated the City ’s inspection inventory with new commercial and industrial businesses and provided recommendations for existing facilities. She also works with the City ’s NPDES Coordinator to determine which facilities are compliant with the current Permit inspection frequency and which facilities need additional inspections. Ms. Goode developed a 3 -year inspection schedule for all inventoried facilities and provides oversight of all inspections
YEARS OF EXPERIENCE:
25+ Years
EDUCATION:
B.S./Environmental Geology /
California State University/ San
Bernardino, CA
PROFESSIONAL
REGISTRATIONS/AFFILIATIONS:
• Certified Professional in
Erosion and Sediment Control
(CPESC) No. 8448
• California Stormwater Quality
Association - Qualified SWPPP
Developer and Qualified
SWPPP Practitioner (QSD/P)
Certification No. 25905
▪ California Stormwater Quality
Association - Qualified
Industrial SWPPP Practitioner
(QSIP) Certification No. 01315
12 I – Page 240 of 633
CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
Commercial/Industrial Inspections, City of Temecula: Ms. Goode is the Project Manager for the Commer- cial and Industrial facilities inspection program for the City of Temecula. She has developed inspection standards that comply with the Riverside County MS4 Permit Santa Margarita Region, the Santa Marga- rita Watershed Water Quality Improvement Plan, and the City ’s Jurisdictional Runoff Management Plan (JRMP). Ms. Goode utilizes City databases and GIS software to construct a 5-year inspection program for over 4,000 facilities. As part of the program, Ms. Goode also analyzes the activities of each facility and its proximity to a 303(d)/TMDL listed waterbody to provide recommendations to the City to assist in identi- fying High Priority facilities . Ms. Goode has field trained City staff and crews on inspection procedures and minimum BMP standards as specified by regulatory requirements. She develops the inspection teams and schedules. Ms. Goode also works with City staff to provide updates on field investigations and reporting data.
Commercial/Industrial Inspections, City of Hemet: Ms. Goode is the Assistant Project Manager for the NPDES Inspection program for the City of Hemet. She works closely with the City’s NPDES coordinator to identify commercial and industrial businesses within the City ’s jurisdiction that meet inspection criteria per the Riverside County Phase I MS4 Permit Santa Ana Region and Drainage Area Management Plan.
Ms. Goode has also assembled a team to develop a GIS -based interactive inspection program that is used by both consulting and City staff. The interactive program has also been designed to be compatible with the City ’s database system. She uses map data and form data collected during the inspections to develop future inspection programs for the City. Ms. Goode develops webinar training programs tailored specifically for the City’s inspection program. She provides field training for consulting and City staff.
Commercial/Industrial and FOG Inspections, City of Montclair: Ms. Goode is the Project Manager for the NPDES Inspection program for the City of Montclair. She works with the City ’s NPDES coordinator to identify commercial and industrial businesses within the City ’s jurisdiction that meet inspection criteria per the San Bernardino County Phase I MS4 Permit Santa Ana Region. Ms. Goode trains and assists staff in using the County’s stormwater management software to complete inspections and review compliance history of facilities. She also provides oversight for FOG inspections to ensure compliance with the City ’s FOG Program.
NPDES Compliance Services, City of Pomona, CA Ms. Goode serves as the Assistant Project Manager for the City of Pomona’ NPDES Compliance Services. She works in close coordination with City staff to iden- tify facilities within the jurisdiction that meet inspection criteria under the San Bernardino County MS4 Phase I Permit (Santa Ana Region). She supervises a team of inspectors responsible for conducting Com- mercial and Industrial inspections, construction inspections, Fats Oils and Grease (FOG) Inspections and also responds to Illicit Connection/Illegal Discharge (IC/ID) emergency incidents, and regularly provides the City with updates on field investigations and reporting data. 13 I – Page 241 of 633
CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
SAMANTHA JIMENEZ, QISP,
QSP
ASSISTANT PROJECT MANAGER
Ms. Jimenez joined Casc Water Quality
Department in December 2021. She is currently
in the process of obtaining her certification for
the QSP certification. Ms. Jimenez is actively involved with Casc ’s stormwater group, providing commercial industrial inspections, on - call illicit connection/illegal discharge response services, and construction site SWPPP inspections on SCE and homebuilding projects. She educates business owners, industrial business owners and managers, construction site operators, and private homeowners about proper stormwater pollution prevention measures.
RELEVANT EXPERIENCE:
NPDES Support Services, City of Palm Springs/ City of Palm Desert/ City of Indio:
Ms. Jimenez is the Assistant Project Manager for these projects. She provides training and oversight of the NPDES program. Ms. Jimenez actively assists in field work for all inspection program elements of the Permit. She conducts inspections of Commercial -Industrial Facilities Sites to determine compliance with city stormwater ordinances. She has evaluated businesses, restaurants, and commercial/industrial facilities for proper stormwater pollution prevention measures. She recorded field inspection data and submitted findings to the responsible parties. She educated the responsible parties on suitable stormwater pollution prevention housekeeping. measures and followed up on re-inspection if necessary.
She communicates with City staff to provide updates and attends meetings as needed both in person and via web based communication platforms.
NPDES Support Services, City of Palm Desert:
Ms. Jimenez is the Assistant Project Manager, supporting the coordination and oversight of project tasks. She organizes and conducts inspections for HOAs, drainage structures, ICIDs, construction sites, and commercial and industrial facilities, verifying compliance with State and City stormwater ordinances. She evaluates stormwater pollution prevention measures, records inspection data, educates responsible parties, and conducts follow -up inspections as needed. Ms. Jimenez also communicates regularly with City staff, providing updates and attending meetings both in person and via web -based platforms.
Commercial / Industrial Facility Inspections, Cathedral City:
Ms. Jimenez assists with Project Management and Commercial/Industrial Inspections for the NPDES inspection program in Cathedral City. She conducts weekly inspections of facilities, conducts follow -up inspections when necessary, and provides oversight for other inspectors. She works regularly with City staff to send weekly status updates.
NPDES Inspections, City of Rialto, CA:
Ms. Jimenez is the Assistant Project Manager for the NPDES inspection program in the City of Rialto. She oversees the inspection staff and the various program activities. Additionally, she prepares Notice of Termination reports, Annual Reports, and Change of Information reports. She assists the City by directly coordinating invoicing with business owners and manages weekly budget and facility tracking spreadsheets.
Traditional Construction Site Inspections, D R Horton:
Ms. Jimenez has conducts inspections of Construction sites weekly to determine compliance with state water quality requirements. She inspects each site before a qualifying storm event to ensure proper BMPs are in place. She also inspects during and after each event to verify BMP effectiveness. She has experience verifying weather conditions using the National Oceanic Atmospheric Administration (NOAA) website. She generates reports to record the findings of the inspections and coordinates with project managers to ensure the proper changes are being implemented.
YEARS OF EXPERIENCE:
4+ Years
EDUCATION:
B.A. Criminology and Justice
Studies / California State
University, San Marcos, CA
PROFESSIONAL
REGISTRATIONS/AFFILIATIONS:
• QISP # 01499
• QSP # 83996
14 I – Page 242 of 633
CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
MICHAEL GENTILE, P.E.,
QSD/P
TECHNICAL ADVISOR
Mr. Gentile has more than 35 years of experi-
ence in project management, project engineer-
ing, design, and production for a wide variety of
civil engineering projects. His diverse project experience includes hy- drology and hydraulics, drainage master plans, storm drain and water quality facilities design, roadway and drainage design, transportation studies (highways and rail), water, sewer, and site development. He is an expert in hydrology, stormwater management and water quality best management practices (BMPs). Mr. Gentile brings a collabora- tive approach among various disciplines to produce concepts tailored to the site features and needs of each project.
RELEVANT EXPERIENCE:
Water Quality Management Plan Review—Riverside County: Mr. Gentile, as part of Casc ’s plan check re- view team, provides WQMP and hydraulic and hydrology review services for the Riverside County Trans- portation Department. The review program in Riverside County requires knowledge of stormwater per- mit requirements in three watersheds: Santa Ana River (Santa Ana Region 8), Santa Margarita River (San Diego Region 9), and Whitewater River (Colorado River Basin Region 7). Mr. Gentile ’s detailed knowledge in all three permit regions, and his experience in designing and implementing stormwater BMPs has proven to be of great value in the coordination and cooperation with WQMP applicants and preparers by providing guidance in the implementation, feasibility and design of the LID BMPs to keep projects moving forward while ensuring compliance with permit requirements.
Peer Review of Riverside County Economic Development Agency (EDA) Projects: Mr. Gentile has peer re- viewed a number of proposed Riverside County EDA projects at the request of the agency. The peer reviews focus on compliance with the current stormwater permit, and provide EDA with guidance on future costs of ownership to maintain the proposed stormwater BMPs for the given projects. Where necessary, Casc has suggested alternative or modified BMPs to assist EDA in reducing project future ownership costs while staying in compliance with stormwater regulations.
Water Quality Management Plan (WQMP) Training, Riverside County: As part of the Casc Water Quality training team, Mr. Gentile has presented the County’s WQMP training for Riverside County and the pub- lic for the Santa Ana and Whitewater River watersheds. This past year he assisted in developing updat- ed WQMP training for both watersheds. Training covered the regulatory framework of the MS4 Permit, determination and requirements for priority and non -priority development projects, selection of BMPs based on the hierarchy of LID BMP implementation, and design examples for selected LID BMPs.
NPDES Compliance Services Support, Temecula, CA: Mr. Gentile provides valuable assistance to the City of Temecula ’s implementation of their stormwater program. In addition to reviewing Water Quality Management Plans, Mr. Gentile has also prepared WQMPs for the City of Temecula for select public works projects to document the stormwater credits generated from earned volume under the WQE framework. Mr. Gentile also consulted on updating the city ’s WQMP template and guidance, and their checklists and procedures for non -priority development projects. He has provided guidance on imple- mentation of stormwater requirements for various projects (public and private) throughout the City in support of their NPDES compliance goals.
YEARS OF EXPERIENCE:
35+ Years
EDUCATION:
BA / Physics/ Carleton College/
Northfield, MN
PROFESSIONAL
REGISTRATION/AFFILIATIONS:
• Professional Civil Engineer
California #58953
• Qualified SWPPP Developer
and Qualified SWPPP
Practitioner (QSD/P) #1162
15 I – Page 243 of 633
CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
JOE ROSALES, CESSWI,
CPMSM, QSP, QISP
ENV GRADE 1
SR. ENVIRONMENTAL ANALYST
Mr. Rosales has over 35 years of professional
municipal experience, including more than
17 years specializing in Fats, Oils, and Grease (FOG) compliance and over 20 years in NPDES and Waste Discharge Requirements (WDR) program management. He is a Certified Environmental Compliance Inspector, Grade 1 (California, No. 2074119), with extensive expertise implementing and administering programs in compliance with the Statewide General Waste Discharge
Requirements for Sanitary Sewer Systems (Order WQ 2022 -0103- DWQ) and municipal Sewer System Management Plans (SSMPs), with specialized knowledge of SSMP Section 7 – FOG Control Program.
CAREER ACHIEVEMENTS INCLUDE:
• SSMP Development & Audit Compliance – Revised the City of Montclair ’s SSMP to meet updated Order WQ 2022-0103-DWQ requirements; assisted the Cities of Montclair and Pomona during State Water Board audits by developing and implementing corrective action plans to close all findings. • FOG Program Administration – Led multiple agency programs designed to prevent Sanitary Sewer Spills (SSSs) through inspection of Grease Control Devices (GCDs), verification of Best Management Practices (BMPs), enforcement, and education.
• Data & Technology Integration – Developed FOG inspection forms and assisted with integrating them into GIS-based CMMS systems (ArcGIS) for real-time tracking, compliance reporting, and asset management.
• Public Education & Outreach – Served as Chairperson for San Bernardino County ’s Stormwater Public Education Subcommittee and for the County ’s Stormwater Database Steering Committee, redesigning the system to improve reporting accuracy for all permittees.
RELEVANT EXPERIENCE:
Sr . Environmental Analyst, City of Pomona: As Sr. Environmental Analyst for the City of Pomona, Mr.
Rosales led the City’s FOG Control Program in alignment with SSMP Section 7 and Order WQ 2022-0103- DWQ, contributing to a measurable reduction in sanitary sewer spills. He developed and implemented the City ’s official FOG/GCD Inspection Form and integrated it into the GIS -based CMMS (ArcGIS), streamlining field data collection, improving tracking of corrective actions, and reducing reporting time.
He also conducted rigorous QA/QC of inspection records to maintain accuracy in regulatory reporting, ensuring ongoing SSMP compliance. Working closely with IT and the Environmental Program Supervisor, Mr. Rosales optimized inspection workflows to improve efficiency and consistency. His field responsibilities included performing GCD inspections and BMP verification; NPDES inspections of Food Service Establishments; construction SWPPP inspections; Environmental Certificate of Occupancy inspections; and industrial/commercial facility inspections. These efforts supported the City ’s environmental compliance objectives while enhancing program effectiveness and operational efficiency.
NPDES Inspections, Montclair, CA: Mr . Rosales supervised industrial/commercial inspectors and has an exemplary reputation as a “field trainer” for commercial/Food Service Establishment (FSE) and industrial inspections. He conducted thousands of industrial/commercial/FSE inspections. He has experience as an inspector for the installation of grease removal devices and maintenance of such devices. He also served as a SWPPP inspector, stormwater treatment device installation inspector associated with the WQMP , and post-construction BMP inspector .
YEARS OF EXPERIENCE:
24+ Years
EDUCATION:
Various Coursework, University of
California, Riverside
PROFESSIONAL
REGISTRATIONS/AFFILIATIONS:
• QISP Certification (CA, NO.
01316)
• CPMSM Certification (CA, No.
219)
• CESSWI Certification (CA, No.
1223)
• QSP Certification (CA, No.
1223)
• Certified Environmental Com-
pliance Inspector Grade 1
(CA, No. 0274119)
16 I – Page 244 of 633
CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
• Post-construction BMP inspections (WQMP/SUSMP).
• Conducts Environmental Certificate of Occupancy inspections on newly constructed projects • Conducts Industrial/Commercial inspections
• Conducts Training for City staff
• Conducts QA/QC of inspections and inspection forms
• Conducts Municipal Facility Inspection
• Conducts Post-Construction inspections associated with the WQMP/SUSMP Sr. Environmental Analyst, City of Rialto: Mr. Rosales enhances the City ’s FOG Control Program in part- nership with the Publicly Owned Treatment Works (POTW) operator, Veolia, ensuring compliance with Order WQ 2022 -0103-DWQ and SSMP Section 7 requirements. He developed the City ’s official FOG/ GCD Inspection Form to support SSMP reporting and conducts joint inspections with POTW staff for Food Service Establishments (FSEs) and industrial/commercial facilities. He also oversees QA/QC of in- spection data to ensure accurate integration with the GIS-based CMMS and compliance with Waste Dis- charge Requirements (WDR) reporting standards.
His inspection activities include GCD inspections with BMP verification, NPDES/SWPPP construction in- spections, Environmental Certificate of Occupancy inspections, industrial/commercial facility inspec- tions, municipal facility inspections, and post -construction BMP inspections. Through these efforts, Mr.
Rosales advances the City’s compliance objectives, strengthens environmental programs, and improves operational efficiency.
Environmental Program Manager/Sr. Environmental Analyst, City of Montclair : Mr. Rosales revised the City of Montclair’s SSMP to align with updated Order WQ 2022-0103-DWQ requirements. He coordinat- ed directly with the State Water Board during SSMP/SSO audits, developing and implementing correc- tive measures to meet compliance deadlines.
In his supervisory role, Mr. Rosales led industrial and commercial inspection staff, overseeing the com- pletion of thousands of inspections across Food Service Establishments (FSEs), industrial facilities, con- struction sites, and post -construction BMP installations. He provided hands -on training to inspectors across multiple jurisdictions and managed the installation, operation, and maintenance verification of grease control devices (GCDs) to ensure program effectiveness and regulatory compliance. 17 I – Page 245 of 633
ROBERTO MORALES, CPESC,
QSD/P, HAZWOPER
SENIOR INSPECTOR (BILINGUAL)
Mr. Morales has 21 years of professional experi-
ence, focusing on water quality and civil engi-
neering design. He has extensive experience in
regulatory inspections for industrial and commercial facilities in cities throughout Riverside County. He also serves as a Storm Water Pollu- tion Prevention Plan (SWPPP), and Water Quality Management Plan (WQMP) reviewer for projects in cities throughout Riverside County.
He has produced calculations and reports for hydrology, hydraulics, and fire flow water modeling, and has experience in developing hy- drology studies, drainage reports and SWPPPs for commercial and residential developments, high schools, and airport projects.
RELEVANT EXPERIENCE:
NPDES Inspections City of Palm Springs: Mr. Morales has conducted numerous stormwater inspections at commercial and industrial facili- ties, and restaurants. Inspections conducted include the evaluation of existing activities, discharge points, identifying potential pollutant sources, analyzing surface drainage, monitored conditions of natural conveyances, provided education to business for preventive measures, and pollution control.
NPDES Inspections City of Temecula: Mr. Morales has conducted numerous stormwater inspections at commercial and industrial facilities, and restaurants in the City of Temecula. Inspections conducted in- clude the evaluation of existing activities, discharge points, identifying potential pollutant sources, ana- lyzing surface drainage, monitored conditions of natural conveyances, provided education to business for preventive measures, and pollution control. Inspections are completed using digital software which requires Mr. Morales to coordinate with the City’s database for download of data.
Residential Construction NPDES Compliance Inspections City of Moreno Valley: Mr. Morales is responsible for conducting third party compliance inspections to assist a prominent homebuilder in evaluating its NPDES construction site implementation program at project sites in the city of Moreno Valley. Each in- spection includes meeting with the site ’s Construction Manager, reviewing SWPPP documentation, re- viewing the QSP’s weekly site inspections, and walking the construction site to observe the implementa- tion and maintenance of BMPs. Following each inspection, a written report of findings is prepared with a detailed analysis of the site ’s compliance with the Construction General Permit and a list of corrective actions to be implemented. Mr. Morales then meets the construction site manager to discuss the com- pliance inspection report.
Water Quality Management Plan Review, Moreno Valley, County of Riverside, City of Hemet, Riverside County Transportation, City of Wildomar, City of Temecula: Mr. Morales currently serves as a plan re- viewer for Casc as part of the WQMP plan check team. Experience includes commercial and residential projects, gasoline and warehouse facilities. Review services include coordination and cooperation with WQMP applicants and preparers by providing guidance in the implementation, feasibility and design of the LID BMPs to aid agencies in moving projects forward.
YEARS OF EXPERIENCE:
21+ Years
EDUCATION:
BS/Civil Engineering / California
State Polytechnic University,
Pomona
PROFESSIONAL
REGISTRATIONS/AFFILIATIONS:
• Certified Professional in
Erosion and Sediment
Control (CPESC) No. 8444
• California Stormwater
Quality Association -
Qualified SWPPP Developer
and Qualified SWPPP
Practitioner (QSD/P)
Certification No. 25898
• 40 Hour HAZWOPER
• Chi Epsilon, National Civil
Engineering Honor Society,
Cal Poly Pomona Chapter
• World Water Corps. (Water
for People)
18 I – Page 246 of 633
RESUME
RELEVANT EXPERIENCE
Tentative MS4 Permit and State Water Board Order Review, SGVCOG and ULAR Watershed Management Group, CA (2020 - 2021)
Project Manager and Technical Lead . Project manager and technical lead for detailed review of the implications of the new MS4 Permit and the State Water Board Order to the San Gabriel Valley Council of Governments (SGVCOG) and Upper Los Angeles River (ULAR) Watershed Management Group. Summarized and discussed key implications for the groups and drafted comments to submit to the Los Angeles Regional Board and the State Water Board. Drafted targeted talking points for the technical and elected group members during MS4 Permit workshops. Drafted comments on behalf of the ULAR Watershed Management Group in response to the staff working proposal on the MS4 permit for the Los Angeles region and the State Water Board Order regarding the review of approved Watershed Management Programs. Drafted comments on behalf of the SGVCOG and ULAR Watershed Management Group in response to the tentative order on the MS4 permit for the Los Angeles region.
Ventura Countywide Watershed Management Programs, Ventura County, CA (2022 – Present)
Project Manager. Project manager for the development of Watershed Management Programs (WMPs) for all Ventura County MS4 Permittees, covering five watersheds. Led the development of a Reasonable Assurance Analysis (RAA) right-sized to local conditions, and delineated actionable and affordable control measures. Developed and calibrated a new watershed model (LSPC) for the five watersheds in Ventura County and modeling non -structural and structural control measures to evaluate expected reduction benefits. The tailored RAA approach developed is focused around four core elements to base the analysis on (1) latest and local watershed science, (2) assigning watershed and MS4- specific required pollutant reductions, (3) leveraging and optimizing minimum control measures, and (4) providing feasible project-led pathways to compliance.
In addition, integrating dynamic tracking, allowing for flexibility and transparency as Permittees proceed with implementation of the Program.
Maximizing Impact of Minimum Control Measures Safe, Clean Water Program Scientific Study (2023 – Present)
Project Manager. Project manager for the Maximizing Impact of Minimum Control Measures (MCM) Study to evaluate and optimize non- structural programs in the Los Angeles region. Developed tools to quantitatively estimate the effectiveness of MCMs and recommend implementation strategies for optimization. Informed standardized, streamlined data collection that support quantification methods, ease of tracking and reporting, and optimization strategies. Develop a visual-based platform to inform management decisions.
Brianna Datti
M.S.
Director of Science & Policy
e/ [email protected]
p/ 603.988.6997
EXPERIENCE
9 years
EDUCATION
B.S., Environmental Engineering,
University of Connecticut, 2015
M.S., Civil and Environmental
Engineering, Cornell University, 2017
AREA OF EXPERTISE
Hydrologic and Water Quality Modeling
MS4 Permit and TMDL Compliance
Climate Resiliency Planning
Water Quality Data Management and
Analysis
Watershed Management
Water Quality Monitoring Plan
Assessments
Fate and Transport of Sediment, Metals,
and Nutrients
Lake Hydrodynamics
Geospatial Analysis
EXPERIENCE SUMMARY
Ms. Datti is the Director of Science and Policy at Craftwater Engineering. Her focus is on technical studies that establish an implementation-based framework for improved water quality and regulatory compliance guided by sound science and engineering. Her development of accurate watershed and BMP models has been used to assess existing and projected climate change conditions for hydrology and water quality and determine resilient best management projects and/or strategies to reach compliance with TMDLs, MS4 permit requirements, and other regulatory conditions. Through her work she is knowledgeable on applicable TMDLs, MS4 permits, and the 303(d) listings and how ever-evolving regulations and science impact watershed management. 19 I – Page 247 of 633
RESUME
1 RELEVANT EXPERIENCE
Ventura Countywide Watershed Management Programs, 12 Permittees, (2020 – Present)
Sr. Project Manager overseeing completion five separate Watershed Management Programs across the coastal watersheds of Ventura County, including regulatory engagement, water quality characterization, compliance reasonable assurance analysis (RAA), project conceptualization, and development of alternative compliance pathways. Includes use of 2NDNATURE software for project compilation, analysis, and tracking.
Local and State Regulatory Review, Upper Los Angeles River Watershed Management Group (2020 – 2021)
Lead in review pending and draft Regional Board and State Water Board orders to identify implications to the Watershed Group. Suggested strategic commentary and submitted comments to regulators on behalf of Group.
As-Needed Stormwater Strategic Planning Services, City of Monrovia (2019 – Present)
Lead in on-call strategic planning services related to stormwater compliance, including conducting special studies, engaging NGOs and regulators on behalf of City, development of stormwater project feasibility studies and Safe, Clean Water funding applications.
Safe, Clean Water Program 2025 Adaptive Management. LA County Public Works (2024 – Present)
Project Manager leading sweeping adaptations to SCWP implementation and administration, including development of SIP Programming Guidelines, Financial Modeling and Forecasting for all 9 Watershed Areas, Reporting and Projects Module Guidance, Scoring Criteria Pilot Adaptations, Interim Guidance Updates, Supplemental Guidance to Support Feasibility Study Guidelines, and Post- Construction Monitoring Guidance.
Upper LA River and Rio Hondo preSIP Scientific Study (2020 – Present) Sr. Project Manager overseeing completion of the $2.3M scientific study funded by the Safe, Clean Water Program. Facilitating coordination with project partners, including street/road agencies, water agencies, regulators, and NGOs to identify opportunities for co-funding project and develop a long- term framework for collaboration. Conducting an unprecedented site-scale review of the entire Upper LA River and Rio Hondo Watershed Areas (750 square miles) to identify, model, and prioritize specific project opportunities; results will provide asset-level clarity to inform EWMP implementation. The collaborative project opportunities gathered from partner organizations will then be combined with the newly identified opportunities and simulated to plot a granular, actionable, and affordable pathway to compliance.
Brad Wardynski
PE
Science and Modeling Practice Lead
& Chief Operating Officer
e/ [email protected]
p/ 213.393.2392
EXPERIENCE
1 4 years
EDUCATION
B.S., Biosystems Engineering, Michigan State
University, 2010
M.S., Biological and Agricultural
Engineering, North Carolina State
University, 2012
LICENSES & CERTIFICATIONS
Professional Engineer (Civil) 84989,
California, 2015
AREA OF EXPERTISE
Hydrologic and water quality modeling
MS4 permit and TMDL compliance
Water quality data management and
analysis
Watershed management
Water quality monitoring plan assessments
Strategic plan
ning
Asset management
Regulatory compliance
EXPERIENCE SUMMARY
With over a decade of experience in the fields of urban hydrology and green infrastructure, Brad Wardynski has worked with influential industry experts on a variety of projects spanning the full scope of stormwater program management, including regulatory support and reporting, multi-benefit watershed planning, modeling, feasibility and design, monitoring, outreach, and technical guidance. His projects and research have directly impacted key elements of the Safe Clean Water Program and Los Angeles County-specific stormwater control measure planning and design programs. 20 I – Page 248 of 633
CITY OF PALM SPRINGS
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM ON-CALL CONSULTING SERVICES; RFQ 2026 NPDES
SECTION C: DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND
REQUESTED SCOPE OF WORK
C.1 PROPOSED APPROACH
Casc’s approach builds on current delivery of the City’s NPDES program and is rooted in our deep familiarity with local regulatory requirements, our proven “Parallel Program Management ” structure, and our commitment to responsive and proactive service delivery. Casc assembles dedicated, multidisciplinary teams tailored to the City’s needs, focused on delivering regulatory compliance, operational efficiency, and seamless integration with City staff. This approach facilitates consistent service delivery, rapid response to regulatory changes, and meas- urable progress toward compliance objectives.
• Parallel Program Management: Our unique model pairs a Program Director with a Project Manager, ensuring the City has continuous access to decision -makers and subject -matter experts via text, phone, Teams, and email. This ensures all service requests are addressed promptly—even during unexpected circumstances. • Comprehensive Service Delivery: As a “one-stop shop” for NPDES compliance, we cover the full scope: pro- gram administration and reporting, integrated inspection services (construction, commercial, industrial, mu- nicipal, ICID), permit and policy reviews, public education and outreach, and regulatory representation. • Efficient and Effective Partnership: We align our internal processes and staff allocations with the City’s evolv- ing needs, adjusting quickly to regulatory changes and operational requirements through close communica- tion and scheduled check-ins with City staff. Our staff augmentation and mentoring ensure continuity of in- stitutional knowledge.
• Local Knowledge, Regional Impact: We bring specialized knowledge of the Coachella Valley ’s arid climate, stormwater infrastructure, and unique seasonal precipitation patterns—factors central to scheduling inspec- tions and prioritizing source control.
Casc will provide comprehensive program -level support to assist the City in maintaining compliance with the MS4 Permit and evolving regulatory requirements. This includes reviewing and updating ordinances, policies, and standard operating procedures; advising City staff on regulatory interpretation and implementation strate- gies; and supporting integration of NPDES requirements into municipal operations. Casc will work collaboratively with City staff to evaluate program effectiveness, identify gaps, and recommend practical, defensible solutions to ensure continued compliance with State and Regional Water Board requirements. Our experience supporting the City of Palm Springs includes NPDES compliance management, annual reporting, regulatory coordination, BMP inspections, and data management aligned with the current scope of services.
C.1.1 NPDES PROGRAM ADMINISTRATION AND REPRESENTATION
Casc will continue to provide Program Administration and City Representation services for the City. Proposed services will be covered by utilizing the team members that are strong in each area indicated in the Scope of Work, Section I. As Section I covers many tasks with varying approaches, a generalized discussion is summarized below:
• Meeting Representation: Casc’s team currently, and will continue to, represent the City at all regulatory, task force, watershed or status meetings. All representation has and will continue to be conducted in a pro- fessional manner and will keep the City ’s interests at the forefront. Casc has established positive relation- ships with the Principal Permittees, Co-Permittees, and Regional Board as representatives of the City. Casc ’s involvement in professional stormwater management organizations, like the California Stormwater Quality Association (CASQA), gives Casc insight into new policies that could potentially impact Permittees in the Whitewater region. As representatives of the City, Casc has introduced and spearheaded several of the con- versations regarding these new policies within regulatory and task force meetings. By doing so, others view the City as leading the way in regulatory compliance. As requested by the City, meeting representation will 21 I – Page 249 of 633
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also include City Capital Improvement Status meetings, various committee and commission meetings, and City Council meetings.
• City Coordination and Reports, Technical Studies, etc.: Casc’s team will continue to meet regularly with the Public Works and Engineering Department to provide updates on NPDES regulations, MS4 Permit renewal status, or private and City development project status, enforcement actions and other NPDES compliance - related items. Additionally, work on required reports, such as fee studies, or ordinance reviews and updates, SWMP updates, inspections and other NPDES compliance items will be coordinated with City staff as work progresses, providing the City with a continual status of assigned projects. • Permit Compliance and Policy: Casc’s team supporting the City includes a director serving on the CASQA Board, along with active participation on key subcommittees. As a leading authority in the stormwater field, CASQA plays a significant role in shaping state and federal policies. Casc’s involvement with CASQA positions our team to stay ahead of emerging regulatory changes and effectively support the City during permit com- pliance efforts and policy negotiations. Casc will continue to provide these services to the City as needed and will remain actively engaged in the following regulatory negotiations and policy initiatives:
AB 1313: CASQA has identified this bill as a potential regulatory shift that would create a new statewide stormwater permit for large commercial properties, expanding responsibility beyond MS4 permittees.
Casc is actively tracking this legislation and evaluating its potential implications for municipal programs. Cost Reporting: California adopted a statewide MS4 cost reporting policy in January 2025, requiring per- mittees to annually report program expenditures through a centralized statewide portal. For the WWR Permittees, this represents a new compliance requirement. Casc currently supports several clients with cost tracking and reporting efforts aligned with the new policy and is well positioned to assist the City in developing and implementing a compliant reporting approach. NPDES Permit Renewals: Casc will continue to represent the City in MS4 Permit negotiations. Because of Casc’s status with CASQA, Casc also has insight into the upcoming draft and is working with permit writ- ers to influence language planned in the upcoming draft of the Construction General Permit (CGP). Pre- liminary Draft language has the potential to increase monitoring on both private and public construction projects.
Trash Amendment: Casc has kept the City in compliance with this amendment with the completion of the deliverables by the deadline dates in the amendment. Casc continues to make sure that the City remains on task with deadlines and installations. Casc has recently prepared a draft RFP for the City for the instal- lation of full captured devices identified in the City ’s approved trash study and is currently assisting in asset data collection.
SB 205: Casc assisted the City’s Business License Department to develop an implementation plan to com- ply with this bill. Casc will continue to provide support to the Business License Department to ensure fa- cilities are reported to the Board.
Casc translates these evolving regulatory developments into actionable guidance for the City, ensuring pre- paredness and minimizing compliance risk.
• Annual Reporting: Casc has extensive experience in MS4 Permit Annual Report preparation and understands that providing the City time for review and comment on the internal draft of the report is essential. Casc will continue to provide suggested input and/or edits of proposed material to be submitted to the Regional Board. Further, Casc will work with City staff to obtain information required for reporting. Casc will then pre- pare the Annual Report with one (1) internal draft review period. • Inspection Fee Program: Casc has assisted the City in the development and updating of a fee study for imple- mentation of the fee program for NPDES inspections. Casc will continue to assist the City with updates to the study and provide the Business License Department with current inspection inventories to verify license status.
• Regulatory Audits: Casc has extensive experience assisting other agencies with regulatory audits. Casc will 22 I – Page 250 of 633
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draw on this experience to assist the City as needed with Permit -compliance audits. Casc has years of posi- tive experience working with the Colorado River Regional Board staff, understanding that Regional Board audits typically focus on particular elements of the MS4 Permit stormwater programs, and will provide the following support:
Work with City staff to obtain information and data required for the audit; Preparation or completion of any pre-inspection questionnaires and/or forms; Assistance during the audit process; and
Assistance with response to audit findings and gathering support information.
Preparation of Grant Documents: Casc will continue to monitor for grant opportunities for the City. We have an extensive experience in researching, preparing and submitting applications for grant programs using online ap- plication web-based modules and databases, such as OPTI. Casc has assisted, and is currently assisting, agen- cies with funding projections for the projects as requested by each program and Casc has developed project specific submittals and documents for uploading on behalf of the agencies that were represented.
C.1.2 INSPECTION PROGRAM
Casc’s inspectors provide services for over 450 facilities, including commercial, industrial, restaurants, IC/ID in- vestigations, construction, and municipal inspections. Casc has a strong track record of achieving compliance with MS4, Construction General Permit, and Industrial General Permit requirements. Inspectors utilize Casc ’s GIS database and mobile applications to collect data in real time, enabling efficient coordination with the pro- gram managers. Casc consistently achieves high compliance rates across its inspection programs, with timely completion of scheduled inspections and effective follow -up on corrective actions. Casc ’s inspection approach follows a streamlined, GIS-based process across all program areas:
• Centralized inspection inventory and schedule to meet permit-required frequencies and optimize routing • Efficient field data collection using ArcGIS Field Maps for site location and documentation • Use of ArcGIS Survey123 for standardized inspection forms and reporting • Pre-inspection review of plans, prior reports, SMARTS data, and compliance history • Qualified staff assignments based on inspection type (e.g., QSD, QSP, QISP, CPSWQ) • Bilingual inspectors and translated materials to address language barriers • Real-time communication and reporting of issues to City staff • Reinspections (~20% of sites) to verify corrective actions Inspectors document observations, BMPs, and compliance issues in the field and communicate findings directly to site representatives. Inspection reports are currently provided upon request, and a centralized inventory of reports will be maintained and shared with the City via a ShareFolder.
Non-compliance is documented and coordinated with the City, with escalation at the City ’s discretion. Immedi- ate threats (e.g., illicit discharges) are reported in real time, ensuring prompt response and continued program effectiveness.
For construction-related compliance, Casc will support the City in implementing requirements of the State Gen- eral Construction Permit. This includes verification of SMARTS permit coverage (WDID), review of SWPPPs, and inspection of active construction sites to confirm proper installation and maintenance of BMPs. Casc will assist with tracking Notices of Intent (NOIs), Notices of Termination (NOTs), and required documentation within SMARTS. Inspection frequency and prioritization will be aligned with MS4 Permit requirements, and coordina- tion with City staff will ensure timely reporting and compliance documentation. 23 I – Page 251 of 633
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C.1.3 TRAINING & OUTREACH (STAFF DEVELOPMENT)
Casc will provide targeted training and capacity-building to support effective program implementation and regu- latory compliance. Training may include workshops, field-based mentoring, and targeted sessions covering topics such as BMP implementation, inspection procedures, illicit discharge detection, and updates to regulatory re- quirements. Casc has worked diligently to provide informative and interactive trainings that are focused to spe- cifically meet the needs of the audience to promote compliance with stormwater requirements. Casc has been conducting annual workshops to train City staff and contract staff responsible for NPDES requirement implemen- tation as requested. Casc will continue to provide training as needed by the City. Training highlights include, but are not limited to:
• In-field Municipal facility training: In recent years, Casc has focused on providing annual in -field training to the City’s Municipal crew at the City Yard. The overall benefit of this type of training is personalized presen- tations with annual municipal inspection photos and results that the City crews can relate to. • Continued training in a number of formats including one -on-one mentoring, classroom, tailgate or virtual sessions.
• Development of bulletins and training sheets for City staff. • Continued maintenance of all training records, update City training databases, and verify that staff is up to date on current regulations.
• The County continues to host in -person training and online training through its LMS system. This is a cost savings to the City. Casc will continue to provide the City with updates, reminders and coordination of regis- tration with the LMS system.
• Additionally, with CGP and IGP Trainers of Record on Casc ’s team, optional training opportunities are also available to the City, such as QSD or QISP trainings.
C.1.4 TARGETED OUTREACH & PUBLIC EDUCATION
Casc will support the City’s public outreach and education efforts through a multi-faceted approach that includes development of digital content, printed educational materials, and participation in community events. Casc can assist with website and social media content development, preparation of brochures and outreach materials (including multilingual resources), and direct engagement with the public at community events, workshops, or City-hosted programs. These efforts are designed to increase awareness of stormwater pollution prevention practices and promote compliance among residents and businesses. Casc will work closely with the City to en- sure all materials are consistent with permit requirements, tailored to the local community, and aligned with existing outreach goals. This integrated approach will maximize program effectiveness and support measurable improvements in public awareness and participation. Key program components will include:
• Digital Presence: Casc has supported numerous clients in evaluating and enhancing their digital outreach platforms. We will review the City ’s existing website and social media presence, provide recommendations for improvement, and develop targeted content to strengthen public engagement. This includes sharing best practices and incorporating links to effective, up -to-date stormwater resources to ensure the City ’s messag- ing is clear, accessible, and aligned with current industry standards. • Printed Materials: Procurement and distribution of educational brochures and outreach materials in both English and Spanish to support public awareness efforts and provide accessible, easy -to-understand guid- ance.
• Community Presence: Casc brings extensive experience in direct public engagement through its inspection programs, where inspectors routinely work with facility owners and operators to provide education and rec- ommended BMPs for compliance. Building on this experience, Casc can support the City through participa- tion in local events, workshops, and community activities as needed, helping to reinforce stormwater mes- saging and encourage responsible practices.
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C.2 COORDINATION AND COMMUNICATION
Coordinated, transparent, and responsive communication with City staff and all stakeholders underpins our methodology. Casc leverages robust internal communication between its Project Manager and Assistant Project Manager, ensuring City priorities are always addressed —even during high -demand periods or unanticipated staff absences.
• Stakeholder Communication: Our team maintains open lines with City divisions (Engineering, Public Works, Finance, Development), regulatory bodies (Regional Board, Riverside County, CVWD), and key external groups.
• Co-Permittee and Regional Engagement: We actively participate in Desert Task Force (DTF) meetings, co - permittee technical advisory committees, and permit negotiation sessions, representing City interests and providing clear, timely feedback. This coordination reflects our ongoing role working with these agencies on behalf of the City.
• Digital Tools: For inspection programs and field activities, we employ GIS-based platforms, integrated mobile applications, and secure data storage—all of which are accessible and compatible with City platforms, max- imizing efficiency and ensuring shared visibility.
• Responsive Protocols: We provide direct phone/text/email contacts for rapid inquiry response and service request initiation, strengthening partnership and accountability at all levels of the organization.
In addition to coordination with City staff, Casc will facilitate communication with regulatory agencies, co - permittees, utility providers, and other stakeholders as needed. Casc supports interagency coordination by en- suring consistent messaging, timely information sharing, and alignment with regional MS4 program require- ments. Regular communication protocols, including meetings, reporting updates, and real-time notifications, will be implemented to maintain transparency and responsiveness. This structured communication approach en- sures alignment across all stakeholders and minimizes delays in program implementation.
C.3 PROBLEM SOLVING AND ISSUE RESOLUTION
Casc applies a proactive, results -driven approach to resolving technical and regulatory challenges, focusing on practical solutions that maintain compliance while minimizing impacts to City operations. Our experience sup- porting the City of Palm Springs includes NPDES compliance management, annual reporting, regulatory coordi- nation, BMP inspections, and data management aligned with the current scope of services. For example, when encountering non-compliant BMP installations or changing regulatory requirements, Casc works with stakehold- ers to identify corrective actions that are both effective and feasible. Our team maintains awareness of evolving State Water Board guidance and incorporates adaptive strategies to ensure continued compliance while mini- mizing disruption to City operations.
• Regulatory Navigation: Our team proactively tracks, interprets, and disseminates updates related to State and Regional MS4 permits, Trash Amendments, TMDLs, and changing Statewide General Permit require- ments, preparing strategy memos and conducting staff briefings. • Conflict Resolution: When technical or regulatory conflicts arise (e.g., field findings contradicting permit re- quirements, cross-departmental issues), we engage in cooperative troubleshooting sessions —inviting City representatives and, when needed, Regional Board liaisons for joint resolution. • Examples of Problem Solving:
During the coronavirus pandemic, Casc quickly developed enhanced safety protocols for inspec- tions, ensuring no disruption to City services while maintaining regulatory compliance. In permit negotiation and transition periods, our team authored regulatory comment letters, coordi- 25 I – Page 253 of 633
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nated with affected departments, and trained staff on new compliance mandates. We have supported the City in addressing findings from Regional Board audits and inspection follow ups by developing corrective responses and evidentiary documentation. Casc’s strong budget management has consistently allowed the City to realize cost savings on ongo- ing program tasks. These savings have enabled Casc to deliver additional high -value services—such as asset inventory and data collection —without increasing overall program costs. As the new MS4 permit requirements approach, Casc is well positioned to apply this same approach to help the City efficiently meet upcoming compliance needs without significant budget impacts.
Our staff routinely advises City departments and project applicants on regulatory clarification, helping reduce compliance risk and avoid permit violations.
C.4 PROJECT CONTROLS AND DOCUMENTATION
Casc employs structured project management, digital tracking tools, and QA/QC frameworks to ensure that doc- umentation, project progress, and deliverables for the City are consistently accurate, accessible, and audit- ready.
• Digital Documentation & Tracking: We maintain an NPDES inspection and activity database integrated with GIS, ensuring all agency-required data are current and accessible, and allowing for seamless update and ex- port for reporting and regulatory review.
• Scheduling and Task Monitoring: Using project management schedules, regular staff meetings, and weekly timesheet reviews, we monitor the completion of all compliance and reporting tasks, adjusting allocations if new priorities emerge.
• Deliverable Coordination: All deliverables—annual reports, inspection records, invoicing, and special stud- ies—are routed through a QA/QC process and reviewed internally to guarantee accuracy prior to submittal. • Progress Reporting: Monthly invoices and progress reports are provided to City project leads, summarizing key activities, progress, and hours expended, and supporting client visibility and financial planning. • Continuous Improvement: We solicit City feedback on documentation standards and workflow effectiveness, updating internal processes as regulations or City preferences evolve.
This approach keeps all program documentation audit-ready and defensible.
C.5 COMMUNITY ENGAGEMENT AND COMMUNICATION
Casc has experience supporting public communication efforts through preparation of presentations, reports, and educational materials for a variety of audiences, including City staff, stakeholders, and the general public. Casc can assist with presentations at public meetings, workshops, and community events, and will tailor messaging to effectively communicate technical information in an accessible manner. Our approach emphasizes transparency, responsiveness, and proactive engagement to build public awareness and support for stormwater management programs.
• Public Education & Outreach: We deliver tailored educational programs and informational campaigns that include digital content for web/social media, printed materials for local distribution, and direct engagement at community events
• Stakeholder Presentations: Casc staff are skilled presenters who routinely brief City Council, technical com- mittees, and public stakeholder groups, conveying complex regulatory or technical concepts in accessible language.
• Training and Mentoring: We design and present NPDES and BMP training for City staff, field contractors, and 26 I – Page 254 of 633
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interested citizens—including tailored sessions and job-specific mentoring. • Bilingual Communication: To reach Spanish -speaking residents and business owners, we provide inspectors and outreach staff fluent in both English and Spanish.
Our aim is to foster public stewardship and understanding of stormwater management, leading to broader com- pliance and shared responsibility for water quality.
C.6 ADDITIONAL INFORMATION
Casc brings innovative and specialized experience to NPDES program delivery for Palm Springs. Some features and insights the City should consider:
• GIS-Enabled Mobile Applications: We have pioneered cost -effective inspection apps compatible with the City’s existing GIS licenses, allowing real-time data input and access in the field without the need for proprie- tary platforms.
• Drone and Unmanned Aircraft Systems: We utilize FAA-certified pilots and drones for inspection of large are- as, outfall screening, and infrastructure photo documentation —providing perspectives not possible through conventional field work.
• Certified Team: All primary project staff maintain stormwater certifications such as CPSWQ, CPMSM, CPESC, CESSWI, QSD, QSP, or QISP, providing the City with assurance of technical proficiency. • Institutional Partnership: Our history of serving as a trusted advisor to the City enables us to provide not just task-based support but strategic input on interdepartmental policy, budgeting, and long-term programmatic planning.
• Zero Exceptions: Casc takes no exceptions to the requirements, terms, nor to the City ’s insurance or licens- ing, and is prepared to mobilize immediately upon contract award. • Long-Term Commitment: Our three decades of experience in Southern California and history of multi -year contracts with municipal clients highlight our stability and reliability as a long-term partner.
Casc stands ready to help the City of Palm Springs continue as a regional leader in stormwater management, regulatory compliance, and environmental stewardship.
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SECTION D: FINANCIAL RESPONSIBILITY
Casc Engineering and Consulting is a California S corporation headquartered in Colton, California, and has been serving city, county, and state government agencies, public utilities, and private sector clients since 1993. The firm currently maintains multiple offices in Southern California and employs more than 70 professionals, demon- strating both operational scale and organizational depth. Our long history of service attests to our financial solid- ity, technical excellence, and ability to fulfill multi-year, multi-million-dollar consulting agreements, including on- call and task -order contracts for high -profile agencies such as Caltrans, Southern California Edison, and the Los Angeles County Department of Public Works.
We have provided services to a diverse group of clients, including governmental agencies, public utility compa- nies, school districts, local utility districts, and private industry groups. Our entrepreneurial spirit, commitment to innovation, and well -established local labor force have enabled us to maintain a competitive cost structure and high service standards. Our broad service portfolio has allowed us to remain economically stable, even dur- ing periods of significant market volatility. The successful execution of multiple multi -year, multi-million-dollar contracts with agencies such as Caltrans and Southern California Edison demonstrates our proven ability to weather economic downturns and deliver projects through to completion.
Casc has no ongoing, pending, or threatened litigation, nor any open settlements, and has never received a no- tice of termination for default. This reflects our commitment to ethical business practices and transparent finan- cial stewardship.
Our management practices ensure the consistent application of Generally Accepted Accounting Principles (GAAP) and strict adherence to the requirements of state and federal contracting regulations. All direct costs associated with our contracts are auditable, supportable, and consistently applied to every agreement. All sup- porting documentation of compliance is maintained per federal and state standards, ensuring eligible costs and full transparency for all project financial reporting.
As required by the City of Palm Springs, Casc brings the financial capacity to contract for all elements of the work described in the RFQ. Our sound financial foundation, multi -office operation, and broad personnel base enable us to successfully execute concurrent assignments within the City ’s required timelines and performance expec- tations. Our performance history with complex, multi -year projects and demonstrated ability to remain stable under fluctuating economic conditions affirm our capacity to deliver services for the full contract term. 28 I – Page 256 of 633
Attachment C
Agreement
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CITY OF PALM SPRINGS, CA
ENGINEERING SERVICES DEPARTMENT
CITY OF PALM SPRINGS
PROFESSIONAL SERVICES AGREEMENT
ON-CALL NPDES PROGRAM MANAGEMENT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into, to be effective this ___ day of _____, 2026, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as “City”) and C ASC ENGINEERING AND CONSULTING, INC (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 As -Needed, On-Call” National Pollutant Discharge Elimination System (NPDES) program consulting services, (hereinafter the “Project”).
B. Consultant has submitted to City a proposal to provide As -Needed, “On-Call” NPDES Program management Services to City pursuant to the terms of this Agreement.
C. Consultant 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. City desires 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 Scope 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 (hereinaft er referred to as
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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 acknowledges that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of 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 experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 Contract 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 for Proposals and the Consultant’s Proposal, which are attached as Exhibits “B” and “C” respectively, are 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: (1st) 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 Compliance 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 Licenses, 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 the Consultant's performance of the Work requ ired 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 Familiarity with Work. By executing this Agreement, Consultant affirms that Consultant (a) has investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) understands the facilities, 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 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
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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 Care 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 Further 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.
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 Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding 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 amended, 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 C ity 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 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
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Compensation for the duration of the term of this agreement, as defined in Section 3.4, shall not exceed $1,000,000.
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 Hourly Billing Rates (Fee Schedule) as shown on Exhibit “ D”, or (iii) such other methods as may be specified 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 professional services under this Agreement. Compensation shall include the attendance of Consultant at all 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 the 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 Method 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 invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes 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 Appropriations. This Agreement is subject to and contingent upon funds being
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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. SCHEDULE OF PERFORMANCE
3.1 Time 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 of the non-performing 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 Agreement 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 Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine rest rictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgme nt, such delay is justified. The Contract Officer’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 commence on July 1, 2026 and continue in full force and effect for three (3) years. 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. COORDINATION OF WORK
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4.1 Representative 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: Melanie Sotelo , Associate Vice President. 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 Agreement. 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 ch anged by Consultant without prior written approval of the Contract Officer.
4.2 Contract 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 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 herein, 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 Prohibition 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. S ubcontracts, 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 Independent Consultant.
A. The legal 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
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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 sele ction, 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. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.
C. No City 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 Consulta nt’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California 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 (“Pr evailing 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
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Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types 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 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. Errors 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) acknowledge 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 th e 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.
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B. Workers’ 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 subconsultant s, 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. Commercial 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 damage including coverages for contractual liability, personal injury, independent Consultant s, broad form property damage, products and completed operations.
D. Business 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. Employer 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 bodi ly injury or disease.
5.2 Deductibles 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 th e 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 Other Insurance Requirements . The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement:
A. For 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 off icers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
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C. All 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. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the 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
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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 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 Verification 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 i nsurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and
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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 costs and reasonable attorney fees (collectively “Claims”), including 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 applicable federal, state, or local law or ordinance or to the extent arising out of, pertaining to, or relating to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relat e to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole or active 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 indemnified 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 Accounting 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 a ccess to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
7.2 Reports. 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 conc erned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant
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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 increased 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 Ownership 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 Agreement, and Consultant shall have no claim for further employme nt 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. Consultant may retain copies of such documents for its own use. Consulta nt 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 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of
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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 Termination. 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.
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 Default 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. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained
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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.
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 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non- judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses, 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. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability 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 Conflict 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 Covenant 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 th at applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis.
As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, 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
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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. MISCELLANEOUS PROVISIONS
10.1 Patent 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 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 C ity’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. Consultant 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 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting 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: City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
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To Consultant: CASC Engineering and Consulting, Inc.
Attention: Melanie Sotelo.
Director – Environnemental Services
1470 E Cooley Drive
(909) 835-0313
[email protected]
10.3 Entire 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 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 Third 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 Recitals. The above -referenced Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
10.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine.
When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N -6-22
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(“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 “E” (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]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CASC ENGINEERING AND CONSULTING, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: : Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: 6/10/2026 Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING
AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL
YEAR 2026-2027
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This item will initiate proceedings required by law to continue the levy of existing annual special assessments in the City’s various Street Lighting and Parkway Maintenance Districts. Adoption of a Resolution of Intention will schedule a Public Hearing for June 24, 2026, to consider the formal levy and collection of special assessments for the subject fiscal year.
RECOMMENDATION:
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH
ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED
THERETO FOR FISCAL YEAR 2026/2027”; (Attachment A)
2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JUNE 24, 2026, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2026/2027.” (Attachment B)
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City Council Staff Report
June 10, 2026 – Page 2
Street Lighting and Parkway Maintenance Districts.
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BACKGROUND:
The City has formed nine (9) Landscape and Streetlighting Maintenance Districts pursuant to the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code. This procedure authorized the City to recover costs that are incurred in providing landscaping and street lighting maintenance service through a special benefit assessment district procedure.
Street Lighting Maintenance District No. 3 (Crossley Tract – 75 Properties) Parkway Maintenance District No. 6A (Fairport Development – 25 Properties) Parkway Maintenance District No. 6C (Park Sonora Tract – 30 Properties) Parkway Maintenance District No. 7 (Sunrise Norte Tract – 53 Properties) Parkway Maintenance District No. 8 (Vintage Palms Tract – 62 Properties) Parkway Maintenance District No. 9 (Flora Vista Tract – 77 Properties) Parkway Maintenance District No. 10, Zone 1, (Mountain Gate – 308 Properties) Parkway Maintenance District No. 10, Zone 2 (Mountain Gate 2 – 196 Properties) Landscape Maintenance District No. 12 (Smoke Tree Commons – 6 Parcels) On November 5, 1996, the voters of California approved Proposition 218, the “Right to Vote on Taxes Act,” (or “Prop 218”). Prop 218 revised the manner in which local agencies could increase special assessments or levy new taxes, by adding Articles XIIIC and XIIID to the California Constitution and imposing new regulations requiring local agencies to call for elections for a vote of affected property owners for any proposed new or increased special assessment.
Proposition 218 fundamentally changed the procedural requirements for imposing, extending, or increasing landscape and lighting assessments.
Prior to Prop 218, local agencies had the legal ability to propose new or increased special assessments, and such assessments could be implemented insofar as majority protests were not presented by the affected property owners. Prop 218 has imposed a challenge on local agencies administering Special Districts that generate revenue for maintaining public improvements that benefit private properties.
A Proposition 218 mail ballot election, with majority support, would be required for any rate increase to the property owners in the districts above their current maximum assessment.
Five of the Special Districts (Nos. 3, 6A, 6C, 7, and 8) were established prior to Prop 218, and District No. 9 was established immediately after Prop 218 in 1997.
Those Special Districts that were established prior to Prop 218 did not have a formula for adjustment of special assessments to account for inflation; therefore, after Prop 218 any increase in special assessments requires a local agency to call for a special election and for a majority vote to support an increased assessment.
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City Council Staff Report
June 10, 2026 – Page 3
Street Lighting and Parkway Maintenance Districts.
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District Nos.10 Zone 1, 10 Zone 2, and 12 were originally established with a formula allowing for annual increases to the special assessment subject to the Consumer Price Index (“CPI”).
The CPI adjustment is determined by the United States Department of Labor, Bureau of Labor Statistics for all urban consumers in the Riverside - San Bernardino - Ontario area.
STAFF ANALYSIS:
In accordance with the Streets and Highways Code of the State of California, the City is required to prepare Engineer’s Reports on the annual costs to operate and maintain improvements within the City’s various Street Lighting or Parkway Maintenance Districts.
For the City to continue assessing fees to maintain its landscape and lighting districts under the Landscape and Lighting Act of 1972, the City Council is required to approve or approve as modified, resolutions Approving the Preliminary Engineer’s reports (Attachment A) and the Intention to Conduct a Public Hearing (Attachment B).
This process will evidence the City’s intention to levy and collect assessments. A public hearing is required even though the rates are not recommended for increases over the allowable costs under Proposition 218, and the hearing has been scheduled for Wednesday, June 24, 2026.
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City Council Staff Report
June 10, 2026 – Page 4
Street Lighting and Parkway Maintenance Districts.
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1. Street Lighting Maintenance District No. 3 consists of 75 residential parcels located in the “Crossley Tract,” south of 34th Avenue along Lawrence Street and Marguerite Street. District No. 3 was established in 1983 to provide funding for the installation, operation and maintenance of street lighting along Lawrence Street and Marguerite Street, shown in the Vicinity Map below:
District No. 3 Vicinity Map
Crossley Tract
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City Council Staff Report
June 10, 2026 – Page 5
Street Lighting and Parkway Maintenance Districts.
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2. Parkway Maintenance District No. 6A consists of 25 commercial and industrial properties located in the “Fairport Development,” between Chia Road and Tachevah Drive, west of Gene Autry Trail. District No. 6A was established in 1980 to provide funding for the maintenance of parkway landscaping along the south side of Chia Road as shown in the Vicinity Map below:
District No. 6A Vicinity Map
Fairport Development
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City Council Staff Report
June 10, 2026 – Page 6
Street Lighting and Parkway Maintenance Districts.
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3. Parkway Maintenance District No. 6C consists of 30 residential parcels located in the “Park Sonora Tract,” on the east side of El Cielo Road along Sonora Road, Loma Vista Circle and San Marin Circle. District No. 6C was established in 1980 to provide funding for the maintenance of parkway landscaping along the east side of El Cielo Road along the frontage of the Park Sonora Tract, shown in the Vicinity Map below:
District No. 6C Vicinity Map
Park Sonora Tract
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City Council Staff Report
June 10, 2026 – Page 7
Street Lighting and Parkway Maintenance Districts.
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4. Parkway Maintenance District No. 7 consists of 53 residential parcels located in the “Sunrise Norte Tract,” on the north side of San Rafael Drive west of Sunrise Way, located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road, and Twin Star Road. District No. 7 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive along the frontage of the Sunrise Norte Tract, shown in the Vicinity Map below:
District No. 7 Vicinity Map
Sunrise Norte Tract
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City Council Staff Report
June 10, 2026 – Page 8
Street Lighting and Parkway Maintenance Districts.
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5. Parkway Maintenance District No. 8 consists of 62 residential parcels located in the “Vintage Palms Tract,” on the north side of San Rafael Drive and the east side of Avenida Caballeros. District No. 8 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive and the east side of Avenida Caballeros along the frontage of the Vintage Palms Tract, shown in the Vicinity Map below:
District No. 8 Vicinity Map
Vintage Palms Tract
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City Council Staff Report
June 10, 2026 – Page 9
Street Lighting and Parkway Maintenance Districts.
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6. Parkway Maintenance District No. 9 consists of 77 residential parcels located in the “Flora Vista Tract,” on the south side of Racquet Club Road, the west side of Sunrise Way, and the north side of Via Escuela. District No. 9 was established in 1997 to provide funding for the maintenance of parkway landscaping along the west side of Sunrise Way along the frontage of the Flora Vista Tract, shown in the Vicinity Map below:
District No. 9 Vicinity Map
Flora Vista Tract
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City Council Staff Report
June 10, 2026 – Page 10
Street Lighting and Parkway Maintenance Districts.
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7. Parkway Maintenance District No. 10, Zone 1, consists of 308 residential parcels located in the “Mountain Gate (Phase 1),” development on the east side of N. Palm Canyon Drive and north of Gateway Drive. District No. 10, Zone 1, was established in 2003 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, the north side of Gateway Drive, and drainage basins along East Gate Road, shown in the Vicinity Map below:
District No. 10 – Zone 1 Vicinity Map
Mountain Gate (Phase 1)
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City Council Staff Report
June 10, 2026 – Page 11
Street Lighting and Parkway Maintenance Districts.
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8. Parkway Maintenance District No. 10, Zone 2, consists of 196 residential parcels located in the “Mountain Gate (Phase 2),” development on the east side of N. Palm Canyon Drive. District No. 10, Zone 2, was established in 2005 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, shown in the Vicinity Map below:
District No. 10 – Zone 2 Vicinity Map
Mountain Gate (Phase 2)
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City Council Staff Report
June 10, 2026 – Page 12
Street Lighting and Parkway Maintenance Districts.
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9. Landscape Maintenance District No. 12 consists of 6 commercial parcels located in the “Smoke Tree Commons” shopping center on the south side of E. Palm Canyon Drive and west side of Barona Road. District No. 12 was established in 2008 to provide funding for the maintenance of median landscaping within E. Palm Canyon Drive between Cerritos Drive and Farrell Drive, shown in the Vicinity Map below:
District No. 12 Vicinity Map
Smoke Tree Commons
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City Council Staff Report
June 10, 2026 – Page 13
Street Lighting and Parkway Maintenance Districts.
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ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The above- mentioned requested actions, are exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
The CPI increase for Fiscal Year 2026-27 is 3.09%.
District Nos.10 Zone 1, 10 Zone 2, and 12, had a CPI increase of 3.09% to their maximum assessment rate. The assessments for Fiscal Year 2026-2027 are proposed to increase by 5% over the prior year’s assessment rates. The proposed assessment rates are below the maximum allowable assessment rates. The 5% increase does not trigger a Proposition 218 election and may be adjusted each year to meet budget needs.
District Nos. 3 and 8 had a 5% increase to their assessment for Fiscal Year 2026-27, since they were not at their maximum assessment. This increase does not trigger a Proposition 218 election and may adjust each year to meet budget needs.
The intent is to build and maintain an adequate surplus to provide the required service.
There are specific times when an unexpected event occurs. Staff will utilize additional built-up surplus to address these unexpected events.
The City will receive an estimated $78,223 in additional revenue for Fiscal Year 2026- 2027 compared to Fiscal Year 2025-2026, offsetting ongoing expenditures.
Beginning with Fiscal Year 2026-27 staff will be assigning individual financial account numbers for each specific district, to allow for improved transparency and tracking of costs and revenues received.
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City Council Staff Report
June 10, 2026 – Page 14
Street Lighting and Parkway Maintenance Districts.
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The following summarizes the fiscal status of each District:
District
Budgeted
Expenses
Reserve
Fund
Contribution
FY 26-27
Levy
Street Lighting Maintenance District No. 3
(Crossley Tract) $3,004 ($244) $2,760
Parkway Maintenance District No. 6A
(Fairport Development) $25,253 ($20,099) $5,153
Parkway Maintenance District No. 6C
(Park Sonora Tract) $22,104 ($9,737) $12,368
Parkway Maintenance District No. 7
(Sunrise Norte) $28,260 ($4,514) $23,746
Parkway Maintenance District No. 8
(Vintage Palms) $36,718 ($17,284) $19,433
Parkway Maintenance District No. 9
(Flora Vista) $30,820 ($13,412) $17,408
Parkway Maintenance District No. 10,
Zone 1 (Mountain Gate 1) $132,074 ($62,284) $69,790
Parkway Maintenance District No. 10,
Zone 2 (Mountain Gate 2) $169,460 $12,713 $182,173
Landscape Maintenance District No. 12
(Smoke Tree Commons) $46,491 ($26,338) $20,153
Total $494,185 ($141,200) $352,985
Approval of this action is the first step to formally levying special assessments in the City’s Street Lighting and Parkway Maintenance Districts, with reserve fund contributions budgeted through LLMD account 1413060. In accordance with the Engineer’s Reports prepared for each Maintenance District, at the public hearing to be held on June 24, 2026, the City Council will consider levying special assessments to collect revenue to pay for expenditures incurred within each District, as identified below and on the following page:
District
Maximum
Rate
Applied
Rate
% of
Maximum
Street Lighting Maintenance District No. 3
(Crossley Tract) $57.11 $36.80 64.44%
Parkway Maintenance District No. 6A
(Fairport Development) $166.25 $166.24 99.99%
Parkway Maintenance District No. 6C
(Park Sonora Tract) $412.26 $412.26 100.00%
Parkway Maintenance District No. 7
(Sunrise Norte) $448.05 $448.04 100.00%
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City Council Staff Report
June 10, 2026 – Page 15
Street Lighting and Parkway Maintenance Districts.
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District
Maximum
Rate
Applied
Rate
% of
Maximum
Parkway Maintenance District No. 8
(Vintage Palms) $449.88 $313.44 69.67%
Parkway Maintenance District No. 9
(Flora Vista) $226.08 $226.08 100.00%
Parkway Maintenance District No. 10
Zone 1 (Mountain Gate 1) $589.69 $225.42 38.23%
Parkway Maintenance District No. 10
Zone 2 (Mountain Gate 2) $932.68 $919.60 98.60%
Landscape Maintenance District No. 12
(Smoke Tree Commons) $1,174.01 $1,114.68 94.95%
The proposed assessment rates for the subject Fiscal Year are lower or equal to the maximum assessment rates previously approved by property owner petition or balloting, in accordance with the provisions of Proposition 218.
REVIEWED BY:
Director of Public Works: David McAbee
Director of Finance & Treasurer: Kristopher J. Mooney
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution No. 1 - Preliminary Approval of Engineer’s Reports B. Resolution No. 2 - Intention to Conduct Public Hearing C. Engineer’s Reports
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ATTACHMENT “A”
Preliminary Approval of Engineer’s Reports
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RESOLUTION NO. _____
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND
GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT
REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3,
AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9,
AND 10 (ZONES 1 AND 2) , AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND
THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL
YEAR 2026/2027 (JULY 1, 2026 TO JUNE 30, 2027)
W
HEREAS, the City Council of the City of Palm Springs, California, (hereinafter the “City Council”), has by previous Resolution established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance District No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”) , and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referred to as the “Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and
W
HEREAS, §22566 and §22622 of the Act requires the preparation of an Engineer’s Report to determine and adjust the annual assessment rates for the Districts; and W
HEREAS, the Districts include existing street lighting improvements, or existing streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and improvements within non- contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs; and W
HEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay costs for the maintenance and services of all improvements and facilities related thereto; and
W
HEREAS, the City Engineer , or designee, has prepared an Engineer’s Report (hereafter referred to as the “Report”) in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by the passage of Proposition 218, also referred to as “The Right to Vote on Taxes Act,” as approved by the voters of the State of California on November 5, 1996; and
W
HEREAS, there has now been presented to the City Council the Report for each of the Districts for the Subject Fiscal Year; and
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Resolution No.
Subject Fiscal Year: 2026/2027
WHEREAS, the City Council has carefully examined and reviewed the Report for each of the Districts as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties wi thin the Districts will receive from the improvements, operation, maintenance and services to be performed as part of the Districts, as set forth in said Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The preceding recitals are all true and correct.
Section 2: The City Engineer, or designee, is hereby ordered to prepare and appropriately file an Engineer’s Report for the Districts required to determine and adjust the assessments therein each District for the Subject Fiscal Year in accordance with §22566 and §22622 of the Act. The Engineer’s Report for each District shall be filed with the City Clerk for submission to the City Council.
Section 3: The improvements to be operated and maintained by the Districts generally include the operation, administration, maintenance, and servicing of street lighting, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and expenses associated with the Districts that will be maintained by the City of Palm Springs through annual assessments.
Section 4: The improvements to be maintained by the City of Palm Springs for the Subject Fiscal Year are substantially the same as the improvements provided and maintained in the previous Fiscal Year and the Engineer’s Report for each District prepared in connection therewith shall describe the improvements as required by the Act, and as presented, consists of the following:
1) A description of the District and its improvements.
2) A Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements; and the calculations used to establish each parcel’s proportional special benefit assessment for the Subject Fiscal Year.
3) An annual budget that outlines the costs and expenses to service, and maintain the improvements, including incidental expenses, as authorized by the Act.
4) An Assessment Diagram that identifies the lots, parcels and properties included within the boundaries of the District.
5) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District, and the proportional maximum assessment for the Subject Fiscal Year.
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Resolution No.
Subject Fiscal Year: 2026/2027
Section 5: The Engineer’s Report for each District shall reflect provisions and related assessments in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by the passage of Proposition 218, also referred to as “The Right to Vote on Taxes Act,” as approved by the voters of the State of California on November 5, 1996.
Section 6: The Engineer’s Report for each District is hereby approved on a preliminary basis (as submitted or amended), and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 7: The proposed assessments for the Subject Fiscal Year are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).
Section 8: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report for each District.
ADOPTED THIS 10
th DAY OF JUNE, 2026.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
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Resolution No.
Subject Fiscal Year: 2026/2027
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 10, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
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ATTACHMENT “B”
Intention to Conduct Public Hearing
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
CONDUCT A PUBLIC HEARING ON JUNE 24 , 20 26,
REGARDING STREET LIG HTING MAINTENANCE DISTRICT
NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C,
7, 8, 9, AND 10 (ZONES 1 AND 2) , AND LANDSCAPE
MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2026/2027 (JULY 1, 2026 TO JUNE 30, 2027)
WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter the “City Council”), has by previous Resolution established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance District No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”), and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referred to as the “Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and
WHEREAS, an Engineer’s Report for each District , (hereafter referred to as the “Report”), has been prepared and filed with the City Clerk of the City of Palm Springs, (hereafter referred to as the “City Clerk”), and the Report identifies the levy of assessments for Fiscal Year 2026/2027 (hereafter referred to as the “Subject Fiscal Year” ) in accordance with the Act; and the City Council did by previous Resolution preliminarily approve each Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within each District for the Subject Fiscal Year in accordance with §22624 of the Act.
Section 2: The territory of land within each District consi sts of non -contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs, and a full and complete listing of parcels within each District is included in the Report on file with the City Clerk.
Section 3: The improvements include the operation, maintenance and servicing of existing street lighting, or streetscape landscaping including parkways and medians as well as public
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Resolution No.
Subject Fiscal Year: 2026/2027
landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and improvements to be provided by the City of Palm Springs in connection with the improvements installed within each District. Detailed maps and descriptions of the location and extent of the improvements to be maintained are included as part of the Report for each District, and by reference is made part of this Resolution.
Section 4: The proposed assessments for each District are outlined in the Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within each District, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).
Section 5: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with §22625 of the Act.
Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify t he property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 6: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 24, 2026, at 6:00 P.M., or as soon thereafter as feasible in the Council Chamber at City Hall, located at 3200 East Tahquitz Canyon Way, Palm Springs, California.
Section 7: In accordance with §22552 and §22553 of the Act, the City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act.
ADOPTED THIS 10
th DAY OF JUNE, 2026.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
CERTIFICATION
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Resolution No.
Subject Fiscal Year: 2026/2027
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Brenda Pree, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 10, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
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1 4
0 8
ATTACHMENT “C”
Preliminary Engineer’s
Report Per District
https://publicportal.palmspringsca.gov/WebLink/DocV
iew.aspx?id=1458181&dbid=0&repo=CityHall-Primary
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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: AWARD CONSTRUCTION CONTRACTS FOR ON-CALL PLUMBING
MAINTENANCE AND INSTALLATION SERVICES TO URBAN WORX
CONSTRUCTION, INC., AND PRO-CRAFT CONSTRUCTION, INC.
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will award construction contracts to Urban Worx Construction, Inc., in the amount of $960,000 and Pro-Craft Construction, Inc., in the amount of $640,000 for on- call plumbing maintenance and installation services for an initial three-year term.
RECOMMENDATION:
1) Approve Construction Contract No. 26B086 (Attachment A) with Urban Worx Construction, Inc., to provide on-call plumbing maintenance and installation services in an amount not to exceed $960,000 for an initial three-year term commencing on June 11, 2026, and continuing through June 10, 2029, with two one-year extension options at the City’s sole discretion; 2) Approve Construction Contract No. 26B087 (Attachment B) with Pro-Craft Construction, Inc., to provide on-call plumbing maintenance and installation services in an amount not to exceed $640,000 for an initial three-year term commencing on June 11, 2026, and continuing through June 10, 2029, with two one-year extension options at the City‘s sole discretion; 3) Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure forms (Attachment C) submitted in April of 2026, Urban Worx Construction, Inc., and Pro-Craft Construction, Inc., are registered in the state of California.
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City Council Staff Report
June 10, 2026 -- Page 2
Construction Contracts for On-Call Plumbing Maintenance and Installation Services 8 4
7 BACKGROUND:
The Public Works Department requires qualified and properly licensed contractors to provide on-call plumbing maintenance, repairs, and installation services to support City- owned buildings and facilities.
These agreements provide the Public Works Department with the resources needed to ensure that the City’s diverse portfolio of buildings, including historic and high-profile civic facilities, remain functional, accessible, and well-maintained. The on-call nature of these contracts allow staff to respond quickly to repair needs, minimize disruptions to City operations, and extend the useful life of key assets throughout Palm Springs.
On July 9, 2024, the City Council approved Contract Services Agreement 24B129 with Kincaid Industries, Inc. for Citywide on-call plumbing maintenance and installation services in the amount of $900,000 for an initial three-year term beginning on July 15, 2024, through July 14, 2027, with two optional one-year extensions. However, Kincaid Industries has recently gone out of business, requiring staff to solicit bids for a new contractor.
To provide greater flexibility and redundancy in service delivery, staff recommend awarding two contracts for these services, with a primary and a secondary, to ensure continued availability of plumbing maintenance, repairs, and installation services without interruption.
STAFF ANALYSIS:
The contracts with Urban Worx Construction, Inc., and Pro-Craft Construction, Inc., are on-call, as-needed type contracts. The bids were used to determine the lowest, responsive, responsible bidders and to set the unit rates for the contracts; however, the actual amount of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
On April 6, 2026, the Procurement and Contracting Department issued an Invitation for Bids (IFB 26-07) for on-call plumbing maintenance and installation services based on the specifications provided by the Public Works Department. IFB 26-07 was advertised in the local newspaper, published on the PlanetBids website with notification to 7 registered vendors. This outreach resulted in the submission of 3 bids.
The following contractors submitted bids for consideration by the May 7, 2026, deadline:
Urban Worx Construction, Inc. – Palm Desert, CA $1,633,980.00 Pro-Craft Construction, Inc. – Redlands, CA $1,746,730.00 DM Dobkin, Inc. – Palm Desert, CA $1,905,200.00
The Department’s intent for this solicitation is to award two contracts to the lowest,
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City Council Staff Report
June 10, 2026 -- Page 3
Construction Contracts for On-Call Plumbing Maintenance and Installation Services 8 4
7 responsive and responsible bidders. Urban Worx Construction, Inc., will be the primary contractor and Pro-Craft Construction, Inc. will be the secondary. The department will reach out to the primary contract holder first and if they are unable to perform the work, the department will reach out to the secondary contract holder. The unit pricing is fixed for the first year and subject to a CPI increase in the following years.
Therefore, staff recommend approval of Construction Contracts (26B086) with Urban Worx Construction, Inc., and (26B087) with Pro-Craft Construction, Inc. for on-call plumbing maintenance and installation services for the initial three-year term in the amounts not to exceed $960,000 and $640,000 respectively, effective June 11, 2026, through June 10, 2029, subject to two one-year optional renewals at the sole discretion of the City.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
The total not to exceed amount of both contracts for the initial three-year term is $1,600,000. This includes $960,000 for Urban Worx Construction, Inc., and $640,000 for Pro-Craft Construction, Inc.
Funding is available in both the current Fiscal Year 2025-26 and 2026-27 budgets and will be budgeted in subsequent years.
Public Works:
5206570-40105 & 50115, 50119
5503245-50115
Measure J 2603080-80000
Measure J Deferred Maintenance: 2603205-50119
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City Council Staff Report
June 10, 2026 -- Page 4
Construction Contracts for On-Call Plumbing Maintenance and Installation Services 8 4
7 REVIEWED BY:
Assistant Director of Public Works: Daniel Martinez
Director of Public Works: David McAbee
Procurement and Contracting Manager: Tabitha Richards
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Construction Contract (26B086) – Urban Worx, Inc.
B. Construction Contract (26B087) – Pro-Craft Construction, Inc.
C. Public Integrity Disclosure Forms
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A
TTACHMENT “A”
Urban Worx Agreement 26B086
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55575.18100\42920836.2
Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
-
SHORT FORM CONSTRUCTION CONTRACT 26B086
ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES
1. PARTIES AND DATE.
This Contract is made and entered into this day of June 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and URBAN WORX CONSTRUCTION, Inc., a California corporation(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing On-Call Plumbing Maintenance and Installation related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-36.
2.3 Project. City desires to engage Contractor to render such services for the On-Call Plumbing Maintenance and Installation services (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond, 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 Nine Hundred Sixty Thousand Dollars and Zero Cents ($960,000.00) (“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
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since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
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3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Period of Performance and Liquidated Damages.
3.2.1 Contractor shall perform and complete all Work under this Contract within the three (3) year term, 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 Five Hundred Dollars and Zero Cents ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the 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.
3.2.3 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
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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.
3.3 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”)
Schedule of Compensation (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”)
Fleet Compliance Certification (Exhibit “H”)
Addenda
Change Orders executed by the City
Notice Inviting Bids, if any
Instructions to Bidders, if any
Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.4 Contractor’s Basic Obligation; Scope of Work.
3.4.1 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 schedule of compensation 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.
3.4.2 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. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order
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due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.4.3 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.
3.4.4 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.
3.4.5 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.
3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials,
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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.
3.6 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
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respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City 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 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at
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all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, 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
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water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as 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.
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Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing 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 itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a
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detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or 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 shall 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 air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H” may render the Bid non-responsive.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all
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Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process 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
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damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide
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a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
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 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
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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.
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.
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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 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 consequential damages, 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.
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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 Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.
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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 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, 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.
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3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy 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.
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
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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 “F” 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 “F” 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 becomes 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 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
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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.
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
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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.
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3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.
3.20.3 Covenant 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 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates City Manager, or their 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
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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:
To City : City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor : Urban Worx Construction, Inc.
Attention: James Henderson
39203 Leopard Street, Ste B
Palm Desert, CA 92211
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.
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3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
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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. [Signatures on Next Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND URBAN WORX CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By
Date
Signature
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: Item No.
APPROVED AS TO FORM: ATTEST:
By
By
City Attorney City Clerk
APPROVED:
By Date
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SERVICES / SCHEDULE
1. Background:
The City requires the services of a contractor to provide on-call plumbing maintenance and installation services at various City of Palm Springs Buildings and Facilities.
2. Scope:
A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. This may include project estimation and budgeting of work.
B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.
C. The Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work. a. The Contractor shall be solely responsible for correcting any damages caused by on-site work, due to improperly protecting property.
D. Response time: The Contractor shall respond to calls for service as follows:
a. The Contractor shall respond to department within 48 hours from request for work. i. Requests for proposals shall be provided within 14 days from the initial request. b. The Contractor shall respond to emergency calls for service or repair within twenty- four (24) hours. Emergency responses include weekends, after-hours and holidays.
E. The Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.
F. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.
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c. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.
G. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.
H. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.
I. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.
The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.
J. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.
K. Security:
a. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. b. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.
L. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.
M. Uniforms and vehicles:
a. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the
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Contractor. Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.
b. Contractor vehicles must display company logo and name.
N. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract.
3. Pricing:
A. The pricing included in this Contract shall be firm for the first year.
B. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.
C. Project work will be authorized on a Task Order basis. The City will request a scope of work and the Contractor will provide a proposal/quote that corresponds to the pricing detailed in the bid form. The City will authorize the work via a signed Task Order form and corresponding release purchase order.
D. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials.
The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
4. Payment:
The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.
5. Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].
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6. Special Security Requirements:
A. Police Department:
a. Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.
B. Airport Secured Access to work areas:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
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14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.
C. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.
Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.
D. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “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.
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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.
URBAN WORX CONSTRUCTION, INC.
By:
Signature
Name (print)
Title (print)
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Urban Worx Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for on- call plumbing maintenance and installation services (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 11, 2026, (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, Urban Worx Construction, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Nine Hundred Sixty Thousand Dollars and Zero Cents, ($960,000.00), 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, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during 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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
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Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other: Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed June 10, 2026, has awarded to Urban Worx Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Plumbing Maintenance and Installation Services (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 11, 2026 (“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 __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Nine Hundred Sixty Thousand Dollars and Zero Cents ($960,000.00) 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 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
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scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other: Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXHIBIT “G”
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Exhibit G
Fleet Compliance Certification.
Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Contractor: _____________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
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ATTACHMENT “B”
Pro-Craft Construction Inc.
Agreement 26B087
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-
SHORT FORM CONSTRUCTION CONTRACT 26B087
ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES
1. PARTIES AND DATE.
This Contract is made and entered into this day of June 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and PRO-CRAFT, Inc., a California corporation(“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. RECITALS.
2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing On-Call Plumbing Maintenance and Installation related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: C-36.
2.3 Project. City desires to engage Contractor to render such services for the On-Call Plumbing Maintenance and Installation services (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond, 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 Six Hundred Forty Thousand Dollars and Zero Cents ($640,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.1.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.
On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall
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be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.1.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.
3.1.4 Contract Retentions. If this Contract is greater than Five Thousand dollars ($5,000), from each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.1.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.1.6 Substitutions for Contract Retentions. Pursuant to California Public Contract Code section 22300, Contractor may substitute securities for any money withheld by the City to ensure the performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, with the State or a federally chartered bank as the escrow agent, who shall return such securities to Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City, which provides that no portion of the securities shall be paid to Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City shall certify that the Contract has been satisfactorily completed within sixty (60) days of work "completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest-bearing demand deposit accounts, stand-by letters of credit, or any other security mutually agreed to by Contractor.
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3.1.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.
3.1.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.1.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.2 Period of Performance and Liquidated Damages.
3.2.1 Contractor shall perform and complete all Work under this Contract within the three (3) year term, 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 Five Hundred Dollars and Zero Cents ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the 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.
3.2.3 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
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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.
3.3 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”)
Schedule of Compensation (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”)
Fleet Compliance Certification (Exhibit “H”)
Addenda
Change Orders executed by the City
Notice Inviting Bids, if any
Instructions to Bidders, if any
Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.4 Contractor’s Basic Obligation; Scope of Work.
3.4.1 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 schedule of compensation 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.
3.4.2 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. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order
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due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.4.3 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.
3.4.4 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.
3.4.5 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.
3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials,
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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.
3.6 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
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respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City 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 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at
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all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, 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
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water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as 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.
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Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing 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 itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.10.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.10.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a
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detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.10.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or 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 shall 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 air pollution control district or air quality management district with jurisdiction (Air District) and/or California Air Resources Board (CARB). Although the Air District and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by Air District and CARB to include any item of equipment with a fuel-powered engine.
The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.
Contractors and Subcontractors are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Contractors must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein in “Exhibit H” may render the Bid non-responsive.
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all
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Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the District. Contractor shall indemnify District against any fines or penalties imposed by Air District, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.10.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.10.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.
3.10.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.
Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.
3.11 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.12 Claims; Government Code Claim Compliance.
3.12.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process 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
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damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
3.12.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.12.4 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.12.4.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
3.12.4.2 List of documents relating to claim:
A. Specifications
B. Drawings
C. Clarifications (Requests for Information)
D. Schedules
E. Other
3.12.4.3 Chronology of events and correspondence
3.12.4.4 Analysis of claim merit
3.12.4.5 Analysis of claim cost, including calculations and supporting documents
3.12.4.6 Time impact analysis in CPM format
3.12.4.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.12.4.8 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide
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a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
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 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
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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.
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.
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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 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 consequential damages, 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.
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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 Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract.
3.15.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 general aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project.
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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 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, 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.
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3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy 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.
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
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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 “F” 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 “F” 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 becomes 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 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
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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.
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
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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.
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3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.
3.20.3 Covenant 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 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates City Manager, or their 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
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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:
To City : City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor : Pro-Craft Construction, Inc.
Attention: Leslie Kussman
500 Iowa Street
Redlands, CA 92373
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.
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3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
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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. [Signatures on Next Page]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PRO-CRAFT CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By Date
Signature
By
Date
Signature
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL: Date: Item No.
APPROVED AS TO FORM: ATTEST:
By
By
City Attorney City Clerk
APPROVED:
By Date
City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
SERVICES / SCHEDULE
1. Background:
The City requires the services of a contractor to provide on-call plumbing maintenance and installation services at various City of Palm Springs Buildings and Facilities.
2. Scope:
A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. This may include project estimation and budgeting of work.
B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.
C. The Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work. a. The Contractor shall be solely responsible for correcting any damages caused by on-site work, due to improperly protecting property.
D. Response time: The Contractor shall respond to calls for service as follows:
a. The Contractor shall respond to department within 48 hours from request for work. i. Requests for proposals shall be provided within 14 days from the initial request. b. The Contractor shall respond to emergency calls for service or repair within twenty- four (24) hours. Emergency responses include weekends, after-hours and holidays.
E. The Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.
F. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.
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c. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.
G. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.
H. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.
I. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.
The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.
J. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.
K. Security:
a. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. b. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.
L. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.
M. Uniforms and vehicles:
a. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the
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Contractor. Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.
b. Contractor vehicles must display company logo and name.
N. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract.
3. Pricing:
A. The pricing included in this Contract shall be firm for the first year.
B. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.
C. Project work will be authorized on a Task Order basis. The City will request a scope of work and the Contractor will provide a proposal/quote that corresponds to the pricing detailed in the bid form. The City will authorize the work via a signed Task Order form and corresponding release purchase order.
D. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials.
The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.
4. Payment:
The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.
5. Invoicing:
Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].
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6. Special Security Requirements:
A. Police Department:
a. Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.
B. Airport Secured Access to work areas:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
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14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.
C. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.
Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.
D. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “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.
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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.
PRO-CRAFT CONSTRUCTION, INC.
By:
Signature
Name (print)
Title (print)
Title (Print)
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EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
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EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to Pro- Craft Construction, Inc., (hereinafter referred to as the “Contractor”) an agreement for on-call plumbing maintenance and installation services (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 11, 2026, (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, Pro-Craft Construction, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Six Hundred Forty Thousand Dollars and Zero Cents, ($640,000.00), 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, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during 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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
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(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
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Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other: Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed June 10, 2026, has awarded to Pro-Craft Construction, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
On-Call Plumbing Maintenance and Installation Services (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 11, 2026 (“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 __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Six Hundred Forty Thousand Dollars and Zero Cents ($640,000.00) 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 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
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scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
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) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other: Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXHIBIT “G”
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Exhibit G
Fleet Compliance Certification.
Contractor hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Contractor hereby certifies, subject to penalty for perjury, that the option checked below relating to the Contractor’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Contractor and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).
The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Contractor: _____________________________________________
Signature: __________________________________________________
Name: __________________________________________________
Title: __________________________________________________
Date: __________________________________________________
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ATTACHMENT “C”
Public Integrity Disclosure
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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__________________________
Urban Worx Construction, Inc.
39203 Leopard St #B Palm Desert, CA 92211
California
James Henderson
John Doyle
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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
John Doyle
19%, Urban Worx Construction, Inc.
James Henderson
81% Urban Worx Construction, Inc.
5/6/26
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CITY COUNCIL STAFF REPORT
DATE: JUNE 10, 2026 CONSENT CALENDAR
SUBJECT: RESOLUTION OF INTENTION TO LEVY ASSESSMENTS WITHIN THE
PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT
DISTRICT AND SETTING A TIME AND PLACE FOR THE PUBLIC
HEARING; REVIEW AND APPROVAL OF REPORT OF THE TOURISM
BUSINESS IMPROVEMENT DISTRICT (TBID) ADVISORY BOARD,
FISCAL YEAR 2026-2027
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:
The City Council will consider adopting a Resolution of Intention (Attachment A) to levy and collect assessments for the Palm Springs Small Hotel Tourism Business Improvement District and setting the public hearing for June 24, 2026.
RECOMMENDATION:
1) Review and approve Report of the Tourism Business Improvement District (TBID) Advisory Board, Fiscal Year 2026-2027; and
2) Adopt a Resolution entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
LEVY AND COLLECT ASSESSMENTS WITHIN THE PALM SPRINGS SMALL
HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING”.
STAFF ANALYSIS:
On November 16, 2016, the City Council adopted Ordinance No. 1903 establishing the Palm Springs Small Hotel Tourism Business Improvement District (TBID), and on November 2, 2016, adopted Resolution No. 24127 authorizing the levy of assessments.
TBID is a special benefit assessment district that was established by the City Council, under existing State Law1, for the specific purpose of funding improvements and activities 1 Parking and Business Improvement Area Law of 1989, Cal Streets and Highways Code §36500et seq.
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City Council Staff Report
June 10, 2026 -- Page 2
Small Hotel Tourism BID
to improve a specific business area and promote tourism within the area in question. The TBID assessment is not on real property, and therefore not subject to Proposition 218.
This mechanism is also in place on larger hotels with an assessment to fund the Greater Palm Springs Convention and Visitors Bureau (GPSCVB). The establishment and function of the TBID do not impact or pertain to the current GPSCVB assessment.
The TBID Advisory Board has submitted its report for Fiscal Year 2026-27 (Attachment B) and is recommending the continuation of the 1% assessment on room revenue. The boundaries of the district are citywide, but the assessments would be limited to hotels of 49 rooms or less, of which there are approximately 98 small hotels in Palm Springs.
The activities authorized by Ordinance No. 1903 include: (i) the promotion of tourism within the District; (ii) the promotion of public events that benefit hotel and motel businesses operating in the District; (iii) furnishing of music in any public place in the District; and (iv) activities that benefit hotel and motel businesses located and operating in the District. The report is on file with the City Clerk’s Office and contains a full and detailed description of: (i) the activities to be provided for the 2026/27 fiscal year; (ii) the boundaries of the District; and (iii) the proposed assessments to be levied upon the businesses within the area for that fiscal year.
In order to levy the assessments, state law requires that the City Council first approve the attached report, then adopt a resolution of intention, declaring the City Council’s intent to levy and collect the assessments. Among other things, the resolution of intention must fix a time and place for a public hearing to be held by the City Council on the levy of the proposed assessments for the fiscal year. That public hearing must be held not less than 10 days after the adoption of the resolution of intention. In addition, state law requires the City Clerk to give notice of the public hearing by causing the resolution of intention to be published in a newspaper of general circulation in the City, not less than 7 days before the public hearing.
The attached resolution of intention contains the information required by state law.
FISCAL IMPACT:
Based upon the current assessment information, the assessment will generate approximately $900,000 in FY 2026-27 of restricted funds, for the specific purpose of advancing the TBID’s interests.
The City incurred costs in establishing the TBID in FY 2017-18 and will continue to incur costs in annually sustaining the TBID. These annual costs include mailings, hearings, notifications, related staff and research time. TBID administration includes collection, distribution, and auditing of the assessment, annual report preparation, and City staff time. All administrative staff time and costs are reimbursed from the proceeds of the assessment.
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City Council Staff Report
June 10, 2026 -- Page 3
Small Hotel Tourism BID
The Director of Finance estimates the cost to process monthly assessment returns and payments, collection of monthly assessment returns, annual administrative costs to prepare the notices, and conducting the public hearing to renew the TBID will be approximately $50,000 for FY 2026-27.
REVIEWED BY:
Department Director: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Annual TBID Report for FY 2026-27
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ATTACHMENT A
Resolution
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO LEVY ASSESSMENTS FUNDING THE
PALM SPRINGS SMALL HOTEL TOURISM
BUSINESS IMPROVEMENT DISTRICT, AND SETTING
JUNE 24, 2026, FOR THE PUBLIC HEARING
WHEREAS, the City of Palm Springs is a charter city organized and existing under the laws of the State of California (the “City”); and
WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code sections 36500 et seq. (the “Act”) authorizes the City to improve a specific business area and promote tourism within the area in question, and to impose assessments on businesses for those purposes; and WHEREAS, on November 16, 2016, the City Council of the City adopted Ordinance 1903, adding Chapter 5.83 to the Palm Springs Municipal Code, and establishing the Palm Springs Small Hotel Tourism Business Improvement District (the “TBID”); and WHEREAS, on June 10, 2026, the Council considered and approved an annual TBID report identifying activities planned for fiscal year 2026-27 and consistent with the requirements of Ordinance 1903 and the Act.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
1. The City Council hereby approves the recitals above as true and correct findings, incorporates those findings herein inclusive of all defined terms, and pursuant to the Act, declares its intention to levy and collect assessments within the TBID, a citywide district limited to hotels of forty-nine (49) rooms or less, for fiscal year 2026-27.
2. The programs funded by the TBID shall be for the promotion of the business activity of designated motel and hotels within the district. TBID activities shall include the promotion of tourism in the district, the promotion of public events that benefit motels and hotels operating in the district, the furnishing of music in any public place in the district, and activities that benefit hotel and motel businesses in the district, and possible physical improvements.
3. No changes are proposed as to the TBID’s boundaries, which are co-extensive with the City limits of the City of Palm Springs, or as to the method and basis of levying assessments as established in Ordinance 1903 for fiscal year 2016-17, to wit, the assessment shall be at the rate of one percent (1%) of each day's daily gross revenue of room rents received by hotels and motels subject to the assessment for Fiscal Year 2026-27, from July 1, 2026, through June 30, 2027.
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Resolution No.