SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS
1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with on-call civil engineering plan check services. The scope of work will consist of providing on-call civil engineering professional services as necessary to complete review and approvals of various plans, maps, and studies for the City.
1.2. Term
The existing civil engineering plan-check services contract is due to expire on June 30, 2026. The firm secured through this solicitation is anticipated to initiate services starting July 1, 2026, and continuing through June 30, 2031, for a five-year term. The City intends to award as many as two contracts for plan checking services.
1.3. Schedule
The following is the schedule for this procurement:
Activity Due/Time
Request for Qualifications Issued March 30, 2026
Pre-Qualification Conference
Tuesday, April 7, 2026, at 9:00 am
PDT
Requests for Clarifications from Responders
are due
Tuesday, April 14, 2026, at 2:00 pm
PDT
Responses to Requests for Clarification will
be posted via Addendum Tuesday, April 21, 2026
Statements of Qualifications are Due Tuesday, April 28, 2026, at 2:00 pm PDT
Interviews (if necessary) May 2026 (week of May 11, 2026) Recommendation/Selection (tentative) May 2026
Projected Date for Award of Contract/ PO June 2026
1.4. Procurement Officer and Delivery Address:
Tabitha Richards
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8368
Email: [email protected]
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SECTION 2 – INSTRUCTIONS TO RESPONDERS
2.1. Obtaining RFQ Documents and Addenda:
RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Responders will then need to log in and locate this RFQ for all related documents. It is the Responders responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ.
2.2. Pre-Qualification Conference:
A Pre-Qualification Conference will be held as follows:
Date: TUESDAY, APRIL 7, 2026
Time: 9:00 am PDT
Location: Virtually. - Interested participants who wish to participate in the Prequalification conference by either requesting a link to attend via email to:
[email protected] or by following the directions below:
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/21329691817216?p=vOeJqlFz2dYJvHnFr7 Meeting ID: 213 296 918 172 16
Passcode: sX29ia3o
Dial in by phone
+1 872-239-6004,,883019907# United States, Chicago
Phone conference ID: 883 019 907#
Find a local number | Reset dial-in PIN
All Responders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.
2.3. Responder’s Minimum Requirements:
A. Experience: The Responder must have at least ten (10) years’ experience in providing plan check services and preparation of civil engineering plans for municipal government, private development, and public works projects in the last twenty (20) years. Responders shall outline this experience in Section A of the statement of qualifications.
B. Knowledge: The City of Palm Springs relies on the professionalism and competence of the selected firm(s) to be knowledgeable of the general areas identified in the scope of work. The Respondent must have knowledge of civil engineering, traffic engineering, surveying, and all associated legal requirements under California, County and local laws. Responders shall outline this knowledge in Section A of the statement of qualifications
C. License Requirements: Responder must have on staff at least one of each of the following: a California registered Civil Engineer, a California registered Land Surveyor or a Civil Engineer licensed prior to January 1, 1982, and a California registered Traffic Engineer. Each shall be capable of performing all associated plan checking,
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City Surveyor, and Traffic Engineer services associated with the scope of work.
Responders shall submit required licenses with Attachment A.
D. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter
3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.
2.4. Submission of Statements of qualifications:
1. Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule.
The receiving time date stamp in the electronic Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Requests for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process.
Failure to acknowledge Addenda may render a statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications.
Statement of Qualification files shall be clearly labeled per the instructions provided and submitted electronically.
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SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT
3.1. Request for Clarifications/Questions:
A. Questions are to be submitted through PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.
B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding.
Oral and other interpretations or clarifications will be without legal or contractual effect.
3.2. Responders Ethical Behavior:
Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a statement of qualifications.
3.3. Statements of Qualifications to Remain Open:
The Responder shall guarantee that all contents of their statement of qualifications shall be valid for a period of 120 calendar days from the due date of statements of qualifications.
3.4. Right to Accept or Reject Statements of Qualifications:
The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of qualifications, as best serves the interests of the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.
3.5. Responsibility of Responder:
All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ without an authorized signature, falsified any information in the statement of qualifications package, etc.), the statement of qualifications shall be rejected.
3.6. Insurance:
Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their statement of qualifications.
3.7. Public Record:
1. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921
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et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.
2. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a statement of qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.
3. If a submitting party contends that a portion of the statement of qualifications is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a statement of qualifications or any other person or entity, because of the release of such information. The City will not return the original or any copies of the statement of qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize statements of qualifications where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such statements of qualifications may be found non-responsive.
3.8. Cost Related to Statement of Qualifications Preparation:
The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Statement of Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process.
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3.9. Compliance with Law:
Responder warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.
3.10. Licenses, Permits, Fees and Assessments:
Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ. Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded. Responder 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 Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.
3.11. Investigations:
The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any statement of qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.
3.12. Non-Collusion:
The undersigned, by submission of this procurement Form, hereby declares that this statement of qualifications is made without collusion with any other business making any other statement of qualifications, or which otherwise would make a statement of qualifications. Responder must execute an Affidavit of Non-Collusion provided as Attachment “B” in the RFQ and include it with their statement of qualifications.
3.13. Signed Statement of Qualifications and Exceptions:
Submission of a signed statement of qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted statements of qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.
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3.14. Award of Contract:
It is the City’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award a contract, award multiple contracts, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm or firms to be recommended for award and a contract or contracts have been negotiated and agendized for consideration. The decision of the City Council will be final. It is the City’s intent to award as many as two contracts for on-call civil engineering plan check services.
3.15. Form of Agreement:
A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Section 8). Please note that the Exhibits are intentionally not complete in the attached sample standard document.
These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.
B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on.
We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “Conflict of Interest” and “Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a statement of qualifications in response to this RFQ. Firms that submit a statement of qualifications in response to this RFQ shall certify the following:
C. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder 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.
D. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder 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”). Responder 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, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or
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related to any prohibited basis in any Responder 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 Responder 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.
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SECTION 4 – SCOPE OF WORK
4.1. Background:
The City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with on-call civil engineering plan check services, (hereinafter the “Project”). The selected firm(s) will be expected to provide various professional services as necessary to complete review and approval of various plans, maps, and studies for the City.
The City of Palm Springs currently uses contractual civil engineering plan-check services to provide necessary independent review of private development improvement plans, maps, and technical studies/reports for projects within the City.
The City of Palm Springs Engineering Services Department coordinates the review and approval of all improvement plans related to private development (excluding building and related plans), consisting of a variety of grading plans, street improvement plans, storm drain improvement plans, sewer improvement plans, traffic signal improvement plans, onsite improvement (grading and paving) plans, as well as a variety of other types of construction improvement plans and final/parcel maps. In addition to individual plan check review, the City’s civil engineering plan-check consultants provide independent review of technical studies and reports (including sewer studies, traffic studies, geotechnical reports, stormwater pollution prevention/NPDES plans, and water quality management plans), and render appropriate review of the analysis and proposed mitigation. Services will also include review and verification of Right-of-Way documents including, but not limited to, legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.
4.2. Scope:
A. The Scope of Work shall consist of providing civil engineering plan-check services of various development items, consisting of improvement plans (including, but not limited to:
rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies (including, but not limited to: hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans). Services will also include review and verification of Right-of-Way documents including, but not limited to legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers.
B. The Consultant shall act as the City Surveyor and Traffic Engineer through the development process. In addition, the City shall require the Consultant be the City Surveyor or Traffic Engineer outside the development process. The Consultant shall advise the City on Traffic Engineering and Survey/Mapping issues or questions.
C. Consultant shall not prepare improvement plans, associated technical studies, and final or parcel maps for development projects located within the City of Palm Springs during the term of their agreement, except in the case that two firms are selected for plan check services. It is the intention of the City to retain up to two plan check consultants to maintain consistency with its plan check services, therefore, if two firms are selected then a backup plan check consultant may be available to review items prepared by the other selected consultant for these services.
D. Consultant shall be required to adhere to the City’s existing civil engineering plan check service process which is currently a 100% electronic plan submittal and plan review process. Consultant shall be responsible for implementing the 100% electronic plan
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submittal and plan review process with the City. Consultant shall be required to coordinate with the City’s IT Department in becoming integrated into the City’s software systems as available. The City currently has implemented a global Enterprise Resource Planner (ERP) system called Enterprise Permitting & Licensing (EPL) with Tyler Technologies, Inc.
EPL utilizes BlueBeam as the built-in plan check software. Consultant shall integrate and interface with the City’s system accordingly for plan check services rendered using the system. Consultant shall also be required for furnishing and providing its own electronic system for City use on its IT system, subject to review and approval by the City’s IT Director.
E. In conformance with the approved Performance Schedule, civil engineering plan-check consultants shall provide a thorough and complete initial plan-check using the highest professional standards. An initial plan-check shall be provided in conformance with City of Palm Springs standards, civil engineering design guidelines appropriate for the type of work (Standard Specifications for Public Works Construction “Greenbook”, State of California Standards “Caltrans” Specifications, Caltrans Highway Design Manual, and various other design guidelines), as well as all relevant ordinances, resolutions, statutes, rules, and regulations of the City, and all other local, state or federal governmental agency having jurisdiction over the type and location of the development activity.
F. The Engineering Services Department shall not accept a development item for initial plancheck until a complete plan-check package is provided by the developer. Consultant shall be expected to review development items (plans, maps, or professional studies) in conformance with and in relation to the following related items:
a. Adopted “Conditions of Approval”, and applicable plan check items, by City Council Resolution (relative to Planned Development Districts, Tentative Tract/Parcel Maps, Architectural Approvals, Conditional Use Permits, etc.) b. Approved Site Plans or Tentative Maps
c. Planning Department comments, as relevant
d. Title Report, Current Tax Bill or other property ownership verification e. Professional Studies (geotechnical, hydrology, sewer, traffic, etc.) f. Verification of issuance of a General Construction Activity Storm Water Permit, if required
g. Grants or Vacations of Right-of-Way, as relevant
h. Traverse, Lot and Tract Boundary Closures for final or parcel maps i. Reference maps, Assessor Maps, and other information related to final or parcel maps
G. In reviewing improvement plans; Consultant shall ensure that all “Conditions of Approval” are met, such as: required frontage improvements (sidewalk/bikeway widths, color and treatment); required street pavement section and street design; minimum/maximum percentage slopes; and parking lot layout and design (in conformance with the Zoning Code), as an example. Consultant shall follow the Engineering Services Department’s latest improvement plan check sheets to ensure that minimum standards are met; and shall ensure that the latest general notes are included on the first sheet of each plan set.
Consultant shall be expected to physically visit each development location and to ensure that improvement plans subject to plan-check review “fit” within the real world. A site visit for each location is to be considered expected unless otherwise waived by the City Engineer.
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H. In reviewing final or parcel maps; Consultant shall ensure that all “Conditions of Approval” are met, such as required public and private right-of-way or easement dedications, rightof-way vacations, land transfers, conservation or public space easements, and drainage/public utility easement dedications, as an example. Consultant shall ensure that all final or parcel maps are technically correct and meet current local and state regulations.
It shall be Consultant’s responsibility to review the title report for subdivision guarantee and determine that the final or parcel map boundary is consistent with the description given in the title report; as well as ensure that the appropriate signatories and executors of the final or parcel map are consistent with the current vesting ownership indicated in the title report.
I. Upon completion of the first (initial) plan-check, Consultant shall provide a complete and thorough itemized written list of plan-check comments for use by the developer’s consultant in revising the initial plans, map or professional study. The Engineering Services Department shall expect the first plan-check comments to be of such detail and completeness so new plan-check comments on subsequent plan-check submittals are avoided, if at all possible, except when as a result of changes or modifications to the initial plans. Consultant shall maintain its own plan-check files with copies of initial and subsequent drafts of plans or maps, plan-check comments from the initial and subsequent reviews, and relevant documentation and data. Consultant shall scan all red-lined plans returned to the developer’s consultant for correction as part of its plan-check file, and shall make the scanned plans available to the City upon request.
J. Throughout the plan-check process, Consultant shall be expected to be available to meet, as necessary, with the Engineering Services Department and/or the developer’s consultant to discuss plan-check review comments. Fees for time required to meet with City staff or the developer’s consultant shall be included in the plan-check service fee charged by Consultant, and shall not be separately paid for outside of the plan-check process.
K. All plan-check services shall be performed by or under the responsible charge of a California licensed professional eligible to prepare and sign the type of map, plan, or professional study being reviewed. Consultant shall sign and stamp original, signed mylar plans when ready for approval by the City Engineer; and shall submit an approval letter to the City Engineer stating that the subject development item (improvement plan, map or professional study) has been reviewed and approved by Consultant.
L. Consultant shall agree to all requests for expedited or “fast track” plan-checking, in conformance with the approved “fast track” Performance Schedule.
M. Consultant shall NOT subcontract or assign work to other consultants or firms unless identified in the original proposal and approved by the City in award of the professional services agreement to Consultant. Subsequent substitution of subconsultants shall not be allowed unless otherwise specifically authorized by the City Engineer.
4.3. Schedule:
A. Timely review of improvement plans, associated technical studies, and final or parcel maps is vital to the successful development of the City of Palm Springs. In order to promote a “business friendly” environment, the City of Palm Springs expects Consultant to be aware and sensitive of the cost to the development community of delays attributed to plan-check review, and to adhere to Performance Schedules, provide complete and thorough initial plan-check review, and be available as necessary to address issues regarding plan-check items. Consultant shall consider its plan-check “contracts” as important as its own in-house projects.
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B. Currently, for civil engineering plan-check services of plans or maps, the City of Palm Springs requires the following schedule of performance:
a. Performance Schedule (Normal):
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within two (2) working days of notification. ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within two (2) working days of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments and returned to the Engineer of Record with a copy to the City within two (2) working days plus one (1) working day per sheet following transmission from the Engineering Services Department. v. Working days are Monday through Friday, not counting City Holidays: CITY “OBSERVED” DATES*, to be updated annually.
vi. Note: Although the City has implemented a four day work week where City Hall is closed on Fridays, Consultant shall be required to consider Friday as a working day in compliance with performance of their plan check services.
vii. Example of a 3-sheet plan-check Performance Schedule:
1. Notified on Day 1 (i.e. Monday)
2. Pick-up by Day 3 (i.e. Wednesday)
3. Return by Day 8 (i.e. following Wednesday)
b. Fast Track: Performance Schedule: At times, the development community requests an expedited “fast track” plan-check review process. Currently, for Fast Track plan-checking, Performance Schedule is accelerated by 50% of the normal Performance Schedule, as follows:
i. Initial draft (first submittal) shall be transmitted by the Engineering Services Department within one (1) working day of notification.
ii. First submittal shall be reviewed, checked for accuracy, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department.
iii. Second and subsequent drafts shall be transmitted by the Engineering Services Department within one (1) working day of notification. iv. Second and subsequent drafts shall be reviewed, checked for correction of plan-check comments, and returned to the Engineer of Record with a copy to the City within one (1) working day plus half (½) working day per sheet following transmission from the Engineering Services Department. v. Example of a 3-sheet plan-check performance:
1. Notified on Day 1 (i.e. Monday)
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2. Pick-up by Day 2 (i.e. Tuesday)
3. Return by mid-Day 4 (i.e. noon Friday)
c. For professional studies, an appropriate amount of review time depending upon the scope and extent of the study, not to exceed 5 working days, is allowed. The review time for a specific professional study upon first (initial) submittal shall be mutually agreed upon by the Engineering Services Department and the civil engineering plan-check consultant assigned to perform the review.
Work will commence on July 1, 2026, and all work shall be completed by June 30, 2031.
4.4. Compensation:
The City provides a lump sum payment to Consultant following review and approval up to the third submittal (draft) of an item for plan-checking (improvement plan, map, or professional report). City requires Consultant to perform a thorough and complete plancheck of the initial (first) submittal, and the developer’s consultant to address the planchecker’s initial comments such that final plans are ready for approval and the City Engineer’s signature upon completion of the third submittal.
In the event this requirement is not achieved, the Engineering Services Department shall review outstanding plan-check comments and determine if additional plan-check service fees shall be assessed to the developer. In those cases where it is determined that plancheck comments have not been addressed to the City’s satisfaction, an additional plancheck service fee of 50% the normal fee shall be assessed for subsequent reviews of items for plan-check following the third submittal.
However, the Engineering Services Department shall not approve additional plan-check service fees in the event it has been demonstrated that new plan check comments were identified on second and subsequent reviews which should have been identified on the first submittal.
Rates for each type of review are to be established based upon the projected cost of time & material spent by a reviewer qualified to perform each of the associated review types listed in the scope of work. Compensation for time shall be based upon wages for each position expected to be involved in a review type and should be equivalent to the prevailing wage for each position. Compensation for the additional work, as requested by the City for City Surveyor & Traffic Engineer services, will be compensated at an established hourly rate equivalent to the prevailing wage associated with those positions.
An expedited “Fast Track” fee is to be established for each review type as a fixed percentage increase to the base review fees already to be charged.
In the event a plan check item is not resubmitted for review after 3 months following a previous plan-check, the item is considered “dead”, and the Engineering Services Department allows its Consultant to request a 50% lump sum payment. In the event a plan check item has gone two or more plan-check cycles and the project is withdrawn, the Engineering Services Department allows its Consultant to request the remaining 50% lump sum payment, or in the event a previous partial payment was not made, to request the entire lump sum payment.
Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Consultant may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
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SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND
ORGANIZATION
5.1. Statement of Qualifications Requirements:
The firm’s statement of qualifications should describe the methodology to be used to accomplish the project objectives. The statement of qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements.
5.2. Statement of Qualifications Format:
Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 25 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D” and “E” and Addenda acknowledgment do NOT count toward the limit (everything else does).
5.3. Statement of Qualifications Content:
A. Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.
B. Each statement of qualifications package must include one separate electronic file as follows:
The “Statement of Qualifications”, shall include the following items:
Statement of Qualifications: The statement of qualifications shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:
Section A: Firm (including any subcontractors) Qualifications and Experience including References
A.1 Company Overview. Please provide a description of any previous/ongoing plan checking services that your company has provided in other cities, how long you have been in operation, and any unique features of the plan check services you offer. Please also detail how the firm meets the minimum requirements, that will be scored on a pass fail basis. Please also detail how the firm meets the minimum requirements that will be scored on a pass-fail basis.
A.2 Indicate the name of any sub-contractor firms or contractors that will be utilized to make up your team. Describe each sub-contractor’s qualifications, background, and specific expertise that they bring to the Project.
A.3 References. Include a minimum of three references on the form provided of recent customers for whom your firm has provided similar services as contemplated herein and include it with the forms section of your statement of qualifications. In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you
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would like the City to know about your work for that reference that is relevant to the work described in this RFQ.
Section B: Staff, Teams (including any subcontractors) qualifications and experience including References
B.1 Staffing. The Responders shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful implementation.
B.2. List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project.
B.3. Partners. The respondent should list any organizations they plan to partner with to implement the scope of work.
Section C: Demonstrated understanding of the overall project and requested scope of work
C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.
C.2 Anything else the City should consider as part of this process.
Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work.
C.3 Identify any “key” or “critical” issues that you believe may be encountered based on the firm’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service.
Section D: Local Preference
D.1 List all team members with local expertise. Clearly define their role in the overall project.
Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or statement of qualifications opening date, from which the vendor, contractor, or consultant operates or performs business on a day-today basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm
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Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.
The Responder will also, to the extent legally possible, solicit applications for employment and statements of qualifications for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that requests preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the statement of qualifications. The City reserves the right to determine eligibility.
Section E: Forms: - Please include the following completed forms with your statement of qualifications
a. Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
b. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B) d. Completed No Conflict of Interest and Non-Discrimination Form (Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment D) f. Complete the Reference form (Attachment E)
g. Complete the Executive Order N-6-22 Certification (Attachment F)
5.4. Submission of Statement of Qualifications:
One electronic file shall be uploaded to the PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.
All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected.
Statements of qualifications not meeting the above criteria may be found to be nonresponsive.
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SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION
6.1. Evaluation of Statements of Qualifications:
This solicitation has been developed in the RFQ most qualified firm format. Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which statement of qualifications best meets the requirements set forth in the RFQ document.
An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):
Criteria Points
Firm’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ, including References
30 Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 30 Demonstrated Understanding of the overall project and requested Scope of Work
35 Local Preference * 5
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.
Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their statement of qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects.
Interviews – The City reserves the right to interview top ranking proposers. If interviews are required, the proposers invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFP. The 25 points will be prorated in the same proportion as the proposal scoring listed in the table above.
6.2. Selection Process and Award of Contract:
Selection will be made by totaling the points for the statements of qualifications and interviews if required. The Responder(s) with the highest number of points will be asked to submit a cost proposal for negotiation of a fair and reasonable price and if successful will be recommended for award of the contract. If the negotiations are not successful, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract. Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value.
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The selected firm will be required to comply with all insurance and license requirements of the City.
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SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form, including Addenda acknowledgment. Must be completed and included with the statement of qualifications.
ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “C” – No Conflict of Interest and Non-Discrimination Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “D” – Business Disclosure Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.
ATTACHMENT “F” - Executive Order N-6-22 Certification *Must be completed for state funded work and submitted with the statement of qualifications.
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ATTACHMENT “A”
SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications being deemed nonresponsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________
PRINTED NAME AND TITLE
____________________________________________________
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:
____ A company;
____ A corporation If a corporation, organized in the state of: __________
2. My tax identification number is: ___________________________________ Please check below IF your firm qualifies as a Local Business as defined in the RFQ:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
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ATTACHMENT “B”
NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED
WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of ,
the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Statement of Qualifications, or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Statement of Qualifications.
Signature:______________________________________________ Title: _____________________________________________
Date: ______________________
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ATTACHMENT “C”
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR
QUALIFICATIONS
Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder 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.
Covenant Against Discrimination. In connection with its performance under the Agreement, Responder shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
NAME OF RESPONDER: ________________________________________ NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________ Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
ATTACHMENT “D”
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF
QUALIFCATIONS
Why Must I File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials.
Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.
Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with a beneficial ownership interest of five percent (5%) or more.
When Must I File? You must file this form with the Office of the City Clerk, or designee, at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) you must make these disclosures in relation to the applicant entity, and also in relation to any related entity that owns a part of, or makes a profit based upon the business of the applicant entity. Disclosures may include parent, subsidiary or affiliated entities of the applicant entity; (2) if any entity that is not a natural person serves as the applicant entity (e.g. as a member of the applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed.
B. The names of persons owning a beneficial interest of five percent (5%) or more in your entity, Owners/investors who have such an interest hold either investment power or voting power, i.e., they can (i) sell or transfer their interest, or (ii) vote their interest in management decisions.
NOTE: USE ADDITIONAL PAGES AS NECESSARY
What if I Have Questions?
If you have any questions about how to complete this form, please contact the Office of the City Clerk, (760) 323-8206, [email protected].
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
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
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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
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
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City of Palm Springs, CA.
Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.
If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.
Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).
As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:
John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.
The full business entity disclosure in this example would resemble the following:
1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe
2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation
3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company
4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
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ATTACHMENT “E”
REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
Reference 1
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 2
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
Reference 3
Organization name: Contact and title:
Address: Phone number:
Email Address:
Effective date of contract: Value of Contract:
Description of products/services provided:
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ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 02-26)
ON-CALL CIVIL PLAN CHECK SERVICES
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 Consultant 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 Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant 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 Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:______________________________________
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SECTION 8 – SAMPLE AGREEMENT
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SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE Note: This Agreement must be reviewed by Responders for acceptance during the RFQ process, and any changes or questions must be addressed during the questionand-answer period outlined in the RFQ. The City will not accept any changes to the agreement after the question period is closed. SOQs submitted with exceptions to scope and agreement terms will not be moved forward in the evaluation process.
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PROFESSIONAL SERVICES AGREEMENT [***INSERT CONTRACT
NUMBER***]
[***INSERT PROJECT AND/OR CONSULTANT’S NAME***]
This Professional Services Agreement (“Agreement”) is entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 20__ (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and [***INSERT NAME OF CONSULTANT***], a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***], (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.”
RECITALS
A. City requires the services of a [***INSERT CONSULTANT TYPE***], for [***INSERT SHORT PROJECT DESCRIPTION***] (“Project”).
B. Consultant has submitted to City a proposal to provide [***INSERT SHORT DESCRIPTION OF SERVICES TO BE PROVIDED***], to City under 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 in this Agreement.
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:
AGREEMENT
1. 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” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions.
1.2 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; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall
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include the Consultant’s Proposal. All provisions of the Scope of Services, 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 provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. 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 and under this Agreement.
1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the 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 fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, 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.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of [***INSERT NOT TO EXCEED COMPENSATION AMOUNT IN WRITTEN FORM***] ($XX.XX) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such
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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 as soon 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 City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of [***INSERT TIME PERIOD, E.G., WEEKS/MONTHS/YEARS***], commencing on the Effective Date, and ending on [***INSERT AGREEMENT END DATE***], unless extended by mutual written agreement of the Parties. However, the term shall not exceed [***INSERT AGREEMENT TERM LENGTH***] from the Effective Date, except as otherwise provided in the Schedule of Performance described in Section 3.4 below.
3.2 Termination Prior to Expiration of Term. The 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.
3.3 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed 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.
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3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if 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 restrictions. 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 judgment, 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.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement:
[***INSERT NAME AND TITLE OF CONSULTANT’S REPRESENTATIVE***] 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 changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
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. Subcontracts, if any, shall contain a provisions 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
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all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement 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. 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 under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
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. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 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 (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
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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 Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's 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 in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract 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.
X required
is not required;
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
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(2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. 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 subconsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. 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 Consultants, 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 dollars ($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 bodily 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 or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or selfinsured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay
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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 under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of 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.
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. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.
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 in this Agreement.
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 in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the
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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, or 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 impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique 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 insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
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B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. 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 Indemnification and Reimbursement. 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 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 federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters 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 Design Professional Services Indemnification and Reimbursement. 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.
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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 access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
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, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.
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. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. 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 resulting damages. Consultant may retain copies of such documents for their own use.
Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement.
Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
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
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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 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 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. 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 all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.
B. 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 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. 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). The 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 in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete
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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.
8.5 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.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
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 (1) 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 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
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compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. 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:
A. 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 arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, 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 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.
All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
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Facsimile: (760) 323-8332
To Consultant:[***INSERT CONSULTANT’S CONTACT INFORMATION***]
10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. 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 in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
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 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONSULTANT’S NAME***] IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONSULTANT:
By: ______________________________ By: _______________________________ Signature Signature
Date: __ Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______________ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
AP
PROVED:
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”
SCOPE OF SERVICES
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EXHIBIT “B”
SCHEDULE OF COMPENSATION
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EXHIBIT “C”
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 Consultant 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 Consultant hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the Consultant 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 Consultant. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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SECTION C | TECHNICAL PROPOSAL
56456767
73-993 Highway 111, Suite 201
Palm Desert, CA 92260
(760) 895-1949
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SECTION C | TECHNICAL PROPOSAL
Prepared for:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Contact: Tabitha Richards, Procurement Officer
Phone: (760) 322-8368
Email: [email protected]
Prepared by:
TKE Engineering, Inc.
73-993 Highway 111, Suite 201
Palm Desert, CA 92260
Contact: Terry Renner, P.E., P.L.S., Q.S.D., Senior Vice President Phone : (760) 895-1949
Email : [email protected]
TABLE OF CONTENTS
COVER LETTER
Section A | Firm/Subcontractor Qualifications and
Experience Including References
Section B | Staff/Teams Qualifications and Experience
Including References
Section C | Demonstrated Understanding of the Overall
Project and Requested Scope of Work
Section D | Local Preference
Section E | Forms
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P a g e | 1
RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
COVER LETTER
April 28, 2026
Ms. Tabitha Richards, Procurement Officer
CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SUBJECT: Request for Qualifications for On-Call Civil Plan Check Services RFQ 02-26 Dear Ms. Richards,
Thank you for the opportunity to present our proposal as a response to the Request for Proposal for OnCall Civil Plan Check Services for the City of Palm Springs (City). TKE Engineering, Inc. (TKE) is enthusiastic about the opportunity to assist the City with these services. Our proposal enclosed herein, outlines TKE’s qualifications to provide the requested services to the City. TKE is a full service, multi-disciplinary consulting firm highly qualified to perform any and all City services required to successfully complete the City’s plan checking requests for private development improvement plans, maps, and technical studies/reports for projects within the City. Plan check servicesinclude rough grading, street, sewer, storm drain, on-site grading/paving, traffic signal, traffic striping/signage); subdivision maps (final tract maps and parcel maps); and professional studies such as hydrology/hydraulic, sewer, traffic, geotechnical, storm water pollution prevention/NPDES and water quality management plans. Services will also include review and verification of Right-of-Way documents consisting of legal descriptions for easements, dedications, lot line adjustments, certificates of compliance, and parcel mergers. Over our 26 years of business, TKE performs these same reviews for more than 20 municipalities throughout Southern California. We are enthusiastic about the opportunity to assist the City and are aware of the City’s needs for expeditious review times.
Why should the City choose TKE to provide the requested services? Please consider the following:
A. Firm Identification - Founded in 2000, TKE is a California Corporation, is a full service, multidisciplinary consulting corporation headquartered in Riverside, California and can be found online at www.tkeengineering.com. All work performed for the City will be from our Palm Desert, California office located at 73993 Highway 111, Suite 201, Palm Desert, CA 92260. We have 26 years of experience with providing plan and map checking, as well as, on-call engineering services to public agencies and are highly qualified to perform the services necessary for project delivery.
B. Authorized Personnel - Terry Renner, P.E., P.L.S., Q.S.D., proposed Client Liaison/Project Manager, is authorized to negotiate and execute an agreement with the City on behalf of TKE. He will be TKE’s contact person for the duration of the proposal evaluation and contract. He can be reached by telephone at (760) 895-1949 and e-mail at [email protected].
C. Company History, Experience, and Years in Business - As a firm dedicated to public service, TKE’s experience is exclusively related to review of land development projects and publicly funded public works projects. We thoroughly understand all related requirements to protect the City’s interests and avoid any conflicts of interest. TKE was established with the goal of providing turnkey services for municipal land development and public works projects in order to benefit our community. As a result of the focus of our firm on this mission, TKE has earned a reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of services. We are a highly motivated, dynamic firm with the goal of being the City’s preferred consultant. TKE has been providing
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P a g e | 2
RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
COVER LETTER
professional plan check services to numerous municipalities and cities for the past 26 years. As such, we have a thorough knowledge of City’s standards and requirements.
D. Current Number of Employees, Key personnel – TKE Engineering currently employs over 70 Professional Plan Checkers, Engineers, Traffic Engineers, Surveyors, Inspectors, Designers, Project Managers, and Support Staff. Mr. Renner will be overseeing and managing the work of our key personnel, each of whom have extensive experience providing plan and map checking and related engineering services, and are knowledgeable in all applicable codes and general engineering practices, as well as the City of Palm Springs Code.
E. Validity – This proposal will remain valid for a period of 120 calendar days from the date of submission.
F. Addenda Acknowledgements – TKE acknowledges receipt of the following addenda:
• Addendum No. 1 – April 6, 2026
• Addendum No. 2 – April 7, 2026
• Addendum No. 3 – April 20, 2026
Thank you for your consideration. TKE would very much appreciate the opportunity to provide engineering services. If you have any questions, please call me at (760) 895-1949.
Sincerely,
Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
TKE Engineering, Inc.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND
EXPERIENCE INCLUDING REFERENCE S
SECTION A |
FIRM/SUBCONTRACTORS
QUALIFICATIONS AND
EXPERIENCE INCLUDING
REFERENCES
A . 1 C O M P A N Y
O V E R V I E W
TKE Engineering, Inc. (TKE), a California
Corporation, was established in the year 2000, and
in the last 26 years has developed into one of
Southern California’s premier full-service
consulting engineering firms. TKE was established
with the goal of providing turnkey services for
municipal agencies in order to benefit our
community. As a result of our focus on this mission,
TKE has earned a reputation for thoroughness,
rapid turnaround, cost efficiency and, overall
quality of work. We are a highly motivated,
dynamic firm with the goal of being your preferred
consultant.
TKE provides turnkey plan checking services for
developer and capital improvement projects to
numerous municipalities. The municipal services
provided by our firm include Plan and Map
Checking, Traffic Engineering, Surveying,
Professional studies, Inspection, and Project
Management services. Our wide range of services
provides our team with an intimate knowledge and
experience of the common pitfalls for each project
variation and our plan checkers ensure developer
and City projects do not fall into the same
situations.
TKE’s local office where services will be provided is
located at 73993 Highway 111, Suite 201, Palm
Desert, CA 92260. TKE currently maintains a staff of
70+ plan and map checkers, project managers,
engineers, traffic engineers, surveyors, drafters,
inspections, and clerical personnel.
TKE has provided numerous municipalities and
agencies throughout Southern California with
consulting services and staffing for every facet of
TKE Engineering InAT A GLANCE
On-Call Contracts
TKE currently provides Plan Checking,
Map Checking, Traffic Engineering,
Engineering, Project Support, and
Survey services for more than 30 Cities /
Counties / Districts throughout
Southern California
City/District Surveyor
City/District Surveyor in 9
Cities/Districts
City Traffic Engineering
Traffic and Transportation/Staff
Augmentation in 12
Cities/Counties/Districts
Size of Organization
70+ Plan Checkers, Professional
Engineers, Traffic Engineers, Surveyors,
Designers, Design Professionals, and
Support Staff
Years in Business
TKE has conducted business for the past
26 years and has 26 years of experience
in providing plan and map checking
services
Local Office
TKE Engineering, Inc.
73993 Highway 111, Suite 201
Palm Desert, CA 92260
Company Structure
TKE is a California C Corporation
founded in June 2000. TKE is not a
subsidiary.
California Business License No.:
0109901
Firm Owners/Officers
Michael P. Thornton, P.E., P.L.S., M.S.
- President
Terry M. Renner, P.E., P.L.S., Q.S.D.
- Senior Vice President
Steven W. Ledbetter, P.E., Q.S.D.
- Vice President
City of Palm Springs
Point of Contact
Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
Phone: (760) 895-1949
Email: [email protected]
TKE Engineering, Inc.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND
EXPERIENCE INCLUDING REFERENCE S
Public Works and Development for the past 26
years. In addition, we have worked on multimillion-dollar regional mega projects for a variety of government agencies. TKE recognizes the
importance of staffing based on a client’s need and
workload. Our flexible support and qualified staff
enable our clients to serve their community in a
cost effective and efficient manner.
TKE provides experienced, highly qualified staff
with significant technical expertise and strong
public relations skills for plan checking. TKE is fully capable of providing staff on a full-time, part-time
or on-call basis plan checker. Please refer to our
project team presented below together with our
corporate resumes to verify our team’s technical
ability to deliver these services.
TKE has provided similar services to those
requested here for a number of different agencies.
TKE understands the City’s development standards
were developed to meet the needs of that
particular community. TKE has developed a
thorough understanding of these standards
together with the needs of the community needs.
For each project that TKE is assigned, TKE will verify
compliance with City standards, civil engineering
design guidelines appropriate for the type of work
(Standard Specifications for Public Works
Construction “Greenbook”, State of California
Standards “Caltrans” Specifications, Caltrans
Highway Design Manual, and various other design
guidelines), as well as all relevant ordinances,
resolutions, statutes, rules, and regulations of the
City, and all other local, state or federal
governmental agency having jurisdiction over the
type and location of the development activity.
Furthermore, with our extensive experience in the
region, TKE will be able to recommend
improvements to these standards to ensure
expedited project delivery and enhanced public
infrastructure.
R E L E V A N T P R O J E C T E X P E R I E N C E
CALIMESA ON-CALL PLAN CHECKING SERVICES
City o f Calimesa, CA
Client Contact: Will Kolbow
Phone Number: 909-795-9801
Email: [email protected]
Project Cost: N/A
Completion Date: 2013-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the city. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the city.
SERVICES
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Ron Musser, P.L.S., Monae Pugh, Travis Bradshaw
RELEVANCE TO THE CITY
• On-Call Plan Check Services
• Project Management
• Coordination with Multiple
Agencies
• Storm Drain Pipe Sizing
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND
EXPERIENCE INCLUDING REFERENCE S
SAN BERNARDINO ON-CALL PLAN CHECKING SERVICES
San Bernardino Munic ipal Water Department, CA
Client Contact: Ted Brunson
Phone Number: 909-453-6165
Email: [email protected]
Project Cost: N/A
Completion Date: Ongoing
DESCRIPTION
TKE is providing on-call plan checking services to the City of San Bernardino Municipal Water Department (SBMWD) for developer installed water and sewer projects. TKE has provided plan checking services for more than 50 small and large tract developments, single family residential units and commercial retail centers within the City. Services included performing plan checking for water and sewer plans and AutoCAD files for conformance to SBMWD’s design and CAD Standards.
SERVICES
Services include plan checking and AutoCAD conformance review.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Steven Ledbetter, P.E., Q.S.D., Shelby Kelley, P.E., Q.S.D., Chance Renner, E.I.T., Ron Musser, P.L.S.
LAKE ARROWHEAD COMMUNITY SERVICES DISTRICT ENGINEERING AND PLAN CHECKING
SERVICES
City o f Lake Arro whead, CA
Client Contact: Ryan Gross, PE, BCEE, CSDM
Phone Number: 909-336-7102
Email: [email protected]
Project Cost: N/A
Completion Date: Ongoing
DESCRIPTION
TKE serves as District Engineer and is assisting the district with its annual CIP implementation, plan checking, staff augmentation, design, surveying, construction assistance and inspection. TKE is performing plan check services for CIP and developer installed water and sewer projects. TKE has provided plan checking services for more than 20 CIP, small and large tract developments, single family residential units and commercial retail centers within the City TKE represents engineering at the district’s board and other public meetings, manages engineering budgets and project schedules, works with other consultants to prepare improvement design projects, and various related work.
SERVICES
Services include board report preparation, plan checking, design, review and preparation of hydrology and hydraulic studies, project planning, report preparation, surveying, project scoping, environmental compliance services, utility coordination, provided project management, and performed construction inspections. In addition, TKE is assisting the District with major infrastructure projects including water main replacements, operations building construction, sewer slip lining and the Spyglass reservoir replacement project.
KEY STAFF
Joanna Rembis, P.E., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Steven Ledbetter, P.E., Q.S.D., Terry Renner, P.E., P.L.S., Q.S.D., Shelby Kelley, P.E., Q.S.D., Ron Musser, P.L.S.
RELEVANCE TO THE CITY
• On-Call Plan Checking
• Change Order Management
• Contract Compliance
Verification
• AutoCAD Compliance
RELEVANCE TO THE CITY
• Water and Sewer
Replacement Projects
• Planning, Design, Survey,
Plan Check, Construction
Management, Inspection and
Grant Writing Services
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND
EXPERIENCE INCLUDING REFERENCE S
WILDOMAR ON-CALL PLAN CHECKING SERVICES
City o f Wildomar, CA
Client Contact: Chris Mann
Phone Number: 951-677-7751
Email: [email protected]
Project Cost: N/A
Completion Date: 2014-Present
DESCRIPTION
TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments and commercial retail centers within the City. TKE utilizes the City’s online system (Citrix) for access and uploading of plan check documents.
SERVICES
Services included development project screen checks, response to development community inquiries, determine project impacts, develop conditions of approval, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Ron Musser, P.L.S., Chance Renner, E.I.T., Justin Schlaefli, P.E., T.E., P.T.O.E.
RIALTO TRAFFIC ENGINEERING SERVICES
City o f Rialto, CA
Client Contact: Tim Sullivan
Phone Number: 909-820-2602
Email: [email protected]
Project Cost: $7.0+ million
Completion Date: 2019-Present
DESCRIPTION
TKE provides on-call traffic engineering services to the City of Rialto for developer and capital improvement project coordination, planning and implementation. TKE routinely performs City functions related to traffic, traffic signals, timing, warrant analysis, striping, signing, geometric analysis, traffic control and other traffic engineering related services. In addition, TKE managed major infrastructure development projects.
SERVICES
Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of complete bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans. While providing these services to the City, TKE has represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work.
KEY STAFF
Justin P. Schlaefli, P.E., T.E., P.T.O.E., Terry Renner, P.E., P.L.S., Q.S.D., Michael Thornton, P.E., P.L.S., M.S., Monae Pugh
RELEVANCE TO THE CITY
• On-Call Plan Check Services
• Project Management
• Coordination with Multiple
Agencies
• Storm Drain Pipe Sizing
RELEVANCE TO THE CITY
• Traffic Engineering Services
for CIP and Developer
Projects
• Traffic Engineering Design
• Traffic Control Device
Review and Design
• Citizen Request Analysis
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND
EXPERIENCE INCLUDING REFERENCE S
R E S P O N D E R ’ S M I N I M U M R E Q U I R E M E N T S
REFERENCE PROJECTS & RELATED INFORMATION
A. Experience
TKE brings more than 20 years of dedicated experience in providing plan check services and preparing civil engineering plans for municipal governments, private developments, and public works projects. Over the past 26 years, our team has consistently delivered high-quality, compliant, and constructible plans that support agencies and developers throughout Southern California. Such services are described in the previous section, SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND EXPERIENCE INCLUDING REFERENCES, RELEVANT PROJECT EXPERIENCE, for the following agencies:
• City of Calimesa
• San Bernardino Municipal Water Department
• Lake Arrowhead Community Services District
• City of Wildomar
• City of Rialto
B. Knowledge
TKE understands that the City of Palm Springs depends on the professionalism, technical competence, and sound judgment of its selected consultant. As such, TKE maintains in-house comprehensive expertise across all disciplines identified in the scope of work. Our team possesses deep knowledge in civil engineering, traffic engineering, and surveying, as well as a thorough understanding of the applicable legal and regulatory requirements under California state law, Riverside County standards, and all relevant local ordinances.
TKE’s staff is experienced with:
• Construction equipment, materials, and methods used in residential, commercial, roadway, and utility projects
• The latest Manual on Uniform Traffic Control Devices (MUTCD) California Supplement • City Standard Plans, Technical Specifications, and Specific Plans • Cal-OSHA requirements, traffic control standards, and permit conditions • Geotechnical report interpretation and incorporation of recommendations into design • The latest Greenbook, Caltrans Standard Specifications, OSHA Construction Safety Orders, and applicable City/County standards
Our team maintains current copies of all relevant standards and reference documents.
C. License Requirements
TKE meets and exceeds the City’s professional staffing requirements. Our team includes California-registered Civil Engineers, California-registered Land Surveyors, and California-registered Traffic Engineers. Each of these licensed professionals is fully qualified to perform all plan check duties, City Surveyor functions, and Traffic Engineer services required under the scope of work. Their respective licenses are provided with ATTACHMENT “A” – SIGNATURE AUTHORIZATION FORM section at the end of this proposal.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION A | FIRM/SUBCONTRACTORS QUALIFICATIONS AND
EXPERIENCE INCLUDING REFERENCE S
A . 2 S U B C O N S U L T A N T S
TKE currently employs all staff in-house who are essential to complete the requested services per the RFQ.
Therefore, we will not require support from a subconsultant firm at this time.
A . 3 R E F E R E N C E S
Per the instruction in the RFQ, TKE’s references are included in the provided forms in SECTION E | FORMS, Attachment “E” – References located at the end of this proposal. Additional information regarding the work provided for the named references are provided in the table below.
AGENCY SERVICES PROVIDED
City of Calimesa
908 Park Avenue
Calimesa, CA 92320-1148
Services included development project screen checks, response to development community inquiries, accept submittals on behalf of agencies, determine project impacts, develop conditions of approval, present projects to planning commissions, prepare council agenda reports, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
City of Wildomar
23873 Clinton Keith Road
Suite 201
Wildomar, CA 92595
Services included development project screen checks, response to development community inquiries, determine project impacts, develop conditions of approval, perform plan and map checking for grading, street, storm drain, hydrology, hydraulics, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans.
City of Rialto
335 W. Rialto Avenue
Rialto, CA 92376
Services included traffic signal design, signing and striping design, traffic control plan preparation, preparation of complete bid documents, plan check of traffic signal plans, signing and striping plans, and traffic control plans, land development review of site plans and access management, review and comment of traffic impact analyses, traffic engineering project coordination with capital improvement projects, review of citizen requests for traffic control to include traffic count analysis and collision data, recommendation of traffic control devices, prepare speed zone surveys and certification process, school zone analysis and preparation of school zone signing and striping plans. While providing these services to the City, TKE has represented the City with other agencies at numerous meetings, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, and various related work.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
SECTION B | STAFF/TEAMS
QUALIFICATIONS AND
EXPERIENCE INCLUDING
REFERENCES
B . 1 S T A F F I N G
TKE fully recognizes the City’s concern for high
quality, timely performance, and precise
communication when utilizing the services of a
consultant. Each project conducted by TKE is
managed and staffed by a project team assembled
to meet the specific needs of the project. We have
assembled an elite team of professionals to partner
with the City to provide professional plan checking
services for all City projects anticipated under this
contract. Our team is 100% accountable and
responsible for TKE’s work product and actively
seeks feedback and suggestions regarding our
services.
B . 2 . K E Y S T A F F / T E A M
M E M B E R S
Below is a summary of education, experience, and
credentials of key personnel proposed to perform
the plan checking work, professional resumes for
each of our team members are presented in the
subsequent section of this proposal.
Terry Renner
P.E., P.L.S., Q.S.D.
Project Manager/Client
Liaison
California P.E. No. 69984
California P.L.S. No. 9762
Q.S.D. Certification No. 24329
Mr. Renner has 26 years of
engineering and surveying
experience and also has experience as a Plan
Checker. Mr. Renner is a Registered Civil Engineer
and licensed Land Surveyor in the State of
California. He has extensive experience in the plan
checking design and construction of public works
improvement projects, including plan checking,
project management, design engineering,
construction management and surveying services.
In addition, as detailed on Mr. Renner’s resume, he
has experience with drainage studies preparation,
design and construction engineering for water,
sewer, street and drainage system improvement
projects. Mr. Renner is well trained in the use of
computerized review and drawing software. He
will assist with various tasks throughout the course
of providing engineering services, such as plan
review, comment preparation and meeting
assistance. Mr. Renner’s role on the team will be to
manage plan checking duties, compliance with
standards and regulations and perform quality
assurance and quality control on all documents.
Michael Thornton
P.E., P.L.S., M.S.
Senior Plan Checker
California P.E. No. 44226
California P.L.S. No. 6867
Mr. Thornton, TKE’s
President, has over 40 years
of experience in engineering
planning, design, land
surveying and construction
management for public works projects. He has
worked on a variety of public works engineering
projects including sewer improvements, street
improvements, park improvements, bike trail
improvements, drainage improvements, and
reclaimed water system improvements projects.
Mr. Thornton is responsible for managing including
funding administration, planning, evaluating, and
designing these projects and has provided
construction engineering and surveying services for
many of these same projects.
Steven W. Ledbetter
P.E., Q.S.D.
Senior Plan Checker
California P.E. No. 84044
Q.S.D. Certification No. 28967
Mr. Ledbetter is the Vice
President of TKE and has over
25 years of professional
experience in the civil
engineering industry. He has handled various
critical and challenging projects from planning
through design and implementation; all while
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
ensuring that projects are executed as per
specification in the stipulated time with quality. He
has a well-rounded background with experience in:
preparation and analysis of utility improvement
plans and specifications including potable and nonpotable water, wastewater, and drainage; utility master planning including computer modeling,
analysis, and report preparation; water resource
planning and management including feasibility
studies, urban water management planning, water
supply assessments and verifications, integrated
regional water management planning, and
groundwater management planning; storm water
compliance reporting including water quality
management plans and storm water pollution
prevention plans and; and grant writing and
administration for various State and Federal agency
programs.
Joanna Rembis
P.E., Q.S.D.
Senior Plan Checker
California P.E. No. 75535
Q.S.D. Certification No. 28965
Mr. Rembis has more than 25
years’ experience of Plan
Checking, Project
Engineering/Project Management, Field Inspection
and Customer Support - 20 of which she spent as a
Project Manager. Her experience includes plan
review, preparing specifications, plans, and bid
packages for rehabilitation and design of new tank
projects. She has been responsible for scheduling
and QA/QC during on-call professional services
agreement with the Cities of Palm Springs, Chino,
Banning, Rialto, Lake Elsinore, Colton, and
Highland. Plan check includes review of Rough and
Precise Grading Plans, Wet Utility Plans, (e.g.
Sewer, Water, Storm Drain), Street Improvement
Plans, Street Light Plans, Hydrology Studies, Water
Quality Management Plans (WQMP), Survey
Documents, Soils Reports for private development
projects and capital improvement projects
throughout the various Cities. Mr. Rembis has
conducted QA/QC for the projects and reviewed all
major deliverables before delivered to clients, and
has maintained regular communication with clients
to ensure compliance with the established project
goals and execution.
Shelby Kelley
P.E., Q.S.D.
Senior Plan Checker
California P.E. No. 95911
Q.S.D. Certification No. 28964
Mr. Kelley is an Associate
Project Manager of TKE
Engineering, Inc. and has 9
years of experience in civil
engineering design, plan checking, and
construction of infrastructure projects, including
sewer and water improvements, drainage
improvements, transportation improvements,
facilities improvements, and construction
methods. Mr. Kelley has been responsible for plan
review of water and sewer plan/profile, lift
stations, treatment plant facilities, preliminary
design exhibits, and cost estimates. He has
delivered projects for Mission Springs Water
District and Beaumont Cherry Valley Water
Districts, and the Cities of Adelanto, Chino,
Fontana, Hesperia, Highland, Needles, Rialto, and
Coachella.
Justin Schlaefli
P.E., T.E., P.T.O.E.
Traffic Engineer
R.C.E. No. 74670
California T.E. No. 2564
Justin has 25 years of
experience in the
transportation field. He is
responsible for managing projects on a day-to-day
basis as well as interfacing with other project team
members and decision makers/ government staff
and Contractors.
He specializes in Intelligent Transportation
Systems, Transportation Planning, Construction,
Traffic Engineering and Traffic Operations. He has
experience working on both public sector projects
as well as private sector development. His
experience ranges from construction management
and inspection to operations and maintenance. He
also has experience conducting traffic studies,
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
specialized access analysis, parking studies, trip
generation studies, traffic micro-simulation, signal
operations, signal timing, traffic control and
design/build of ITS solutions. In addition, Justin has
served as a subject matter expert in court, for the
State of California and for vendors in the
transportation industry. He is also a proud alumnus
of San Diego State University where he has been a
guest lecturer and has taught Transportation
Engineering, helping to mentor the next generation
in his field.
Steve Libring
T.E.
Senior Plan Checker
California T.E. No. 1801
Mr. Libring has 50+ years of
experience providing traffic
engineering services. Steve
has worked full and part time
for 17 cities in 5 different
counties, exposing him to a variety of complex
traffic problems and situations. Mr. Libring recent
experience as the City Traffic Engineer for the City
of Riverside, he was responsible for supervising
34 staff members and all of the day-to-day
operations. Mr. Libring led The Riverside Traffic
Division as it was split into four major programs:
Traffic Engineering and Design, Signal
Maintenance, Parking Services, and the Red-Light
Enforcement Program. While at this city, he
oversaw the preparation of all budgets, applied
for grants, responded to litigation and testified in
court. He reviewed traffic studies and prepared
mitigation measures or conditions of approval. He
also reviewed and signed all in-house signals
designs, as well as any striping, signing and
detour plans. He regularly corresponded with
Council Members, City Manager and other
Departments to coordinate the implementation of
neighborhood traffic solutions.
Monae Pugh
Senior Plan Checker/
Traffic Engineering Specialist
Mr. Pugh has over 35+ years of
Municipal and Public Agency
engineering experience with a
wide range of responsibilities
and projects emphasizing the
discipline of Transportation and Traffic
Engineering. Her most recent experience includes
management of both Land Development and
Traffic Engineering Departments for the City of
Fontana. Prior experience includes over 17 years in
the County of Riverside Traffic Engineering
Department. She is a Certified Grant Writer
through Cal State San Bernardino Certification
Program and has secured multiple Transportation
grants for a wide variety of infrastructure projects.
Ron Musser
P.L.S.
Principal Surveyor/
Map Checker
California P.L.S. No. 4230
Mr. Musser has over 50+
years of experience in
performing field and office
surveying services for public
and private projects including design surveys and
right-of-way acquisition projects. Prior to joining
TKE Engineering, Inc., Mr. Musser worked at the
County of Riverside as a County Surveyor for nearly
22 years providing mapping, easement document
preparation, field surveying and calculations
support for hundreds of projects. He has prepared
records of survey, parcel maps, tract maps, right-ofway and easement documents in San Bernardino County, Riverside County, San Diego County,
Orange County and Los Angeles County. He has
performed boundary, topographic, ALTA, and
precise level surveys as well as Global Positioning
Surveys.
B . 3 P A R T N E R S
TKE has the resources necessary to complete the
entirety of the scope of services in-house;
therefore, will not require support from any
subconsultant firm at this time. If additional
services are required for completion of projects,
TKE has a team of subconsultants that we work
with on a daily basis. Many of which are also DBEs
and local hires.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
Director of Survey
Ron Musser
P.L.S.
TKE Engineering, Inc.
Client Liaison/
Project Manager
Terry Renner
P.E., P.L.S., Q.S.D.
TKE Engineering, Inc.
Primary Plan Checker
Steven W. Ledbetter
P.E., Q.S.D.
TKE Engineering, Inc.
Primary Plan Checker
Michael Thornton
P.E., P.L.S., M.S.
TKE Engineering, Inc.
Primary Plan Checker
Joanna Rembis
P.E., Q.S.D.
TKE Engineering, Inc.
Primary Plan Checker
Shelby Kelley
P.E., Q.S.D.
TKE Engineering, Inc.
Traffic Manager
Justin Schlaefli
P.E., T.E., P.T.O.E.
TKE Engineering, Inc.
Traffic Engineering
Specialist
Monae Pugh
TKE Engineering, Inc.
Traffic Engineer
Steve Libring
T.E.
TKE Engineering, Inc.
Plan Checker
Travis Bradshaw
P.E.
TKE Engineering, Inc.
Plan Checker
Chance Renner
E.I.T.
TKE Engineering, Inc.
O R G A N I Z A T I O N A L C H A R T
Below are our firm’s organization chart and resumes of our key personnel. TKE can furnish additional resumes for any support staff needed to accomplish the work under this contract. Our team is readily available to you and can coordinate with you at a moment’s notice.
S U P P O R T T E A M
( 70 + M e m b e r s )
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
R E S U M E S
TERRY
RENNER
P.E., P.L.S., Q.S.D.
CLIENT LIAISON/
PROJECT MANAGER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 69984
(CA)
P.L.S. License Number 9762
(CA)
Qualified SWPPP Developer
and Practitioner #24329
AFFILIATIONS
Riverside-San Bernardino
Counties Branch, American
Society of Civil Engineers
American Public Works
Association
American Council of
Engineering Companies of
California
Mr. Renner has 26 years of engineering and surveying experience and also has experience as a Plan Checker. Mr. Renner is a Registered Civil Engineer and licensed Land Surveyor in the State of California. He has extensive experience in the plan checking design and construction of public works improvement projects, including plan checking, project management, design engineering, construction management and surveying services. In addition, as detailed on Mr. Renner’s resume, he has experience with drainage studies preparation, design and construction engineering for water, sewer, street and drainage system improvement projects. Mr. Renner is well trained in the use of computerized review and drawing software. He will assist with various tasks throughout the course of providing engineering services, such as plan review, comment preparation and meeting assistance. Mr. Renner’s role on the team will be to manage plan checking duties, compliance with standards and regulations and perform quality assurance and quality control on all documents.
DETAILED PROJECT EXPERIENCE
• On-Call Plan Checking Services, City of San Bernardino Municipal Water Department, CA - Mr. Renner provides on-call plan checking services to the City of San Bernardino Municipal Water Department. Mr. Renner has provided water plan checking services for more than 50 small and large tract developments, single family residential units and commercial retail centers within SBMWD’s service area.
Services included performing plan checking for water and sewer plans and AutoCAD files for conformance to SBMWD’s design and CAD Standards. • On-Call Plan Checking Services, City of Calimesa, CA - Mr. Renner provides on-call plan checking services to the City of Calimesa. Mr. Renner is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services included development project screen checks, response to development community inquiries, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
• On-Call Plan Checking Services, City of Wildomar - Mr. Renner provides on-call plan checking services to the City of Wildomar. Mr. Rener is providing plan checking services for several tract developments, single family residential units and commercial retail centers within the City. Services included development project screen checks, response to development community inquiries, determine project impacts, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
• On-Call Plan Checking Services, City of Upland - Mr. Renner provides on-call plan checking services to the City of Upland. Mr. Renner is providing plan checking services for several tract developments, single family residential units and commercial retail centers within the City. Services included development project screen checks, response to development community inquiries, determine project impacts, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal SWPPP, erosion control, and WQMP plans as well as many other municipal development related services.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
MICHAEL
THORNTON
P.E., P.L.S., M.S.
PRIMARY PLAN
CHECKER
TKE Engineering, Inc.
EDUCATION
M.S., Civil Engineering,
California State University,
Long Beach, CA
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 44226
(CA)
P.L.S. License Number 6867
(CA)
AFFILIATIONS
American Society of Civil
Engineers
American Water Works
Association
California Rural Water
Association
American Public Works
Association
American Council of
Engineering Companies
Mr. Thornton, TKE’s President, has over 40 years of experience in engineering planning, design, land surveying and construction management for public works projects. He has worked on a variety of public works engineering projects including sewer improvements, street improvements, park improvements, bike trail improvements, drainage improvements, and reclaimed water system improvements projects. Mr. Thornton is responsible for managing including funding administration, planning, evaluating, and designing these projects and has provided construction engineering and surveying services for many of these same projects.
DETAILED PROJECT EXPERIENCE
• City Engineering Services, City of Calimesa – Mr. Thornton provides on-call civil engineering services to the City, including City Engineer. He managed more than $10 million in public improvements. While providing these services to the City, Mr.
Thornton represented the City with other agencies at numerous meetings including RCTC and WRCOG, represents engineering with the City’s council and other public meetings, manages engineering budgets and project schedules, retains other consultants to prepare improvement design projects, manages funding programs, and various related work. In addition, Mr. Thornton manages major development projects. • Hesperia On-Call Plan Checking Services, City of Hesperia – Mr. Thornton was responsible for providing on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City. • San Bernardino Municipal Water District On-Call Plan Check and Inspections, City of San Bernardino – Mr. Thornton served as the Primary Plan Checker. TKE is providing on-call plan check and inspection services to the City of San Bernardino Municipal Water Department (SBMWD) for developer installed water and sewer projects and capital improvement water system projects. TKE has provided plan checking services for more than 50 small and large tract developments, single family residential units and commercial retail centers within the City. Services included performing plan checking for water and sewer plans and AutoCAD files for conformance to SBMWD’s design and CAD Standards. In addition to daily inspection services, TKE prepares daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, developed remedial work list and system startup inspections. In addition, TKE provides coordination with other project professional services (e.g. Geotechnical and Surveying). • Western Municipal Water District On-Call Plan Checking Services, City of Riverside, CA – Mr. Thornton provided on-call plan services to Western Municipal Water District (WMWD). The plan checking services focused on infrastructure related to potable and recycled water delivery, and wastewater collection. TKE reviewed potable water and recycled water distribution systems and wastewater collection systems, including booster pump stations, sewer lift stations, PRV stations, and water storage tanks to ensure conformance with WMWD requirements and Construction Standards, and other applicable standards, especially the State Water Resources Control Board Division of Drinking Water design criteria for drinking water and recycled water systems are met.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
STEVEN W.
LEDBETTER
P.E., Q.S.D.
PRIMARY PLAN
CHECKER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 84044
(CA)
Qualified SWPPP Developer
and Practitioner #28967
AFFILIATIONS
American Society of Civil
Engineers
American Public Works
Association
American Council of
Engineering Companies of
California
Association of California
Water Agencies
Mr. Ledbetter is the Vice President of TKE and has over 25 years of professional experience in the civil engineering industry. He has handled various critical and challenging projects from planning through design and implementation; all while ensuring that projects are executed as per specification in the stipulated time with quality. He has a well-rounded background with experience in: preparation and analysis of utility improvement plans and specifications including potable and non-potable water, wastewater, and drainage; utility master planning including computer modeling, analysis, and report preparation; water resource planning and management including feasibility studies, urban water management planning, water supply assessments and verifications, integrated regional water management planning, and groundwater management planning; storm water compliance reporting including water quality management plans and storm water pollution prevention plans and; and grant writing and administration for various State and Federal agency programs.
DETAILED PROJECT EXPERIENCE
• City Engineering Services, City of Needles, CA – Mr. Ledbetter is serving as the City of Needles City Engineer and responsible for providing on-call civil engineering services to the City. He is currently managing more than $10 million in public improvements. While providing these services to the City, Mr. Ledbetter represents the City with other agencies at numerous meetings, including with the County of San Bernardino, represented the engineering department with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, managed funding programs, assisted with development project and plan checking, and various related work. • Mission Springs Water District, Desert Hot Springs - Mr. Ledbetter provided on-call engineering services to the Mission Springs Water District. He worked with staff to manage more than $70 million in water and wastewater improvement projects. In addition, Mr. Ledbetter supported the District in several regional water resource planning elements, Integrated Regional Water Management (IRWM), Sustainable Groundwater Management (SGMA), and Salt and Nutrient Management. Services included budget development and management, grant acquisition and administration, technical analysis, capital project planning, design, and delivery, management of projects and other consultants, constructability review, performing plan checking for water and sewer plans, and providing presentations to their Board of Directors and other agencies and stakeholders.
• On-Call Plan Checking Services, City of Highland, CA - Mr. Ledbetter provided on-call plan checking services to the City of Highland. Mr. Ledbetter provided plan checking services for several small tract developments, single family residential units, commercial retail centers, and capital improvement projects within the city. Services included development project screen checks, response to development community and design consultant inquiries, perform plan checking for grading, street, storm drain, landscaping, street lighting, traffic signal, SWPPP, erosion control, and WQMP plans as well as many other municipal development related services. • City Engineering Support Services, City of Calimesa, CA – Mr. Ledbetter assisted with on-call civil engineering services to the City, including direct assistance to the City Engineer. He helped manage more than $20 million in public improvements. While providing these services to the City, Mr. Ledbetter represented the City with other agencies at numerous meetings including RCTC and WRCOG, represented engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, retained other consultants to prepare improvement design projects, manages funding programs, and various related work.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
JOANNA
REMBIS
P.E., Q.S.D.
PRIMARY PLAN
CHECKER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering,
California State Polytechnic
University, Pomona, CA
REGISTRATIONS
P.E. License Number 75535
(CA)
Qualified SWPPP Developer
and Practitioner #28965
AFFILIATIONS
American Water Works
Association
Past Chair of the Tanks,
Reservoirs, Structures, and
Maintenance Committee
Inland County Water
Association
Southern California Water
Utility Association
American Society of Civil
Engineers
Mr. Rembis has more than 25 years’ experience of Plan Checking, Project Engineering/Project Management, Field Inspection and Customer Support - 20 of which she spent as a Project Manager. Her experience includes plan review, preparing specifications, plans, and bid packages for rehabilitation and design of new tank projects.
She has been responsible for scheduling and QA/QC during on-call professional services agreement with the Cities of Palm Springs, Chino, Banning, Rialto, Lake Elsinore, Colton, and Highland. Plan check includes review of Rough and Precise Grading Plans, Wet Utility Plans, (e.g. Sewer, Water, Storm Drain), Street Improvement Plans, Street Light Plans, Hydrology Studies, Water Quality Management Plans (WQMP), Survey Documents, Soils Reports for private development projects and capital improvement projects throughout the various Cities. Mr. Rembis has conducted QA/QC for the projects and reviewed all major deliverables before delivered to clients, and has maintained regular communication with clients to ensure compliance with the established project goals and execution.
DETAILED PROJECT EXPERIENCE
• On‑Call Plan Checking Services, City of Palm Springs, CA — Assistant Project Manager responsible for scheduling and QA/QC during an on-call professional services agreement with the City of Palm Springs. ERSC provides plan and map checking for the City’s development projects. Specific tasks include the review of improvement plans, final subdivision maps, and other survey related documents as prepared by design consultants for accuracy and completeness, conformance to local codes, ordinances, and design standards.
• On-Call Civil Engineering and Plan Check Services, City of Colton, CA – Assistant Project Manager responsible for scheduling and QA/QC during Engineering and Plan Check services in the City. ERSC works closely with City staff in the review of grading, street improvements, hydrology studies, soils reports, WQMP, SWPPP, lot line adjustments, and parcel maps. ERSC also provides on-call engineering services, such as the design for the La Cadena and 8th Street Intersection Reconfiguration. • On-Call Plan Check and Inspection Services, City of Banning, CA – Project Manager responsible for scheduling and QA/QC during plan check and inspection services of residential and development projects. Plan check services include review of maps, street, sewer, water, grading and storm drain projects, as well as review of construction drawings to assure compliance with City, State and Federal regulations.
ERSC also provides conditions of approvals for City projects, as needed. • On-Call Plan Check Services, City of Rialto, CA – Project Manager responsible for scheduling and QA/QC during civil engineering plan check services of various private and public development items, consisting of improvement plans and professional studies. Services also include review and verification of Right-of-Way document including but not limited to legal descriptions for easements, dedications, lot line adjustments and parcel mergers.
• On-Call Plan Check Services, Jurupa Community Services District, Jurupa Valley, CA - Project Manager responsible for day-to-day project guidance, team oversight, client contact, as well as schedule and budget management throughout the assignment.
ERSC provides professional plan check services to support the District’s water and wastewater programs on an as-needed basis. ERSC’s responsibilities related to plan check activities at JCSD include reviewing plans for design conformance to District’s Standards Manual, sound engineering practices, general mathematics, design criteria, constructability, safety, maintenance, and cost perspectives. ERSC provides these services during review of private development plans (residential, commercial, and industrial) in the District.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
SHELBY KELLEY
P.E., Q.S.D.
PRIMARY PLAN CHECKER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego State
University, San Diego, CA
REGISTRATIONS
P.E. License Number 95911 (CA)
Qualified SWPPP Developer and
Practitioner #28964
AFFILIATIONS
American Society of Civil Engineers
Association of California Water
Agencies
Mr. Kelley is an Associate Project Manager of TKE Engineering, Inc. and has 9 years of experience in civil engineering design, plan checking, and construction of infrastructure projects, including sewer and water improvements, drainage improvements, transportation improvements, facilities improvements, and construction methods. Mr. Kelley has been responsible for plan review of water and sewer plan/profile, lift stations, treatment plant facilities, preliminary design exhibits, and cost estimates. He has delivered projects for Mission Springs Water District and Beaumont Cherry Valley Water Districts, and the Cities of Adelanto, Chino, Fontana, Hesperia, Highland, Needles, Rialto, and Coachella.
DETAILED PROJECT EXPERIENCE
• On-Call Plan Checking Services, City of Coachella – Mr. Kelley provides on‑call plan review services for the City of Upland, supporting a wide range of development activities. His current responsibilities include reviewing plans for multiple tract developments, single‑family residential projects, and commercial retail centers throughout the City.
His services encompass comprehensive development project screening, responding to inquiries from the development community, evaluating project impacts, and conducting detailed plan checks for grading, street improvements, storm drain systems, landscaping, street lighting, traffic signals, SWPPP compliance, erosion control, and WQMP submittals. He also assists with various other municipal development review functions as needed. • Regional Sewer Conveyance Line, Mission Springs Water District, City of Desert Hot Springs – Mr. Kelley assisted with the design of a new sewer diversion structure located near the Horton Wastewater Treatment Plant in the City of Desert Hot Springs. Mr. Kelley is also currently assisting in performing construction management and office engineering services for the construction of the new Regional Sewer Conveyance Line located along Dillon Road and Little Morongo Road in the City of Desert Hot Springs. The project will convey wastewater to the Regional Water Reclamation Facility and includes the construction of 10,000 linear feet of 12” PVC force main, 950 linear feet of 12” VCP, 5,200 LF of 33” VCP, 1,000 LF of 36” VCP and all related appurtenances.
Mr. Kelley provides support in submittal and RFI review, change order review, progress payment review/approval, labor compliance, coordination with utilities, permitting and coordination with District representatives. • AD-15 Service Area M-2 Sewer, Mission Springs Water District, City of Desert Hot Springs – Mr. Kelley is currently assisting in performing constructability reviews, construction management, and office engineering services for the construction of the Area M-2 collection system located in the City of Desert Hot Springs. The project will abate approximately 400 septic tanks and convey wastewater to the Regional Water Reclamation Facility. The project includes the construction of 26,000 LF of 8” VCP, 22,000 LF of 4” VCP laterals, 1,000 LF of 10” VCP, 700 LF of 10” VCP, 2,500 LF of 15” VCP, appurtenances, and 1,150,000 SQ.FT. of asphalt pulverization and replacement. Mr. Kelley provides support in submittal and RFI review, change order review, progress payment review/approval, labor compliance, coordination with utilities and homeowners, permitting, grant reimbursement and coordination with District representatives.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
JUSTIN SCHLAEFLI
P.E., T.E., P.T.O.E.
TRAFFIC MANAGER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego State
University, San Diego, CA
M.S., Civil Engineering, Norwich
University, Northfield, VT
REGISTRATIONS
P.E. License Number 74670 (CA)
T.E. License Number 2564 (CA)
CERTIFICATIONS
Professional Traffic Operations
Engineer
IMSA Level II Signal Technician —
Field Certified Fiber Optic Technician
AFFILIATIONS
Former Second Vice President, San
Diego Highway Development
Association
Member National Academy of
Sciences, Transportation Research
Board
Member, Institute of Transportation
Engineers
Vice President of Professional
Development, San Diego State
University Alumni Board of Advisors
Adjunct Faculty, San Diego State
University
Mr. Schlaefli has 25 years of experience in the transportation field. He is responsible for managing projects on a day-to-day basis as well as interfacing with other project team members and decision makers/ government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic micro-simulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Mr. Schlaefli has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping to mentor the next generation in his field. Through his career, Mr. Schlaefli has accumulated truly unique experience in Traffic Engineering. For example, Mr. Schlaefli has served as an expert for the State Board of Professional Engineers with respect to creation of the Traffic Engineer license exam. In addition, Mr. Schlaefli has served as a qualified expert witness for the US Attorney’s office in cases involving traffic accidents and traffic signal timing.
DETAILED PROJECT EXPERIENCE
• On-Call Plan Checking, City of Pico Rivera, CA – Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and map checking services to the City. TKE is providing plan checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. In addition, TKE is performing plan check on several capital improvement projects within the City.
• On-Call Plan Checking, City of Highland, CA – Mr. Schlaefli served as the Traffic Engineer. TKE provides on-call plan and map checking, civil engineering and inspection services to the City of Highland for Capital Improvement project coordination, planning and implementation. TKE is assisting the City Engineer with more than $7 million in Capital Improvements Projects for the current fiscal year. TKE simultaneously prepared numerous grant applications, performed plan checking on CIP, represented the City with other agencies at various meetings, represented Engineering with the City’s council and other public meetings, managed engineering budgets and project schedules, prepared and acquired rightof-way, managed funding programs, provided construction management and inspection services, as well as public relations and various related work. • Plan Check for Signal Synchronization System, City of Coachella , CA – Mr.
Schlaefli served as the project manager providing plan check services for the City of Coachella’s Signal Synchronization System project. This work involved field constructability review, plan check and comment and wireless signal testing. Working with City staff and consultant designer, potential issues were discussed including filled and potentially broken conduit, conduit not meeting fiber standards, wireless backhaul testing, location and design of TMC and more. This led to suggested changes as the project moved forward.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
STEVE LIBRING
T.E.
TRAFFIC ENGINEER
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, Cal State
University Los Angeles, CA
CERTIFICATIONS
T.E. License Number 1801 (CA)
AFFILIATIONS
Recent HOA References Trilogy of
La Quinta HOA (La Quinta) – Dale
Tyreman Avondale HOA (Palm
Desert) – Alice Kroll Canyon Lake
Property Owners Association
(Canyon Lake) – Steve Schneide
Mr. Libring has 50+ years of experience providing traffic engineering services. Steve has worked full and part time for 17 cities in 5 different counties, exposing him to a variety of complex traffic problems and situations. Mr. Libring recent experience as the City Traffic Engineer for the City of Riverside, he was responsible for supervising 34 staff members and all of the day-to-day operations. Mr. Libring led The Riverside Traffic Division as it was split into four major programs: Traffic Engineering and Design, Signal Maintenance, Parking Services, and the Red-Light Enforcement Program. While at this city, he oversaw the preparation of all budgets, applied for grants, responded to litigation and testified in court. He reviewed traffic studies and prepared mitigation measures or conditions of approval. He also reviewed and signed all in-house signals designs, as well as any striping, signing and detour plans. He regularly corresponded with Council Members, City Manager and other Departments to coordinate the implementation of neighborhood traffic solutions. He staffed two different Commissions – the Downtown Parking Committee, and the Parking, Traffic and Streets Commission, as well as designed and implemented the Riverside Traffic Management Center (TMC) which oversees all signal coordination. Through the use of CCTV cameras, Steve and his staff were able to make adjustments to traffic as incidents and congestion occurred. Steve will serve as the Traffic Engineer for the City of El Monte’s On-Call Traffic Engineering.
DETAILED PROJECT EXPERIENCE
• On-Call Traffic Engineering, City of Calimesa – Mr. Libring provides on-call traffic engineering services to the City. He is currently responsible for review of traffic control plans, land development review of site plans and access management, review and comment of traffic impact studies, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis. While providing these services to the City, Mr. Libring has represented the City with other agencies, consultants and developers at numerous meetings, represented engineering with the City’s management personnel and other public meetings, managed engineering budgets and project schedules. • City Traffic Engineering, City of Corona - Mr. Libring served as the City Traffic Engineer for the City of Corona. He was responsible for review of traffic control plans, traffic engineering project coordination with capital improvement projects, warrant analysis preparation, traffic count coordination, analysis of traffic counts and collision data, traffic control device recommendations, speed zone survey preparation and certifications, and school zone analysis.
• City Traffic Engineering, City of Riverside - Mr. Libring previously served as the City Traffic Engineer for the City of Riverside, where he oversaw a broad range of traffic engineering responsibilities. His duties included reviewing traffic control plans, coordinating traffic engineering elements with capital improvement projects, preparing warrant analyses, managing traffic count programs, and evaluating traffic volume and collision data. He also developed recommendations for traffic control devices, prepared and certified speed zone surveys, and conducted school zone evaluations.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION B | STAFF/TE AMS QUALIFICATIONS AND EXPERIENCE
INCLUDING RE FERENCES
RON MUSSER
P.L.S.
DIRECTOR OF
SURVEYS
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego
State University, San Diego, CA
REGISTRATIONS
P.L.S. License Number 4320 (CA)
Mr. Musser has over 50+ years of experience in performing field and office surveying services for public and private projects including roadway and highway projects. Prior to joining TKE Engineering, Inc., Mr. Musser worked as a Partner in an engineering and surveying firm and supervised the mapping department providing mapping and calculations support for the firm’s projects. He has performed design topographic surveying and construction staking on all of TKE’s respective design and construction management projects over the past 21 years.
In addition, he has performed boundary, topographic, ALTA, and precise level surveys as well as Global Positioning Surveys.
DETAILED PROJECT EXPERIENCE
• On-Call Survey and Map Checking Services, City of Calimesa, CA - Mr. Musser provides on-call map checking services to the City of Calimesa. Mr. Musser is providing map checking services for several small and large tract developments, single family residential units and commercial retail centers within the City. Services include closure calculations, development project screen checks, response to development community inquiries, perform map checking for tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, corner records, easement and right-of-way acquisitions. • On-Call Map Checking Services, City of Upland, CA - Mr. Musser provides oncall map checking services to the City of Upland. Mr. Musser delivers map-checking services for multiple tract developments, single-family residential projects, and commercial retail centers throughout the City. His work includes performing closure calculations, conducting development project screen checks, responding to inquiries from the development community, and reviewing tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, and corner records. He also supports easement and right-of-way acquisition efforts through detailed map review. • On-Call Survey and Map Checking Services, City of Hesperia, CA - Mr. Musser provides on-call map checking services to the City of Hesperia delivering comprehensive map‑checking services for multiple tract developments, single‑family residential projects, and commercial retail centers within the City. His responsibilities include performing closure calculations, conducting development project screening reviews, and responding to inquiries from the development community. He also performs detailed examinations of tract maps, parcel maps, lot line adjustments, lot mergers, records of survey, and corner records, as well as supporting easement and right‑of‑way acquisition processes through technical map review.
• LPP County Line Road Project, City of Yucaipa/Calimesa – Mr. Musser served as the Director of Surveys for design of the SB1 Local Partnership Program project. This project consists of the preparation of full construction documents including environmental compliance documents, right-of-way acquisition, utility relocations, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of four roundabouts, street widening, bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, storm drain, and signing and striping along County Line Road from 4th Street to Bryant Street.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION C | DEM ONSTRATE D UNDE RSTANDING OF THE OVE RALL
PROJECT AND RE QUE STED SCOPE OF WORK
SECTION C | DEMONSTRATED
UNDERSTANDING OF THE
OVERALL PROJECT AND
REQUESTED SCOPE OF WORK
The City of Palm Springs (City) is seeking qualified
professional firms to provide on-call civil
engineering plan-check services to support the
City’s ongoing review of private development
projects. As development activity continues across
the City, the Engineering Services Department
requires a dependable consulting partner capable
of delivering timely, independent, and technically
rigorous evaluations of improvement plans,
subdivision maps, technical studies, and
right-of-way documents. TKE understands that the
City relies on these services to maintain
consistency, protect public infrastructure, and
ensure compliance with City standards and
applicable State and Federal regulations.
TKE Engineering, Inc. (TKE) recognizes that the
selected consultant will serve as an extension of
City staff, providing objective and comprehensive
review of a wide range of civil engineering
documents. Our responsibility is to support the
City’s development review process by ensuring that
all submitted plans and studies are complete,
technically sound, and in full conformance with City
requirements. We understand the importance of
responsiveness, clear communication, and
solution-oriented feedback in maintaining efficient
project timelines and high-quality development
outcomes. These services include, but are not
limited to, the following:
A. CIVIL ENGINEERING PLAN- CHECK SERVICES
TKE will provide detailed review of a wide range of
development-related documents, including, but
not limited to:
• IMPROVEMENT PLANS
− Rough grading plans
− Street improvement plans
− Sewer improvement plans
− Storm drain improvement plans
− On-site grading and paving plans
− Traffic signal plans
− Traffic striping and signage plans
• SUBDIVISION MAPPING
− Final tract maps
− Parcel maps
• TECHNICAL STUDIES AND REPORTS
− Hydrology and hydraulic studies
− Sewer studies
− Traffic impact analyses
− Geotechnical and soils reports
− Storm Water Pollution Prevention
Plans (SWPPP)
− NPDES compliance documentation
− Water Quality Management Plans
(WQMP)
Our reviews will evaluate design assumptions,
calculations, methodologies, and proposed
mitigation measures to ensure compliance with
City standards, regional requirements, and State
and Federal regulations.
B. CITY SURVEYOR AND TRAFFIC ENGINEER
RESPONSIBILITIES
TKE understands that the Consultant will also serve
as the City Surveyor and City Traffic Engineer
throughout the development review process. This
includes:
• Providing technical guidance on survey,
mapping, and boundary issues
• Reviewing and verifying legal descriptions,
plats, and right-of-way documents
• Advising the City on traffic engineering
matters, including signal design,
signing/striping, and traffic control
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City of Palm Springs
SECTION C | DEM ONSTRATE D UNDE RSTANDING OF THE OVE RALL
PROJECT AND RE QUE STED SCOPE OF WORK
• Supporting the City on survey or
traffic-related questions outside the
development review process when needed
TKE is prepared to fulfill these roles with the highest level of professionalism, accuracy, and
responsiveness.
RIGHT-OF-WAY DOCUMENT REVIEW
TKE recognizes the critical role of accurate
right-of-way documentation in supporting
long-term infrastructure planning and legal
defensibility. Our services include review and
verification of:
• Legal descriptions
• Easements and dedications
• Lot line adjustments
• Certificates of compliance
• Parcel mergers
Our team will ensure that all documents are
technically correct, consistent with City
requirements, and properly aligned with recorded
boundaries and survey data. Our approach
emphasizes:
• Clear, consistent communication with City
staff and applicants
• Timely turnaround of plan checks to
support development schedules
• Constructive, solution-oriented comments
that help resolve issues efficiently
• Strict adherence to City standards, policies,
and procedures
• Professional representation of the City’s
interests in all interactions
We understand that the City values a consultant
who not only identifies issues but also provides
practical, implementable solutions that maintain
public safety, protect City assets, and support
high-quality development.
C . 1 I M P L E M E N A T I O N
P L A N
TKE approaches plan review with a disciplined
engineering methodology grounded in safety,
constructability, regulatory compliance, and
long-term operational performance. Our team
understands that the City relies on these reviews to
ensure that infrastructure projects are designed
correctly the first time, minimizing future
maintenance issues, construction conflicts, and
operational risks.
P L A N R E V I E W R E S P O N S I B I L I T I E S
TKE will:
• Review hydraulic studies, improvement
plans, and material submittals for
conformance with City Standards,
applicable regulations and standards
compliance
• Submit all comments through the City’s
online portal (Enterprise Permitting &
Licensing)
• Attend review meetings with Engineering
and Operations staff to present findings and
incorporate feedback
• Ensure that all recommendations reflect
best practices in design, construction, and
operations
C O N S T R U C T I O N K N O W L E D G E A N D
S T A N D A R D S C O M P L I A N C E
TKE’s staff is experienced with:
• Construction equipment, materials, and
methods used in residential, commercial,
roadway, and utility projects
• The latest Manual on Uniform Traffic
Control Devices (MUTCD) California
Supplement
• City Standard Plans and Technical
Specifications
• Cal-OSHA requirements, traffic control
standards, and permit conditions
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City of Palm Springs
SECTION C | DEM ONSTRATE D UNDE RSTANDING OF THE OVE RALL
PROJECT AND RE QUE STED SCOPE OF WORK
• Geotechnical report interpretation and
incorporation of recommendations into
design
• The latest Greenbook, Caltrans Standard
Specifications, OSHA Construction Safety
Orders, and applicable City/County
standards
Our team maintains current copies of all relevant
standards and reference documents.
C O M M I T M E N T T O T H E C I T Y
TKE is committed to delivering plan check services
that reflect:
• Technical accuracy
• Regulatory compliance
• Constructability and operational insight
• Clear communication
• Professionalism and responsiveness
We understand the critical role these reviews play
in supporting the City’s mission to deliver safe,
reliable, and cost-effective infrastructure
improvement services. TKE is prepared to serve as
a trusted extension of the City’s Engineering team.
P R O J E C T S C H E D U L E
TKE is committed to perform all plan checks within
the following schedule from receipt of the
documents via electronically or hand delivery and
returned to the Engineer of Record with a copy to
the City within:
First Review Subsequent Reviews
Two (2) working days
plus one (1) working day
per sheet
Two (2) working days plus
one (1) working day per
sheet
This turnaround time schedule does not preclude
the option for expedited plan reviews as needed by
the City. When expedited reviews are anticipated
for certain projects deemed as priorities and
authorized by City staff, expedited reviews will be
subject to the fees established for each review type
as a fixed percentage increase to the base review
fees already to be charged, and will be subject to
the following turnaround times:
First Review Subsequent Reviews
One (1) working days
plus half (1/2) working
day per sheet
One (1) working days
plus half (1/2) working
day per sheet
TKE is capable of working with the City’s protocols
for receiving and distributing plan checks. TKE is
capable of receiving the plans electronically or hard
copy. Electronic processing of plans helps to
accelerate the review process. In addition to
utilizing the City’s ERP system for receiving,
reviewing and distributing plan checks, TKE can also
utilize a Dropbox system to exchange plan checks
and redlines back and forth with the City if needed.
All Personnel is highly familiar with BlueBeam and
will mark-up the plans in a designated color to
identify the comments made by TKE personnel. TKE
will set up a City folder in Dropbox for the City to
submit plans and project documents. After the City
has completed uploading project documents onto
the Dropbox and has notified TKE personnel via
emailed, TKE will acknowledge receipt of the email
and distribute the project documents to our plan
checkers for review. Once the review is completed,
redlines, memos and checklists will be uploaded
onto the City’s Dropbox folder for the City to review
and an email will be sent to the City that the review
has been completed.
C. 2 O P E R A T I O N A L
I N S I G H T S
TKE will apply its engineering expertise to
identifying opportunities to improve operational
efficiency; recommending design adjustments that
reduce costs or enhance constructability;
improving access, maintainability, and safety; and
ensuring that all designs reflect practical,
real-world construction and operational
considerations.
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City of Palm Springs
SECTION C | DEM ONSTRATE D UNDE RSTANDING OF THE OVE RALL
PROJECT AND RE QUE STED SCOPE OF WORK
C . 3 C R I T I C A L I S S U E S
C O M M U N I C A T I O N A N D
R E S P O N S I V E N E S S
TKE understands the importance of timely,
professional interaction with City staff. Our team
will respond promptly and courteously to all City
requests, and communicate clearly and concisely,
both verbally and in writing. We will collaborate
effectively with internal and external stakeholders,
and follow all verbal and written instructions with
precision.
T E C H N O L O G Y , T O O L S , A N D W O R K
E N V I R O N M E N T
TKE maintains strong organizational and computer
skills, including proficiency with Microsoft Office
Suite and working knowledge of AutoCAD and
BlueBeam. We will utilize our own office supplies,
computers, and software, and use the City’s online
permitting system for processing applications,
plans, and construction documents.
Q U A L I T Y C O N T R O L / Q U A L I T Y
A S S U R A N C E
TKE takes pride in its reputation for thoroughness,
rapid turnaround, cost efficiency and overall quality
of work, and believes that a high level of quality is
needed on all service provided by TKE. Key
components of the program include check lists,
field reviews, and discussion with Client staff. High
quality services yield the following tangible results:
• Ease of oversight
• Smoother processing
• Minimal delays in the bidding phase
• Absence of design-related change orders
• Reduced claims and dispute resolution costs
TKE believes that the most successful quality
assurance program is one that is applied inherently
throughout the entire process. This program
requires not only formal procedures for checking,
but encourages the conscientious effort of
experienced people to always “think quality” in
every task performed throughout the design
process. This program has become a natural
element in all aspects of TKE’s management
activities, and will guide all services provided by
TKE.
Effective QA/QC includes:
• Staff training and development
• Assignment of experienced staff
• Continuity of staffing
• Project-specific work plan
• Schedule compliance
• Comprehensive field review and
compilation of site data
• Established design procedures
• Established detailing standards
• Established checking procedures, including
independent in-house QA/QC review
• Dual (independent) quantity estimates
• Review by Constructability expert
This Quality Assurance/Quality Control program is
in place to ensure that services provided by TKE
continues to exceed the standards of our clients
and that we will deliver the process and project on
schedule and within budget.
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RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION D | LOCAL PRE FERENCE
SECTION D | LOCAL PREFERENCE
The following Key Personnel have local area experience:
• Terry Renner, P.E., P.L.S., Q.S.D., Client Liaison/Project Manager:
− City Engineering Services, City of Palm Desert – Mr. Renner provides on-call civil engineering services to the City, including City Engineer. He managed more than $12 million in public improvements. While providing these services to the City, he represented the City with other agencies at numerous meetings including RCTC and WRCOG, represents engineering with the City’s council and other public meetings, manages engineering budgets and project schedules, retains other consultants to prepare improvement design projects, manages funding programs, and various related work. In addition, Mr. Renner manages major development projects.
• Steven W. Ledbetter, P.E., Q.S.D., Primary Plan Checker:
− Mission Springs Water District, City of Desert Hot Springs - Mr. Ledbetter provided on-call engineering services to the Mission Springs Water District over the past 10 years. He worked with staff to manage more than $70 million in water and wastewater improvement projects. In addition, Mr. Ledbetter supported the District in several regional water resource planning elements, Integrated Regional Water Management (IRWM), Sustainable Groundwater Management (SGMA), and Salt and Nutrient Management. Services included budget development and management, grant acquisition and administration, technical analysis, capital project planning, design, and delivery, management of projects and other consultants, constructability review, performing plan checking for water and sewer plans, and providing presentations to their Board of Directors and other agencies and stakeholders.
• Joanna Rembis, P.E., Q.S.D., Primary Plan Checker:
− On-Call Plan Checking Services, City of Palm Springs – Over the course of her career, Ms.
Rembis has provided more than three years of on-call plan review support to the City of Palm Springs, assisting the Engineering and Development Services Departments with a wide range of municipal development review functions.
− Coachella Valley Water District, City of Palm Desert – Mr. Rembis has worked with the Coachella Valley Water District for over 20 years providing engineering and construction management services to the District on various projects. Highlights of services provided to the District include: evaluating and prioritizing 64 facilities for design, maintenance, and rehabilitation; preparing plans and specifications and providing bid support and construction management for system upgrades; designing nine new reservoirs and rehabilitating 18 existing reservoirs; delivering bid support, construction management, and quality control for infrastructure improvements; preparing plans and specifications for a new concrete ring wall beneath an existing 5.0 MG reservoir and managing construction activities; and overseeing more than $10 million in project costs for the District.
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SECTION E | FORM S
SECTION E | FORMS
A T T A C H M E N T “ A ” – S I G N A T U R E A U T H O R I Z A T I O N
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SECTION E | FORM S
K E Y S T A F F P R O F E S S I O N A L L I C E N S E S
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SECTION E | FORM S
A D D E N D A A C K N O W L E D G E M E N T S
TKE acknowledges receiving the following addenda:
1. Addendum No. 1 – April 6, 2026
2. Addendum No. 2 – April 7, 2026
3. Addendum No. 3 – April 20, 2026
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A T T A C H M E N T “ B ” – N O N - C O L L U S I O N A F F I D A V I T
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SECTION E | FORM S
A T T A C H M E N T “ C ” – C O N F L I C T O F I N T E R E S T
A N D N O N - D I S C R I M I N A T I O N C E R T I F I C A T I O N
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SECTION E | FORM S
A T T A C H M E N T “ D ” – P U B L I C I N T E G R I T Y
D I S C L O S U R E
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SECTION E | FORM S
A T T A C H M E N T “ E ” – R E F E R E N C E S
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SECTION E | FORM S
A T T A C H M E N T “ F ” – E X E C U T I V E O R D E R N - 6 - 22
C E R T I F I C A T I O N
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TKE Engineering, Inc.
73-993 Highway 111, Suite 201
Palm Desert, CA 92260
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55575.18100\42907009.1
BB&K (2024) Page 24 of 25
EXHIBIT “B”
SCHEDULE OF COMPENSATION
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Grading Plan
Less than 15,000 SF $ 800 Per Sheet
15000 SF to 4 acres $ 1,000 Per Sheet
4+ acres $ 1,200 Per Sheet
Additional Per Sheet Charge on the Fourth (4th Resubmittal) $ 200 Per Sheet Fast Tract Performance Schedule 150% Original Fee
Plan Check Fess for Public Improvements (Street, Sewer, Drainage) Traffic Signal Plans $ 600 Per Sheet
Street Plans $ 1,200 Per Sheet
Sewer Plans $ 800 Per Sheet
Storm Drains $ 900 Per Sheet
Signing and Striping Plans $ 600 Per Sheet
Additional Per Sheet Charge on the Fourth (4th Resubmittal) $ 100 Per Sheet Fast Track Performance Schedule 150% Original Fee
Plan Check / Review
WQMP / Hydrology Report $ 2,000 Per Report
Traffic Impact Analysis $ 1,400 Per Report
TIA Scoping Agreement $ 500 Per Report
Professional Services/ Technical Reports and Additional Services Subdivision Maps
Parcel Maps $ 700 Per Sheet
Plus $ 25 Parcel
Final Maps (Or Parcel Maps 5 lots or More) $ 1,036 Per Sheet Plus $ 25 Parcel
Revision of Final and Parcel Maps $ 250 Per Sheet
Additional Per Sheet Charge on the Fourth (4th Submittal) $ 100.00 Per Sheet Fast Track Performance Schedule 150% Original Fee
Legal Documents
Lot Line Adjustment
Parcel Merger
Certificate of Compliance
Right-of-Ways/Easements
Vacations (Streets and Easements)
Dedication and Easements
$ 800
$ 700
Proposed Fee
ON-CALL CIVIL PLAN CHECK SERVICES
$ 700
$ 700
$ 800
T&M
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Revised April 2026
RATE SCHEDULE
2026-2027
HOURLY
RATE
Principal in Charge.. .......... .......... .......... ...................... .......... .......... .......... $200.00 Project Manager/Construction Manager/Licensed Surveyor ..... .......... .......... $190.00 Traffic Engineer (TE).......... .......... .......... ...................... .......... .......... .......... $200.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker.... .......... .......... $180.00 Assistant Project Manager/Associate Engineer.............. .......... .......... .......... $170.00 Assistant Engineer/Plan Checker/Designer.................... .......... .......... .......... $160.00 AutoCAD Technician.......... .......... .......... ...................... .......... .......... .......... $150.00 Engineering Technician...... .......... .......... ...................... .......... .......... .......... $120.00 Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $100.00 Forensic Engineering ......... .......... .......... ...................... .......... .......... .......... $315.00 Expert Witness Testimony .......... .......... ...................... .......... .......... .......... $415.00
SURVEYING SERVICES
2-Man Survey Crew (Prevailing Wage).... ...................... .......... .......... .......... $275.00
CONSTRUCTION SERVICES
Senior Construction Inspector (Prevailing Wage) ........... .......... .......... .......... $150.00 Construction Inspector (Prevailing Wage) ...................... .......... .......... .......... $140.00
REIMBURSABLE COSTS
In-house Reproduction ...... .......... .......... ...................... .......... .......... .......... Cost Printing and Materials ........ .......... .......... ...................... .......... .......... .......... Cost + 10% Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10% Special Subconsultant Services ... .......... ...................... .......... .......... .......... Cost + 10% All rates herein are subject to an annual rate adjustment of 3% upon July 1 of each year.
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55575.18100\42907009.1
BB&K (2024) Page 25 of 25
EXHIBIT “C”
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Attachment C - Public
Integrity Disclosure Forms
I – Page 359 of 1386
CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
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
Engineering Resources of Southern California, Inc.
1861 W Redlands Blvd., Redlands, CA 92373
77-564 Country Club Dr., Ste 128, Palm Desert, CA 92211 California
PAGE 1
Trent Brudin, PE - Secretary
Moe Ahmadi, PE - Vice President
John M. Brudin, PE - President
37 I – Page 360 of 1386
CITY OF PALM SPRINGS – PUBLIC INTEGRITY
DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principle Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
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
Engineering Resources of Southern California, Inc.
PAGE 2
Craig Brudin, LSIT, QSP - Treasurer
1861 W Redlands Blvd., Redlands, CA 92373
77-564 Country Club Dr., Ste 128, Palm Desert, CA 92211 California
38 I – Page 361 of 1386
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
John M. Brudin, PE 65%
Moe Ahmadi, PE 15%
Trent Brudin, PE 10%
Craig Brudin, LSIT, QSP 10%
April 28, 2026
39 I – Page 362 of 1386
P a g e | vii
RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION E | FORM S
A T T A C H M E N T “ D ” – P U B L I C I N T E G R I T Y
D I S C L O S U R E
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P a g e | viii
RFQ | On-Call Civil Plan Check Services (RFQ 02-26)
City of Palm Springs
SECTION E | FORM S
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CITY COUNCIL STAFF REPORT
DATE: JUNE 24, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 2 TO THE AGENCY REIMBURSEMENT
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS (CITY) AND
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR THE
SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT OVER
TAHQUITZ CREEK FOR INCREASED FUNDING COMMITMENTS
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Approval of Amendment No. 2 to the Reimbursement Agreements between the City of Palm Springs and the Coachella Valley Association of Governments (CVAG) will increase CVAG’s Regional Arterial Program funding contribution from $865,326 to $2,125,717.50.
This represents an increase of $1,260,391.50 to cover higher construction costs resulting from increased preliminary engineering, unforeseen coordination requirements, cultural monitoring, right-of-way constraints and additional management fees.
RECOMMENDATION:
1) Approve Amendment No. 2 to Agreement No. 6530, a Reimbursement Agreement with CVAG, increasing funding for Construction and Construction Management services for the South Palm Canyon Drive Bridge Replacement over Tahquitz Creek, City Project No. 12-02, federal aid Project No. BRLS 5282(042) and; 2) Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The South Palm Canyon Drive Bridge (State Bridge No. 56C0408), originally built in 1930 and widened in 1956, was identified in a 2009 Bridge Inspection Report as “Structurally Deficient.” This designation indicated inadequate structural redundancies and qualified the bridge for federal funding for rehabilitation or replacement from California’s Department of Transportation (“Caltrans”) Federal Highway Bridge Program (HBP). The project is now under construction, and the original bridge structure has been completely removed.
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City Council Staff Report
June 24, 2026 - Page 2
Approve Amendment 2 to CVAG Reimbursement Agreement 6530 for CP 12-02 Caltrans provided funding through the HBP program to support the design and construction of this bridge, as well as several other bridges within the City of Palm Springs that are included in the adopted CVAG Transportation Project Prioritization Study (TPPS).
Under this funding commitment, Caltrans agreed to cover 88.53% of all eligible project costs. The remaining local match, along with any project expenses not eligible under the HBP program, is to be shared between CVAG and the City of Palm Springs based on a 75% / 25% cost split. Caltrans typically programs funding for the full project, including all phases, when incorporating it into the HBP program.
On January 27, 2014, the CVAG Executive Committee approved the Original Reimbursement Agreement, establishing CVAG’s initial contribution of $76,476 for the preliminary engineering (PE) phase of the project.
On April 24, 2017, after Caltrans approved increasing the HBP Share to a total of $8,118,200, CVAG’s Executive Committee approved Amendment No. 1 to the Reimbursement Agreement. This amendment increased CVAG’s contribution by a notto-exceed amount of $788,850 for additional preliminary engineering costs and added funding commitments for the Right of Way and Construction phases. The City subsequently approved the amendment on June 7, 2017.
On October 10, 2024, City Council awarded a construction contract to Riverside Construction, Inc., and a Construction Management Services contract to Harris & Associates, Inc.
On March 4, 2026, the City of Palm Springs submitted a request to CVAG for approval of Amendment No. 2 to the Agency Reimbursement Agreement for the South Palm Canyon Drive Bridge Replacement Project over Tahquitz Creek. The amendment increases the Regional Arterial Program funding allocation from $865,326 to $2,125,717.50, an increase of $1,260,391.50. CVAG approved the amendment on April 27, 2026. The request letter and Amendment No. 2 are included as Attachment A.
STAFF ANALYSIS:
As of the date of this report, construction is approximately 50% complete. The increase in project costs reflects both project-specific challenges and broader regional construction market conditions, including cost increases in materials, and increased labor costs since the project's original 2017 cost estimates were established. Project cost drivers include higher preliminary engineering expenses stemming from greater than expected permitting and review fees, unanticipated interagency environmental coordination, and revisions required to address right-of-way constraints related to utility conflicts along the project corridor. Construction costs have also increased to reflect current market bid prices and to incorporate cultural monitoring, which was required by regulatory agencies under Section 106 of the National Historic Preservation Act. CVAG's approval of Amendment No. 2 was granted by their Executive Committee on April 27, 2026, affirming their commitment and partnership with the City to the project.
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City Council Staff Report
June 24, 2026 - Page 3
Approve Amendment 2 to CVAG Reimbursement Agreement 6530 for CP 12-02 The Project’s current funding summary including all funding sources is summarized in Table 1 below.
Table 1
Funding Source Funding Amount
Federal Highway Bridge Program: $13,611,000.00
Desert Water Agency: $876,710.00
Southern California Gas: $30,000.00
CVAG Funding Share: $2,125,717.50
City Funding Share: $708,572.50
Total Costs: $17,352,000.00
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: Infrastructure and Facilities.
FISCAL IMPACT:
This amendment will allow the City to accept and utilize the CVAG Regional funds. The Federal Highway Bridge Program (HBP) will continue to fund 88.53% of all eligible project costs. The remaining 11.47% match, along with any non-HBP eligible costs, will be funded locally. In accordance with CVAG policy, 75% of these locally funded costs will be covered by Regional Measure A funds, and the City’s 25% share will be funded with local Measure A funds. The City’s required contribution is available in the project’s budget.
REVIEWED BY:
Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
Director of Finance: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:
A. Attachment A – Letter from the City to CVAG and Amendment No 2.
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Attachment A
Request letter to CVAG and Amendment No. 2
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CITY COUNCIL STAFF REPORT
DATE: JUNE 24, 2026 CONSENT CALENDAR
SUBJECT: AWARD CONSTRUCTION CONTRACTS TO ACCESS GENERAL CONTRACTING, INC., AND VAN ENGINEERING, INC., FOR ON-CALL
CONCRETE REPAIR AND REPLACEMENT SERVICES
FROM: Scott C. Stiles, City Manager
BY: David McAbee, Director of Public Works
SUMMARY:
This action will award construction contracts to Access General Contracting, Inc., in the amount of $960,000, and Van Engineering, Inc., in the amount of $640,000, for on-call concrete repair and replacement services for an initial three-year term.
RECOMMENDATION:
1) Approve Construction Contract No. 24B088 (Attachment A) with Access General Contracting, Inc., to provide on-call concrete repair and replacement services in an amount not to exceed $960,000 for an initial three-year term commencing on July 1, 2026, and continuing through June 30, 2029, with two one-year extension options at the City’s sole discretion;
2) Approve Construction Contract No. 24B089 (Attachment B) with Van Engineering Inc., to provide on-call concrete repair and replacement services in an amount not to exceed $640,000 for an initial three-year term commencing on July 1, 2026, and continuing through June 30, 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 May of 2026, Access General Contracting, Inc., and Van Engineering, Inc., are registered in the state of California.
K – Page 374 of 1386
City Council Staff Report
June 24, 2026 -- Page 2
Construction Contracts for On-Call Concrete Repair and Replacement Services BACKGROUND:
The Public Works Department requires the services of qualified and licensed contractors to provide on-call concrete repair and replacement services at various locations throughout the City to support ongoing concrete maintenance, accessibility improvements, and related capital and operational needs.
The City owns, operates, and maintains vast quantities of concrete related infrastructure requiring continuous maintenance, repair, and rehabilitation to preserve structural integrity, ensure public safety, and maintain compliance with applicable federal, state, and local standards. Services to be performed under these contracts may include planned maintenance activities, accessibility improvements, capital improvement support, and unanticipated or emergency repairs necessary to address concrete failures, safety hazards, or operational deficiencies within the public right-of-way and throughout City owned facilities.
The City has established and would like to continue utilizing on-call delivery contracts under which services shall be performed on an as-needed basis and authorized solely through written purchase orders issued by the City’s Public Works Department. For each purchase order, the City will determine the specific location, scope, quantities, construction methods, and schedule of work based on operational priorities, pavement conditions, and available funding. No minimum quantity of work is guaranteed under this agreement.
This agreement is intended to provide the City with a flexible, cost-effective, reliable mechanism for delivering consistent, high-quality concrete repair and replacement services while minimizing disruption to the public.
The City’s current agreement for on-call concrete repair and replacement services is with Hardy & Harper Inc., under Agreement No. 24B083 in an amount not to exceed $1,500,000. The agreement began on May 13, 2024, and continues through May 12, 2027. Services are provided on an as-needed basis throughout the City.
The agreement with Hardy & Harper is nearing its not-to-exceed limit, requiring solicitation of these services needed. Additionally, the City previously awarded a single contract for these services, and has determined awarding on-call agreements with two vendors would 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 on-call concrete services without interruption.
STAFF ANALYSIS:
The contracts with Access General Contracting, Inc., and Van Engineering, Inc., are oncall, 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
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City Council Staff Report
June 24, 2026 -- Page 3
Construction Contracts for On-Call Concrete Repair and Replacement Services of the contracts is based on the budgeted amount set by the Department and will therefore not match the bid amounts.
On April 13, 2026, the Procurement and Contracting Department issued Invitation for Bids (IFB 26-10) for on-call concrete repair and replacement services based on the specifications provided by the Public Works Department. IFB 26-10 was advertised in the local newspaper and published on the PlanetBids website with notification to 426 registered vendors. This outreach resulted in the submission of 9 bids.
The following contractors submitted bids for consideration by the May 04, 2026, deadline.
Vendor Location Bids
Access General Contracting, Inc. Corona, CA $1,961.152.25 S&H Civilworks (Withdrew Bid) Colton, CA $1,984,602.10
Van Engineering Inc. Wildomar, CA $2,093,502.10
Hardy & Harper, Inc. Lake Forest, CA $2,123,350.00
Charter Concrete, Inc. Imperial, CA $2,150,792.11
Gentry General Engineering Inc. Colton, CA $2,362,687.20 ONYX Paving Co, Inc. Yorba Linda, CA $2,424,000.00
Granite Construction Co. Indio, CA $2,852,002.75
Pub Construction Inc. Diamond Bar, CA $3,066,762.70
The Department’s intent for this solicitation is to award two contracts to the lowest, responsive and responsible bidders. Access General Contracting, Inc., will be the primary contract holder and Van Engineering, 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 (24B088) with Access General Contracting, Inc., and (24B089) with Van Engineering, Inc., for on-call concrete repair and replacement services for the initial three-year term in the amounts not to exceed $960,000 and $640,000, respectively, effective July 1, 2026, through June 30, 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.
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City Council Staff Report
June 24, 2026 -- Page 4
Construction Contracts for On-Call Concrete Repair and Replacement Services 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 Access General Contracting, Inc., and $640,000 for Van Engineering, Inc.
Funding is available in the 2026-27 budget and will be budgeted in subsequent years.
Public Works: 1006515-40105 & 60025; 5206570-40105 & 50119 Gas Tax: 1333090-80000
Measure A -Local: 1343085-80000
Measure J: 2603080-80000
Measure J Deferred Maintenance: 2603205-50119
REVIEWED BY:
Assistant Director 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 (24B088) – Access General Contracting, Inc.
B. Construction Contract (24B089) – Van Engineering, Inc.
C. Public Integrity Disclosure Forms
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ATTACHMENT “A”
26B088 Access General Constructing
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55575.18100\42920836.2
Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT 26B088
ON-CALL CONCRETE REPAIR AND REPLACEMENT SERVICES
1. PARTIES AND DATE.
This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Access General Contracting, 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 concrete repair and replacement services 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: A or C8
2.3 Project. City desires to engage Contractor to render such services for the On-Call concrete repair and replacement services (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Performance Bond, Payment Bond, Public Works Contractor Registration Certification and Insurance document 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 ($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 since
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55575.18100\42920836.2
Revised 8.9.23 Page 2 of 48
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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55575.18100\42920836.2
Revised 8.9.23 Page 3 of 48
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 3 years, 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 ($ 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 action occurring at the project site and the effects thereof on the work, only to the extent such
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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”)
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 plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.
Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
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 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
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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, markups, 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, 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.
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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 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
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3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship
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Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total
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land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
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and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep 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 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
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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 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.
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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 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
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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 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
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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 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
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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.
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.
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3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may 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.
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.
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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.
Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
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3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, 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.
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.
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3.15.6 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured 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 selfinsured 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.
3.15.7 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.
3.15.8 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.
3.15.9 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.10 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 become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
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notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
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
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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 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 Albert Tene, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.
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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: Access General Contracting, Inc.
Attention: Albert Tene
357 N. Sheridan St., Suite 100
Corona, CA 92878
Telephone: (951) 223-5866
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract,
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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.
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.
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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 ACCESS GENERAL CONTRACTING, 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
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Scope:
A. Concrete work may include sidewalks, curbs, curb and gutter systems, cross gutters, spandrels, pedestrian ramps, driveway approaches, and other related concrete flatwork. Concrete thicknesses, reinforcement requirements, surface finishes, and construction methods shall be as specified in applicable City standards, project plans, or purchase order directives.
B. The contractor shall maintain sufficient personnel, equipment, tools and operational capacity to respond promptly to routine maintenance requests and time-sensitive or emergency repairs, as directed by the City.
C. All work performed under this contract shall comply with City of Palm Springs Standard Drawings and Specifications, the latest edition of the Standards for Public Works Construction, the California Building Code, applicable ADA requirements, and all applicable federal, state, and local laws and regulations.
D. The scope of work includes but is not limited to the following: the removal, disposal, and placement of new concrete for sidewalks, curbs, ramps, etc.
E. Service Categories and response time
1) Routine Repairs : Planned maintenance and non-emergency concrete repairs.
Work shall commence within five (5) business days of written authorization and be completed within ten (10) working days of commencement. 2) Priority Repairs : Repairs affecting traffic safety, transit routes, or major thoroughfares. Work shall commence within forty-eight (48) hours of written authorization and be completed within five (5) working days of commencement 3) Emergency Repairs: Repairs required to address immediate safety hazards or critical pavement failures. Contractor shall be on site within four (4) hours of notification, twenty-four (24) hours per day, seven (7) days per week. Temporary repairs shall be completed within eight (8) hours of notification, with permanent repairs completed within three (3) working days unless otherwise directed by the City.
F. Work Locations : Work may be required at various locations throughout the City, including but not limited to:
1) City streets and roadways
2) Municipal parking lots and facilities
3) Sidewalks and pedestrian areas
4) Curbs and gutters
5) Bike paths and recreational trails
G. Environmental Compliance: The Contractor shall comply with all environmental regulations, including NPDES permit requirements. All waste materials shall be properly disposed of at approved facilities. Dust control and stormwater best management practices shall be implemented as required. Storm drains and waterways shall be protected from contamination. Waste disposal receipts shall be provided with invoice documentation.
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H. Scope of work for concrete repair and replacement Services includes but it did not limit to:
1) Sidewalk works
a) Removal, disposal, and replacement of damaged concrete sidewalks. b) Thickness: 3", 4", 6", or 8" as specified
c) Installation of expansion joints, control joints, and proper drainage d) Surface finishing to match existing adjacent surfaces 2) Curb and gutter systems
a) Type A curbs per City Standard #200
b) Type B curb and gutter per City Standard #205
c) A-6/A-8 curb installations
d) Cross gutters and spandrel work
e) Proper tie-ins to existing infrastructure
3) ADA Compliance works
a) Construction of ADA-compliant pedestrian ramps
b) Sidewalk modifications for accessibility compliance
c) Truncated domes installation where required
d) Compliance with City Policy for Accessible Pedestrian Facilities 4) Driveway and approach works
a) Residential and commercial driveway approaches
b) Various thickness requirements (4", 6", 8")
c) Proper transitions to existing pavement and sidewalks 5) Specialized concrete works
a) Historic and architectural concrete restoration
i. Matching existing historic concrete finishes and textures ii. Replication of original aggregate exposure patterns iii. Color matching for existing concrete surfaces
iv. Restoration of decorative concrete elements including. a. Cast-in-place ornamental features
b. Textured and patterned surfaces
c. Period-appropriate joint patterns and tooling
d. Documentation and approval process for historic designated work 6) Decorative Finished Flatwork
a) Stamped concrete patterns and textures
b) Exposed aggregate finishes with specified aggregate types
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c) Integral color concrete systems
d) Acid stain and chemical stain applications
e) Broom finish, float finish, and trowel finish variations f) Sand finish for texture matching
g) Seeded aggregate surfaces
7) Specialized Surface Treatments
a) Concrete grinding and polishing
b) Surface preparation for overlay systems
c) Structural crack repair and injection systems
d) Concrete densification and hardening treatments
e) Anti-slip surface applications
f) Waterproofing and protective coatings
8) Architectural Concrete Elements
a) Precast concrete installation and repair
b) Concrete planters and landscape features
c) Retaining walls and seat walls
d) Concrete steps and stair systems
e) Bollards and security barriers
f) Custom concrete furnishings
9) Material specifications / Concrete requirements
a) All concrete shall be Class 560 C 3250 minimum compressive strength b) White pigmentation or approved curing compound required for all visible surfaces
c) Wire mesh reinforcement where specified in City standards d) Proper aggregate gradation and mix design approval required 10) Quality standards
a) All materials shall meet or exceed City specifications b) Contractor shall provide material certifications upon request c) No substitutions without prior written approval from Project Manager I. Project notification and coordination
1) Contractor shall provide forty-eight (48) hour advance notice to the City's Project Manager prior to commencing any work, except for emergency repairs which require four (4) hour notice
2) Daily coordination meetings may be required for complex or multi-phase projects
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3) Contractor shall coordinate with utility companies and other contractors as necessary
J. Traffic Control and safety: Traffic control shall be implemented at all work locations in conformance with:
1) City of Palm Springs Standards
2) Work Area Traffic Control Handbook (WATCH Manual) - Latest Edition 3) California Manual on Uniform Traffic Control Devices (CA MUTCD) 4) State and Federal safety regulations
5) The Contractor shall maintain safe pedestrian access or provide appropriate detours at all times. The Contractor is required to provide comprehensive traffic control during each mobilization and for the duration of every assigned job. The specific timeframe for traffic control measures will depend upon the entirety of the requested work and the curing time necessary for the concrete repairs. All traffic control devices shall be properly installed and maintained throughout the duration of the project to ensure public safety.
K. Environmental protection
1) Contractor shall implement Best Management Practices (BMPs) for stormwater pollution prevention at each work site
2) Storm Water Pollution Prevention Plan (SWPPP) compliance where required 3) Proper disposal of all concrete debris and construction waste in accordance with local regulations
4) Sites must be left in neat, orderly, and clean condition upon completion L. Quality control and acceptance
1) All work shall be subject to inspection and approval by the City's Public Works Department
2) Contractor shall provide twenty-four (24) hour notice prior to concrete placement for City inspection
3) Work not meeting specifications shall be removed and replaced at Contractor's expense
4) Final acceptance requires City approval and completion of all cleanup activities M. Work Authorization
All work shall be authorized through written purchase orders issued by the City's Public Works Department. Purchase orders will include:
1) Specific scope of work and location
2) Required completion timeline
3) Special conditions or requirements
4) Maximum authorized amount
5) No work shall commence without proper purchase order authorization.
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N. Project Management
City's Project Manager will serve as primary point of contact for all work coordination.
Contractor shall designate a qualified project manager available during normal business hours. Regular progress reporting may be required for larger projects.
O. Documentation Requirements
1) Daily logs and progress photos for projects.
2) Material delivery receipts and certifications.
3) As-built documentation for significant infrastructure modifications 4) Final project documentation and warranty information upon completion Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. 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.
3. 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.
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.
Invoicing:
Contractor will submit an itemized invoice. 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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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.
Access General Contracting, 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/PublicWorks/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 ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (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 ________________, (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, _______________, 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 ___________________________ DOLLARS, ($____________), 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:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
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By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact 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 ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly 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 ______________ Dollars ($___________) 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”
EXECUTIVE ORDER N-6-22 CERTIFICATION
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Exhibit H
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”
26B089 Van Engineering Inc.
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Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT 26B089
ON-CALL CONCRETE REPAIR AND REPLACEMENT SERVICES
1. PARTIES AND DATE.
This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], 2026 (“Effective Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Van Engineering 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 concrete repair and replacement services 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: A or C8
2.3 Project. City desires to engage Contractor to render such services for the On-Call concrete repair and replacement services (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Performance Bond, Payment Bond, Public Works Contractor Registration Certification and Insurance document 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 ($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
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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 3 years, 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 ($ 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 action occurring at the project site and the effects thereof on the work, only to the extent such
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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”)
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 plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference.
Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
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 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
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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, markups, 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, 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.
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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 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
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3.9 Labor.
3.9.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.
Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.9.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.9.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.9.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship
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Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.
In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.9.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
3.9.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total
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land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.10.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.10.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.10.1.5 Liability for Non-Compliance. Failure to comply with laws, regulations, standards, ordinances, and permits listed in Sections 3.10.1.1, 3.10.1.2, 3.10.1.3, and 3.10.1.4 of the Contract is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.10.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.10.1.7 Training. In addition to the standard of performance requirements set forth in this Contract, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.10.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.10.1 as they may relate to the Work provided under this Contract. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.10.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state
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and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
3.10.3 Laws and Regulations. Contractor shall keep 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 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
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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 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.
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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 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
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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 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
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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 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
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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.
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.
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3.12.10.4 A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to the Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
3.12.11 Non-Waiver. City’s failure to respond to a Claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety and shall not constitute a waiver of any rights under this section.
3.13 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may 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.
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.
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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.
Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.15.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.
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3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, 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.
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.
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3.15.6 Deductibles and Self-Insurance Retentions. Any deductibles or selfinsured 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 selfinsured 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.
3.15.7 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.
3.15.8 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.
3.15.9 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.10 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 become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
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notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
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
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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 available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.
3.20.3 Covenant 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),
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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 Albert Tene, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.21.4 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
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To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Van Engineering Inc.
Attention: Vincenzo Nanci
36520, Villa Del Sol
Wildomar, CA 92595
Telephone: (951) 331-1506
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
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
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resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.21.17 Non-Waiver. None of the 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 VAN ENGINEERING 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
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Scope:
A. Concrete work may include sidewalks, curbs, curb and gutter systems, cross gutters, spandrels, pedestrian ramps, driveway approaches, and other related concrete flatwork. Concrete thicknesses, reinforcement requirements, surface finishes, and construction methods shall be as specified in applicable City standards, project plans, or purchase order directives.
B. The contractor shall maintain sufficient personnel, equipment, tools and operational capacity to respond promptly to routine maintenance requests and time-sensitive or emergency repairs, as directed by the City.
C. All work performed under this contract shall comply with City of Palm Springs Standard Drawings and Specifications, the latest edition of the Standards for Public Works Construction, the California Building Code, applicable ADA requirements, and all applicable federal, state, and local laws and regulations.
D. The scope of work includes but is not limited to the following: the removal, disposal, and placement of new concrete for sidewalks, curbs, ramps, etc.
E. Service Categories and response time
1) Routine Repairs : Planned maintenance and non-emergency concrete repairs.
Work shall commence within five (5) business days of written authorization and be completed within ten (10) working days of commencement. 2) Priority Repairs : Repairs affecting traffic safety, transit routes, or major thoroughfares. Work shall commence within forty-eight (48) hours of written authorization and be completed within five (5) working days of commencement 3) Emergency Repairs: Repairs required to address immediate safety hazards or critical pavement failures. Contractor shall be on site within four (4) hours of notification, twenty-four (24) hours per day, seven (7) days per week. Temporary repairs shall be completed within eight (8) hours of notification, with permanent repairs completed within three (3) working days unless otherwise directed by the City.
F. Work Locations : Work may be required at various locations throughout the City, including but not limited to:
1) City streets and roadways
2) Municipal parking lots and facilities
3) Sidewalks and pedestrian areas
4) Curbs and gutters
5) Bike paths and recreational trails
G. Environmental Compliance: The Contractor shall comply with all environmental regulations, including NPDES permit requirements. All waste materials shall be properly disposed of at approved facilities. Dust control and stormwater best management practices shall be implemented as required. Storm drains and waterways shall be protected from contamination. Waste disposal receipts shall be provided with invoice documentation.
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H. Scope of work for concrete repair and replacement Services includes but it did not limit to:
1) Sidewalk works
a) Removal, disposal, and replacement of damaged concrete sidewalks. b) Thickness: 3", 4", 6", or 8" as specified
c) Installation of expansion joints, control joints, and proper drainage d) Surface finishing to match existing adjacent surfaces 2) Curb and gutter systems
a) Type A curbs per City Standard #200
b) Type B curb and gutter per City Standard #205
c) A-6/A-8 curb installations
d) Cross gutters and spandrel work
e) Proper tie-ins to existing infrastructure
3) ADA Compliance works
a) Construction of ADA-compliant pedestrian ramps
b) Sidewalk modifications for accessibility compliance
c) Truncated domes installation where required
d) Compliance with City Policy for Accessible Pedestrian Facilities 4) Driveway and approach works
a) Residential and commercial driveway approaches
b) Various thickness requirements (4", 6", 8")
c) Proper transitions to existing pavement and sidewalks 5) Specialized concrete works
a) Historic and architectural concrete restoration
i. Matching existing historic concrete finishes and textures ii. Replication of original aggregate exposure patterns iii. Color matching for existing concrete surfaces
iv. Restoration of decorative concrete elements including. a. Cast-in-place ornamental features
b. Textured and patterned surfaces
c. Period-appropriate joint patterns and tooling
d. Documentation and approval process for historic designated work 6) Decorative Finished Flatwork
a) Stamped concrete patterns and textures
b) Exposed aggregate finishes with specified aggregate types
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c) Integral color concrete systems
d) Acid stain and chemical stain applications
e) Broom finish, float finish, and trowel finish variations f) Sand finish for texture matching
g) Seeded aggregate surfaces
7) Specialized Surface Treatments
a) Concrete grinding and polishing
b) Surface preparation for overlay systems
c) Structural crack repair and injection systems
d) Concrete densification and hardening treatments
e) Anti-slip surface applications
f) Waterproofing and protective coatings
8) Architectural Concrete Elements
a) Precast concrete installation and repair
b) Concrete planters and landscape features
c) Retaining walls and seat walls
d) Concrete steps and stair systems
e) Bollards and security barriers
f) Custom concrete furnishings
9) Material specifications / Concrete requirements
a) All concrete shall be Class 560 C 3250 minimum compressive strength b) White pigmentation or approved curing compound required for all visible surfaces
c) Wire mesh reinforcement where specified in City standards d) Proper aggregate gradation and mix design approval required 10) Quality standards
a) All materials shall meet or exceed City specifications b) Contractor shall provide material certifications upon request c) No substitutions without prior written approval from Project Manager I. Project notification and coordination
1) Contractor shall provide forty-eight (48) hour advance notice to the City's Project Manager prior to commencing any work, except for emergency repairs which require four (4) hour notice
2) Daily coordination meetings may be required for complex or multi-phase projects
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3) Contractor shall coordinate with utility companies and other contractors as necessary
J. Traffic Control and safety: Traffic control shall be implemented at all work locations in conformance with:
1) City of Palm Springs Standards
2) Work Area Traffic Control Handbook (WATCH Manual) - Latest Edition 3) California Manual on Uniform Traffic Control Devices (CA MUTCD) 4) State and Federal safety regulations
5) The Contractor shall maintain safe pedestrian access or provide appropriate detours at all times. The Contractor is required to provide comprehensive traffic control during each mobilization and for the duration of every assigned job. The specific timeframe for traffic control measures will depend upon the entirety of the requested work and the curing time necessary for the concrete repairs. All traffic control devices shall be properly installed and maintained throughout the duration of the project to ensure public safety.
K. Environmental protection
1) Contractor shall implement Best Management Practices (BMPs) for stormwater pollution prevention at each work site
2) Storm Water Pollution Prevention Plan (SWPPP) compliance where required 3) Proper disposal of all concrete debris and construction waste in accordance with local regulations
4) Sites must be left in neat, orderly, and clean condition upon completion L. Quality control and acceptance
1) All work shall be subject to inspection and approval by the City's Public Works Department
2) Contractor shall provide twenty-four (24) hour notice prior to concrete placement for City inspection
3) Work not meeting specifications shall be removed and replaced at Contractor's expense
4) Final acceptance requires City approval and completion of all cleanup activities M. Work Authorization
All work shall be authorized through written purchase orders issued by the City's Public Works Department. Purchase orders will include:
1) Specific scope of work and location
2) Required completion timeline
3) Special conditions or requirements
4) Maximum authorized amount
5) No work shall commence without proper purchase order authorization.
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N. Project Management
City's Project Manager will serve as primary point of contact for all work coordination.
Contractor shall designate a qualified project manager available during normal business hours. Regular progress reporting may be required for larger projects.
O. Documentation Requirements
1) Daily logs and progress photos for projects.
2) Material delivery receipts and certifications.
3) As-built documentation for significant infrastructure modifications 4) Final project documentation and warranty information upon completion Pricing:
1. The pricing included in this Contract shall be firm for the first year.
2. 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.
3. 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.
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.
Invoicing:
Contractor will submit an itemized invoice. 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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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.
Access General Contracting, 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/PublicWorks/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 ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (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 ________________, (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, _______________, 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 ___________________________ DOLLARS, ($____________), 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:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
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By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact 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 ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly 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 ______________ Dollars ($___________) 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”
EXECUTIVE ORDER N-6-22 CERTIFICATION
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Exhibit H
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 Disclosures
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K – Page 477 of 1386
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CITY COUNCIL STAFF REPORT
DATE: JUNE 24, 2026 CONSENT CALENDAR
SUBJECT: RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S ANNUAL
REPORT ON COMPLIANCE WITH STATE MANDATED INSPECTION
FROM: Scott C. Stiles, City Manager
BY: Fire Department
SUMMARY:
Staff recommends that the City Council receives the Fire Department’s annual report regarding the inspection of certain occupancies including schools, hotels, motels, lodging houses, apartments, and certain residential care facilities, and adopts a Resolution pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
RECOMMENDATION:
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION MANDATES.”
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
N/A
BACKGROUND:
The California Health and Safety Code requires fire departments within the State of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities that are within their jurisdiction.
Inspectors look for compliance with building standards, and other regulations created by the State Fire Marshal. The inspections focus on public safety and preventing fires.
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City Council Staff Report
June 24, 2026 -- Page 2
Compliance with State Inspection Mandates
Pursuant to Senate Bill 1205 (SB 1205), the California Health and Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018, to read:
(a) Every city or county fire department, or district, required to perform annual Inspections pursuant to Sections 13146.2 and 13146.3, shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.
(b) The report, made pursuant to subdivision (a), shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report, made pursuant to subdivision(a), in a resolution or a similar formal document.
(d) For purposes of this section, "administering authority” means a city council, county board of supervisors, or district board.
STAFF ANALYSIS:
The Fire Department’s Community Risk Reduction Division (CRR) is responsible for fire and life safety community programs throughout the City of Palm Springs. One of these programs is the California State Fire Marshal Mandated Annual Inspection program. The annual inspection program requirement is conducted and completed by the Division’s inspectors throughout the year.
Division inspectors issue correction notices for violations. The amount of time provided for the correction of violations is dependent upon the violation itself. Immediately dangerous situations, for example, blocked emergency exits, or gaseous materials stored indoors, require immediate correction, while less dangerous or more complicated situations, such as fire sprinkler system maintenance, or building repairs, are given fourteen to thirty days for correction.
As required by SB 1205, Section 13146.4, the Division, under the direction of the Fire Marshal, is required to annually report to the City Council its compliance with the annual inspection requirements of the California Health and Safety Code. This Bill also requires the City Council to acknowledge receipt of the compliance report in a resolution.
The table below is the Fire Department’s report of all state mandated occupancies within the City, as well as the total number inspected, and the percentage of completed inspections.
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City Council Staff Report
June 24, 2026 -- Page 3
Compliance with State Inspection Mandates
Occupancy Total Inspected Total Properties Completion
Rate
E 18 18 100%
I 1 1 100%
R1 130 130 100%
R2 552 552 100%
R2.1 5 5 100%
R4 No properties
H No properties
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This action aligns with the City Council Strategic Plan Broad Goal of Public Safety and Community Services.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Paul Alvarado
City Manager: Scott Stiles
ATTACHMENTS:
A. Draft Resolution
L – Page 483 of 1386
ATTACHMENT A
(DRAFT RESOLUTION)
L – Page 484 of 1386
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA ACCEPTING THE FIRE
DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE
INSPECTION MANDATES
WHEREAS, the California Health and Safety Code requires fire departments within the state of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities within their jurisdiction.
WHEREAS, inspectors focus on compliance with building standards and other regulations imposed by the State Fire Marshal, and on public safety and fire prevention; and
WHEREAS, pursuant to Senate Bill 1205 (2018), section 13146.4 was added to the Health and Safety Code to require local fire departments to perform annual inspections and report compliance information annually to its administering authority; and WHEREAS, in accordance with Senate Bill 1205, the Fire Department hereby submits this report on its compliance with the state inspection mandates to the City Council for review and approval; and
WHEREAS, the City Council of the City of Palm Springs intends this Resolution to fulfill the requirements of the Health and Safety Code sections 13146.2 and 13146.3, regarding acknowledgment of the Palm Springs Fire Department’s compliance with said inspection requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
A. The above recitals are true and incorporated herein by this reference.
B. The City Council acknowledges and accepts the Fire Department’s submission of an annual report regarding the inspection of 706 total properties covering various occupancies, including schools, hotels, motels, lodging houses, apartments, certain residential care facilities, and parcels, in the High Fire Hazard Severity Zones pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
C. The City Manager is authorized to execute all necessary documents associated with the compliance report.
D. This action is not a “Project” as defined by the California Environmental Quality Act (CEQA) because it involves organization or administrative activities of the government that will not result in direct or indirect physical changes in the environment, pursuant to CEQA Guidelines § 15378(a).
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City Council Resolution No. ____ June 23, 2026
Annual Fire Department Inspection Compliance Report Page 3 of 3
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, THIS ___ DAY OF ____________________, 2026.
AYES:
NOES:
ABSENT:
Scott Stiles
City Manager
ATTEST:
Brenda Pree, MMC
City Clerk
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 ________________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of _________________, 2026.
Brenda Pree, MMC
City Clerk
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CITY COUNCIL STAFF REPORT
DATE: JUNE 24, 2026 CONSENT CALENDAR
SUBJECT: POLICE DEPARTMENT ANNUAL MILITARY EQUIPMENT REPORT, AS REQUIRED BY ASSEMBLY BILL 481
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:
This action will approve the Police Department’s Annual Military Equipment Report, as required by Assembly Bill 481 and pursuant to California Government Code Section 7072.
RECOMMENDATION:
Approve the Palm Springs Police Department Annual Military Equipment Report, pursuant to California Government Code Section 7072.
BACKGROUND:
Assembly Bill 481 was signed into law on September 30, 2021, and became effective on January 1, 2022. AB 481 addresses the funding, acquisition, and use of military equipment by law enforcement agencies, as defined in Government Code section 7070.
On June 16, 2022, the City Council adopted Ordinance No. 2064, adopting Palm Springs Police Department Policy No. 709, Military Equipment, in accordance with AB 481. Policy No. 709, included as Attachment A, provides guidelines for the approval, acquisition, use, reporting, oversight, and public transparency requirements related to qualifying military equipment.
Government Code section 7072 requires any law enforcement agency that receives approval for a military equipment use policy to submit an annual military equipment report to the governing body for each type of military equipment approved by the governing body. The report must be submitted within one year of approval and annually thereafter for as long as the military equipment remains available for use. The law enforcement agency must also make the annual report publicly available on its website for as long as the equipment remains available for use.
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City Council Staff Report
June 24, 2026 -- Page 2
Annual Military Equipment Report
STAFF ANALYSIS:
The Police Department has prepared its Annual Military Equipment Report, included as Attachment B, in accordance with Assembly Bill 481, Government Code section 7072, and Department Policy No. 709. The annual report is required to provide the quantity possessed for each type of miliary equipment, a summary of how the Department’s military equipment was used and purpose of its use, any complaints or concerns received, results of any internal audits, information about violations of the military equipment use policy, and any actions taken in response. The annual report also reflects the estimated total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. Government Code section 7072 mandates that the annual report include the quantity of each type of military equipment that is sought, if the law enforcement agency intends to acquire additional military equipment in the next year.
The equipment identified in the annual report supports the Department’s ability to respond to critical incidents, high-risk tactical operations, natural disasters, search-and-rescue operations, and other public safety incidents where specialized equipment may be needed to protect community members, officers, and involved individuals. The Department recognizes the importance of transparency and accountability when possessing and using equipment defined as military equipment under AB 481.
As required by AB 481 and Policy No. 709, the annual report has been made publicly available on the Police Department’s Transparency Portal (website). Within 30 days of submitting and publicly releasing the annual report, the Department will hold at least one well-publicized and conveniently located community engagement meeting. During that meeting, the public will have an opportunity to discuss the report and ask questions regarding the Department’s funding, acquisition, and use of military equipment.
This item does not request approval of new military equipment, adoption of a new military equipment use policy, or an amendment to the existing policy. Staff recommends approval of the annual report as required by Government Code section 7072.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Public Safety and Community Services.
FISCAL IMPACT:
There is no fiscal impact to this item. Costs associated with the use, maintenance, training, storage, replacement, or acquisition of military equipment are identified in the
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City Council Staff Report
June 24, 2026 -- Page 3
Annual Military Equipment Report
annual report and will continue to follow all applicable City of Palm Springs budget, procurement, and approval processes.
REVIEWED BY:
Department Director: Andrew G. Mills
City Manager: Scott Stiles
ATTACHMENTS:
A. Palm Springs Police Department Policy No. 709
B. Palm Springs Police Department Annual Military Equipment Report - 2025
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ATTACHMENT "A"
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Policy
709
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2026/03/17, All Rights Reserved.
Published with permission by Palm Springs Police Department Military Equipment - 1
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):
Governing body – The elected or appointed body that oversees the Department.
Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices (LRADs), acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
M – Page 491 of 1386
Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2026/03/17, All Rights Reserved.
Published with permission by Palm Springs Police Department Military Equipment - 2
709.2 POLICY
It is the policy of the Palm Springs Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Palm Springs Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department See attachment: PSPD 2024 Report - Military Specialized Equipment Inventory.pdf 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
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Military Equipment
Copyright Lexipol, LLC 2026/03/17, All Rights Reserved.
Published with permission by Palm Springs Police Department Military Equipment - 3
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. (h) During a tactical emergency of significance or natural disaster, the Chief of Police, in consultation with the City Manager, may deploy armored and rescue vehicles or aircraft as needed, but shall inform City Council within 30 days after its use and the purpose of deployment, the exigent circumstances requiring the need for said equipment, and duration of its use.
709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid to this Department or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies in rendering mutual aid.
Periodically, the police department may be required to assist or be assisted by other law enforcement agencies to fulfill our mission. The deployment of allied agencies may be a result of mutual aid requests or day to day operational collaboration. In certain mutual aid or operational collaboration circumstances, it may be necessary for Palm Springs police officers to utilize equipment from other agencies. In those situations, police department personnel are required to adhere to the Departments Military Equipment Use Policy regardless of the jurisdiction.
Conversely, should another law enforcement agency assist in a mutual aid request in the City of Palm Springs, this policy has been established to ensure that their use of military equipment is consistent with the guidelines set forth within this policy.
Through the Association of Riverside County Chiefs of Police (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agencies Military Equipment policy related to any enforcement action throughout Riverside County.
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Palm Springs Police Department
Policies
Military Equipment
Copyright Lexipol, LLC 2026/03/17, All Rights Reserved.
Published with permission by Palm Springs Police Department Military Equipment - 4
709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
709.8.1 COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations, or action. 709.8.2 COMPLAINT PROCESS
Members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment in this Policy by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: (760) 323-8126
3. Via mail sent to: Palm Springs Police Department
Attn: Military Equipment Use Coordinator
200 S. Civic Drive
Palm Springs, CA 92262
The Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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Policies
Copyright Lexipol, LLC 2026/03/17, All Rights Reserved.
Published with permission by Palm Springs Police Department Attachments - 5
Attachments
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Attachment
Policies
Copyright Lexipol, LLC 2026/03/17, All Rights Reserved.
Published with permission by Palm Springs Police Department PSPD 2024 Report - Military Specialized
Equipment Inventory.pdf - 6
PSPD 2024 Report - Military
Specialized Equipment Inventory.pdf
PSPD 2024 Report - Military Specialized Equipment Inventory.pdf
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PALMS SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
1 Rev. 01/2025
1. UAS - Drone (Category 1)
a. Description, Quantity, Capabilities, and Purchase Cost The inventory includes the following battery-powered, remote-operated unmanned aerial systems (UAS):
(1) DJI Matrice 300 RTK Drone with a Zenmuse H20T Camera, GL60 Plus Gimbal Spotlight, and Talon Dromight Drop System
(2) DJI M30T Drones equipped with Zoom Camera, Range Finder, and Thermal Imaging, plus (2) CZI LP12 Spotlight and Speaker Systems
(5) DJI Mavic 3T Drones featuring Zoom Camera and Thermal Imaging, along with (5) JZ U3 Speaker and Spotlight Systems
(4) DJI Mini 4 Pro Drones with Zoom Camera
(3) DJI Avata 2 Drones with Camera
Initial Purchase Costs:
DJI Matrice 300 RTK Drone & Equipment: $35,161.02
DJI M30T Drone & Equipment: $22,774.00
DJI Mavic 3T Drone & Equipment: $34,235.00
DJI Mini 4 Pro Drone & Equipment: $4,636.00
DJI Avata 2 Drone & Equipment: $3,597.00
b. Purpose:
The UAS deployment can provide visual access to large expanses, including hazardous mountainous terrain and remote desert areas. This tool would help mitigate risk, improve efficiency, and prevent injury to the public and first responders. c. Authorized Use:
Only operators who have completed the FAA-required training shall be permitted to operate the Drone. Incidents that may qualify for its use include search and rescue operations, overwatch protection at large-scale events, and documenting collision scenes, crime scenes, and damage caused by natural disasters. The UAS may also be used to monitor at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous face-to-face contact is required. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Unmanned Aerial Systems.
d. Expected Life Span:
5 years
e. Fiscal Impact:
Annual cost: $0 - $3000
2. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:
Inventory includes (1) ICOR MK3 Caliber robot. This equipment is a battery-powered, remoteoperated device.
I. ICOR Robot – Initial Cost: $Unknown. Primary cost handled by Cathedral City PD b. Purpose:
This equipment is for (potential) use during high-risk incidents. To be used to remotely gain visual/audio data, deliver HNT phones, open doors, disrupt packages, and clear buildings. c. Authorized Use:
Use is primarily limited to members of the department’s Special Weapons and Tactics Unit (SWAT), but in some cases, it may be used by patrol personnel. Only operators who have completed the required training shall be permitted to operate the robots. Incidents that may qualify for its use include but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically
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compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if other subjects inside need assistance. The two-way speakers and camera can be used to de-escalate and determine the resistance level. d. Expected Life Span:
20 years
e. Fiscal Impact
Annual cost: $0 - $3000
3. Armored Vehicles (Category 2 &3)
a. Description, quantity, capabilities, and purchase of current armored vehicles:
Inventory includes two (2) LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (2006 BEAR-CAT and 2017 BEAR). The BEAR-CAT and BEAR, or Rescue Vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments may be used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
The armored vehicles also provide four-wheel drive capability to transport or evacuate victims in a flood, fire or other natural disaster scenario.
I. Bearcat – Initial Cost: $213,329.02. $155,000 of the total cost donated by private a entity. City cost $56,329.52 paid for from city budget.
II. Bear – Initial Cost: $513,600 of which $256,800 was donated by a private entity.
Remaining cost of 256,800 paid for from City Motor Vehicle Replacementfund. b. Purpose:
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicles shall have a valid California driver license. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
I. Bearcat -15-20 years
II. Bear – 15 -20 years
d. Fiscal Impact:
Annual Cost: estimated at $1000-$2500 per vehicle
4. Command and Control Vehicles Built or Modified to Facilitate the Operational Control and Direction of Public Safety Units (2004 Freightliner MB-55 Comms Vehicle) (Category 5) NOTE: This vehicle was decommissioned during the calendar year. There are currently no plans for a replacement, and it will not be included on future inventory reports. a. Description, quantity, capabilities, and purchase cost:
Command vehicles are built in various platforms to include ½ ton pickup chassis, and RV style configuration designed to provide communications intelligence, equipment transportation and crisis communication support.
I. 2004 Freightliner MB-55 RV - Initial Purchase Cost: $428,661.86 II. 2008 Ford F-250 Super-Duty Pickup – Initial Purchase Cost: $41,525.47
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b. Purpose:
Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, whiteboards, lightening, generators, and mission essential supplies c. Authorized Use:
The SWAT Command Vehicles shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license appropriate for vehicle driven. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
d. Expected Life Span:
I. Freightliner - 15-20 years (Expired. Non-Operational) II. Ford F-250 – 15 years
e. Fiscal Impact:
I. Freightliner - Annual maintenance cost: $0
II. Ford F-250 – Annual maintenance cost estimated at $1500 or less
5. Vehicles with Breaching or Entry Apparatus Attachable (Category 2&3) a. Description, quantity, capabilities, and purchase cost:
LENCO Bear Ballistic Armored vehicle has an attachable metal boom that can be used for breaching structures, fences, or ramming objects.
I. LENCO BEAR – Initial purchase covered in item 2 “Armored Vehicles.” b. Purpose:
The equipment is to be used during high-risk incidents, to include active shooter incidents on school ground or buildings to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. c. Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable PSPD policies remain in effect, including, but not limited to PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
15-20 years
d. Fiscal Impact:
Annual maintenance cost referenced in item 2(d) above.
6. Assault Weapons Defined Under PC 30510 & PC 30515 (Category 10) a. Description, quantity, capabilities, and purchase cost:
Inventory includes AR-style rifles that function at full and semi-automatic capability (fully automatic rifles are only assigned to SWAT personnel, training division, or stored within the station for station protection in the event of an active shooter).
I. Colt AR 15/M4 Rifle, cost approximately: $1,000.00 ea., quantity: 15 II. AI Bolt Action .308 caliber Rifle, cost approximately $1,200.00 ea., quantity: 3 III. POF .308 caliber Rifle, cost: unknown, quantity: 2. No longer in use.
IV. Remington 700 Bolt Action .308 caliber Rifle, cost approximately $1,000.00 ea., quantity: 8, no longer in use.
V. Colt AR 15/M16 Full Auto, cost $0, quantity 1, acquired through 1033 program VI. Colt AR 15/M16 Semi-Auto, cost $0, quantity 15, acquired through 1033 program
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VII. H&K Rifles, MP5, cost approximately $1,500.00 ea., quantity: 16.
VIII. H&K Rifles, HK53, cost approximately $1,500.00 ea., quantity: 2, no longer in use. b. Purpose:
The weapons are to be used in situations that require increased accuracy and, in some cases, where precision at long-range distances is needed and currently used by most law enforcement agencies across the nation.
c. Authorized Use:
Only members that are POST certified are authorized to use a rifle. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy – Firearms Training and Qualifications, PSPD Policy – Special Weapons and Tactics Unit. d. Expected Life Span:
I. Colt AR 15/M4 Rifle – No expiration
II. AI Bolt Action .308 caliber Rifle – No expiration
III. POF .308 caliber Rifle – No longer in use
IV. Remington 700 Bolt Action .308 – No longer in use
V. Colt AR 15/M16 Full Auto – No expiration
VI. Colt AR 15/M16 Semi Auto – No expiration
VII. H&K Rifles, MP5 - No longer in use
VIII. H&K Rifles, HK53 – No longer in use
e. Fiscal Impact:
I. Colt AR 15/M4 Rifle – Annual cost between $0 - $2,000 II. AI Bolt Action .308 caliber Rifle – Annual cost between $0 - $2,000 III. POF .308 caliber Rifle – No longer in use – Annual cost: $0 IV. Remington 700 Bolt Action .308 – No longer in use – Annual cost $0 V. Colt AR 15/M16 Full Auto – Annual Cost - $0
VI. Colt AR 15/M16 Semi Auto – Annual Cost - $0
VII. H&K Rifles, MP5 – Annual Cost $1000
VIII. H&K Rifles, HK53 – No longer in use – Annual Cost $0
7. Breaching Apparatus: Slugs, etc. (Category 7)
a. Description, quantity, capabilities, and purchase cost Royal Arms Tesar-2 – 12-gauge slugs. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure.
The powder is designed to dissipate after striking the lock throw to minimize entry into the target space for the safety of occupants and operators. Designed to breach heavy locks, deadbolts, and hinges mounted inside solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.
I. Royal Arms Tesar-2 – 12-gauge slugs, cost: Approx. $5.00 ea., quantity: 117. b. Purpose:
The rounds impact door hinges, doorknobs, and locks to safely gain entry into a structure. c. Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Search and Seizure, PSPD Policy - Special Weapons and Tactics Unit.
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d. Expected Life Span:
Until expended
e. Fiscal Impact:
Individual unit price of approximately $5 each. Estimated between $0 and $500 annually
8. Breaching Apparatus: Explosive Breaching Tools (Category 7) a. Description, quantity, capabilities, and purchase cost:
Explosive breaching tools are used to breach fortified structures to establish a point of entry.
Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.
Explosive breaching effectively reduces the time spent overcoming a fortified door or structure.
The reduction in time mitigating a hardened structure increasing officer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms.
I. 25 grain detonation cord, cost: $216, quantity 577 ft.
II. 50 grain detonation cord, cost: $380, quantity 1000 ft.
III. Nonel Shock tube blasting caps: cost: total $1106, quantity 140. b. Purpose:
To safely gain entry into a structure.
Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers will attend an approved "Tactical Energetic Breaching" course. Attend an accredited “advanced” Energetic Breaching course or equivalent. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Search and Seizure, PSPD Policy - Special Weapons and Tactics Unit.
Expected Life Span:
I. 25 grain detonation cord – 5 years
II. 50 grain detonation cord – 5 years
III. Nonel Starters – until expended
c. Fiscal Impact:
I. 25 grain detonation cord – estimated between $0 and $349 annually.
II. 50 grain detonation cord – estimated between $0 and $1,915.49 annually III. Nonel Starters – $0
9. LSDD’s (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Light Sound Diversionary Device (LSDD-“Flashbangs”) are diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to the officers and community. The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of a structure.
I. NFDD CTS Model 7290M – Mini bang, cost: $1901.34, quantity: 42 II. NFDD CTS Model 7290-9 – 9 Bang, cost: $642.06, quantity 6 b. Purpose:
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause shortterm (6 - 8 seconds) physiological/sensory deprivation to give officers a tactical advantage c. Authorized Use:
Diversionary Devices shall only be used:
I. By SWAT officers who have been trained in their proper use.
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II. In hostage and barricaded subject situations.
III. In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
IV. During other high-risk situations where their use would enhance officersafety.
V. During training exercises.
All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy - Special Weapons and Tactics Unit. d. Expected Life Span:
5 years
e. Fiscal Impact:
I. NFDD CTS Model 7290M – Annual cost between $0 - $4300 II. NFDD CTS Model 7290-9 – Annual cost between $0 - $2000
10. Chemical Agents (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Palm Springs Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.
The Palm Springs Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of the eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
I. CS 1082 - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost: $ 50, quantity: 2 II. CS 4330 - The Ferret 40mm Round is non-burning and suitable for indoor use. Used primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.
In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $ 390, quantity: 14 III. OC 1070 - The Spede-Heat OC Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 1.09 oz. of active agent. Cost:
$60, quantity: 2
IV. OC 6340 Aerosol - This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Cost: $105, quantity: 3 V. CS 6330 Aerosol - A unique grenade delivering an invisible vapor and rendering an
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intense respiratory effect. Cost: $105, quantity: 3
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals.
II. Riot/crowd control and civil unrest incidents.
III. Circumstances where a tactical advantage can be obtained.
IV. Potentially vicious animals.
V. Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy – Special Weapons and Tactics Unit. d. Expected Life Span:
5 years for each category
e. Fiscal Impact:
I. 1082 – estimated between $0 and $2500 annually
II. F620 – estimated between $0 and 500 annually
III. 1070 – estimated between $0 and 500 annually
IV. 6340 – estimated between $0 and $380 annually
V. 6330 – estimated between $0 and 360 annually
11. 40mm Projectile Launchers (Category 14)
a. Description, quantity, capabilities, and purchase cost:
Less lethal 40mm launchers and rubber projectile munitions- Munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed. The sponge munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.
I. DEFTEC 40mm launcher, cost per device: $1500, quantity: 58 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. 40mm less lethal has been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public. c. Authorized Use:
Situations for use of the less lethal weapon systems may include, but are not limited to:
I. Self-destructive, dangerous and/or combative individuals.
II. Riot/crowd control and civil unrest incidents.
III. Circumstances where a tactical advantage can be obtained.
IV. Potentially vicious animals.
V. Training exercises or approved demonstrations.
All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force.
d. Expected Life Span:
I. 40mm Launcher: No expiration
II. 40 mm Sponge Round: 5 years
e. Fiscal Impact:
I. 40mm Launcher: estimated between $0 and $1500 per device II. 40 mm Sponge Round: estimated between $0 and $3000 annually
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Maintenance of Military Use Supply Levels
When military equipment has reached significantly low levels or have been exhausted, or the department requires acquisition of any of the items noted in Category 1-15 under Military equipment categories of this policy, the Department may order equipment as needed in each calendar year by adhering to City of Palm Springs procurement rules, regulations, and city approval processes.
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ATTACHMENT "B"
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M I L I T A R Y E Q U I P M E N T 2 0 2 5 A N N U A L U S E R E P O R T
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PR E F AC E:
The Palm Springs Police Department is
committed to maintaining public safety by
providing "Exemplary Service" to visitors
and residents of this great city.
Our officers have taken an oath to protect our community members and the people of this state, ensuring that those who engage in violent criminal acts do not dictate the quality of life in our city. We understand that violent crime flourishes not when our Department's enforcement posture, resources, and equipment are strong, but when they are weak, tempting and emboldening violent criminals.
The equipment listed in this annual report represents essential tools that may be required from time to time to aid in de-escalating intense situations or safely resolving volatile conditions and critical incidents.
Possessing this equipment does not mean it will be used in every circumstance. However, having these tools and adequate resources available enhances our Department's capability to confront those who would bring violence to our community and threaten our way of life.
With this indispensable equipment, the Palm Springs Police Department serves as a valuable resource to the communities of Palm Springs, Cathedral City, and Indio. In addition to maintaining the highest levels of public safety, the Palm Springs Police Department is committed to transparency, public trust, community partnerships, and compliance with the law.
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E X E C U T I V E S U M M A R Y On September 30, 2021, the Governor of California approved AB-481, mandating that law enforcement agencies obtain approval from the applicable governing body (Mayor and City Council) for their military equipment use policy. This requires the Department to seek City Council approval of their military equipment use procedure by ordinance at a regular open meeting before taking actions related to the funding, acquisition, or use of military equipment, as defined.
The bill stipulates that the governing body may approve the funding, acquisition, or use of military equipment only if it determines that the equipment meets specified standards. This ordinance is subject to an annual review by the City Council, based on an annual military equipment report, to ensure compliance with the standards outlined in the approving ordinance.
The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment if standards have not been met, or require modifications to the military equipment use procedure to address any non-compliance.
Additionally, the bill requires the publication of the military equipment use procedure and the annual military equipment report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting.
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(a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
1.A summary of how the military equipment was used and the purpose of its use.
2.A summary of any complaints or concerns received concerning the military equipment.
3.The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
4.The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
5.The quantity possessed for each type of military equipment.
6.If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. (b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. A B - 4 8 1 , S E C T I O N 7 0 7 2
M – Page 509 of 1386
I N TRO D UC T ION:
This Annual Military Equipment Use Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, complaints, and reported concerns for 2025.
M – Page 510 of 1386
The Palm Springs Police Department (PSPD) maintains a diverse inventory of military equipment. However, the possession of this equipment does not imply its use for every incident. We recognize that critical incidents are unpredictable and dynamic. The availability of various military equipment options significantly aids incident commanders, officers, and specific units in efficiently and safely resolving these situations. The use of military equipment is restricted to specific instances and, in some cases, only by certain units.
Operational Usage for 2025
This section outlines the operational use of military equipment for 2025.
Certain items, particularly consumables like ammunition, diversionary devices, and chemical agents, are regularly used for training to maintain proficiency. This report does not capture training usage; it solely provides data on the operational deployment of military equipment listed within the Annual Military Equipment Use Report.
Outreach and Community Engagement
The Palm Springs Police Department is dedicated to enhancing trust and confidence between the Department and the community it serves.
PSPD frequently employs select military equipment, including Unmanned Aerial Systems (UAS), armored vehicles, robots, and the Mobile Incident Command Post, during outreach and community events. This practice aims to foster public awareness, transparency, and education. Additionally, military equipment may be displayed at community events to ensure a safe environment for the public to enjoy our city's great amenities.
SUMMARY OF USAGE
M – Page 511 of 1386
Unmanned Aerial Systems (UAS)
From January 1, 2025, through December 31, 2025, an unmanned aerial system was utilized on approximately 319 incidents.
Authorized usages:
Collection of evidence in the form of aerial photography/video in support of an investigation (i.e., shooting scenes, homicide scenes).
Provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous face-toface contact is required.
Providing critical overwatch protection during popular large-scale special events by increasing our ability to recognize traffic safety hazards or potential pre-assault indicators, and proactively circumventing pending danger or violence without significantly increasing staffing requirements.
Conduct aerial searches for missing persons.
Provide aerial observation to assist in managing natural disasters (i.e., fires, floods, storms).
Community events for engagement and developing public trust.
USAGE
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
t
M – Page 512 of 1386
Robots
From January 1, 2025, through December 31, 2025, a robot was used three (3) times.
Authorized usages:
Support of SWAT and Patrol during high-risk, tactical, or other public safety life preservation missions to include:
Opening doors to clear buildings for public safety and life preservation missions.
Provide interior visual assessments of structures or outdoor areas to gain intelligence before officers enter a dwelling or contact a potentially armed or resistive subject that may be hiding.
Delivery of items (i.e., CNT phone) during critical incidents to engage in de-escalation and/or crisis intervention techniques in an attempt to resolve incidents peacefully.
Community events for engagement and developing public trust.
USAGE
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
M – Page 513 of 1386
Armored Vehicles
From January 1, 2025, through December 31, 2025, the BearCat and the Bear were utilized a total of twenty-eight (28) times.
Authorized usages:
Support of SWAT and Patrol during critical incidents by providing greater safety to community members and officers beyond the protection level of a shield and/or personal body armor.
Community events for engagement and developing public trust. 2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
Mobile Incident Command Vehicle
From January 1, 2025, through December 31, 2025, the Mobile Incident Vehicle was utilized zero (0) times.
Authorized usages:
USAGE
Utilized as a command post for critical incidents during complex events.
Natural disasters (i.e., mutual aid for large-scale fires or flooding).
Other large-scale events to provide high visibility and public safety. 2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
Note: This vehicle has been decommissioned and is no longer in use. The vehicle is pending sale as surplus equipment.
Note: The Department intends to ask for Council approval to purchase a new BearCat during 2026, however, the equipment would not be delivered until approximately 2028.
M – Page 514 of 1386
Vehicles with Breaching or Entry Apparatus
The Lenco Bear was utilized a total of fourteen (14) times in this capacity from January 1, 2025, through December 31, 2025.
Authorized usages:
Support SWAT and Patrol during critical incidents by providing greater safety to community members and officers beyond the protection level of a shield and/or personal body armor.
The attachable boom can be used for breaching structures or ramming objects and has the ability to deploy gas.
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
Assault Weapons Defined Under PC 30510 & PC 30515
Assault Weapons were utilized zero (0) times from January 1, 2025, through December 31, 2025.
Authorized usages:
In accordance with California Penal Code section 835a and PSPD Policy 300 (Use of Force)
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
USAGE
M – Page 515 of 1386
Explosive Breaching Tools
From January 1, 2025, through December 31, 2025, explosive breaching tools were utilized zero (0) times.
Authorized usages:
Explosive breaching tools are used to breach fortified structures to establish a point of entry.
To reduce the time in mitigating a hardened structure increasing officer safety and the element of surprise.
To facilitate expedient access to hostages in peril.
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
Light Sound Diversionary Devices
LSDDs were utilized three (3) times from January 1, 2025, through December 31, 2025.
Authorized usages:
To minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects.
The effects of LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation, which creates a tactical advantage USAGE
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
M – Page 516 of 1386
Chemical Agents
Chemical Agents and/or Smoke Canisters were utilized zero (0) times between January 1, 2025, through December 31, 2025.
Authorized usages:
Safely address an individual who displays self-destructive, dangerous, or combative behavior.
Circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk.
Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
40mm Projectile Launchers and Munitions
40mm Projectile Launchers were utilized zero (0) times from January 1, 2025, through December 31, 2025.
Authorized usages:
Safely address an individual who displays self-destructive, dangerous, or combative behavior.
In circumstances to gain a tactical advantage during critical incidents or high-risk entries where public safety and/or officer safety is at risk.
Potentially vicious animal (i.e., an aggressive animal trying to harm member(s) of the community or an officer).
USAGE
2025 Audit:
There were zero (0) complaints or military equipment use policy violations from January 1, 2025, through December 31, 2025.
M – Page 517 of 1386
“Exemplary Service
”
M – Page 518 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
1 Rev. 01/2026
1. UAS - Drone (Category 1)
a. Description, Quantity, Capabilities, and Purchase Cost The inventory includes the following battery-powered, remote-operated unmanned aerial systems (UAS ):
(1)DJI Matrice 300 RTK Drone with a Zenmuse H20T Camera, GL60 Plus Gimbal Spotlight, and Talon Dromight Drop System
(2)DJI M30T Drones equipped with Zoom Camera, Range Finder, and Thermal Imaging, plus (2) CZI LP12 Spotlight and Speaker Systems
(5)DJI Mavic 3T Drones featuring Zoom Camera and Thermal Imaging, along with (5) JZ U3 Speaker and Spotlight Systems
(4)DJI Mini 4 Pro Drones with Zoom Camera
(3)DJI Avata 2 Drones with Camera
(4)DJI Matrice 4TD Drone — Thermal-equipped with multi-sensor imaging and laser range-finding (4)DJI Dock 3 UAS Box Stations — Automated docking stations that house and autonomously launch/recover the Matrice 4TD platforms
Initial Purchase Costs: (Funded by the BSCC Grant)
DJI Matrice 300 RTK Drone & Equipment: $35,161.02
DJI M30T Drone & Equipment: $22,774.00
DJI Mavic 3T Drone & Equipment: $34,235.00
DJI Mini 4 Pro Drone & Equipment: $4,636.00
DJI Avata 2 Drone & Equipment: $3,597.00
DJI Matrice 4TD Drone: $33,556.00
DJI Dock 3 UAS Box Station: $63,560.00
b. Purpose:
The UAS deployment can provide visual access to large expanses, including hazardous mountainous terrain and remote desert areas. This tool would help mitigate risk, improve efficiency, and prevent injury to the public and first responders. c. Authorized Use:
Only operators who have completed the FAA-required training shall be permitted to operate the Drone. Incidents that may qualify for its use include search and rescue operations, overwatch protection at large-scale events, and documentation of collision, crime, and damage scenes from natural disasters. The UAS may also be used to monitor at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous faceto-face contact is required. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Unmanned Aerial Systems.
d. Expected Life Span:
5 Years
e. Fiscal Impact; Funded by the BSCC grant and PD general fund:
Annual cost: $0 - $3000
ADDENDUM
M – Page 519 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
2 Rev. 01/2026
3. 2. Robot (Category 1)
a. Description, quantity, capabilities, and purchase cost:
Inventory includes (1) ICOR MK3 Caliber robot. This equipment is a battery-powered, remoteoperated device.
I. ICOR Robot – Initial Cost: $Unknown. Primary cost handled by Cathedral City PD b. Purpose:
This equipment is for (potential) use during high-risk incidents. To be used to remotely gain visual/audio data, deliver HNT phones, open doors, disrupt packages, and clear buildings.
Authorized Use:
Use is primarily limited to members of the department’s Special Weapons and Tactics Unit (SWAT), but in some cases, patrol personnel may use it. Only operators who have completed the required training may operate the robots. Incidents that may qualify for its use include, but are not limited to, a high-risk warrant service, barricaded subject, and hostage negotiation/rescue. Before entering a structure, particularly in a tactically compromised and dangerous situation, knowledge of a subject’s location is very important, and the robot can provide that without placing anyone at risk. Cameras can also help determine if a subject is armed and if other subjects inside need assistance. The two-way speakers and camera can be used to de-escalate and assess the level of resistance.
Expected Life Span:
20 years
Fiscal Impact; Funded through the PD general fund:
Annual cost: $0 - $3000
c.
d.
e.
Armored Vehicles (Category 2 &3)
a. Description, quantity, capabilities, and purchase of current armored vehicles:
Inventory includes two (2) LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (2006 BEAR-CAT and 2017 BEAR). The BEAR-CAT and BEAR, or Rescue Vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle-borne interventions.
Additional deployments may be used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed, violent suspects. The armored vehicles also provide four-wheel drive capability for transporting or evacuating victims in flood, fire, or other natural disaster scenarios.
I. Bearcat – Initial Cost: $213,329.02. $155,000 of the total cost donated by a private entity.
City cost $56,329.52, paid for from the city budget.
Bear – Initial Cost: $513,600 of which $256,800 was donated by a private entity.
The remaining cost of $256,800 was paid from the City Motor Vehicle Replacement fund.
II.
b. Purpose:
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver's license. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
c.
I. Bearcat -15-20 years
ADDENDUM
M – Page 520 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
Rev. 01/2026
4. 5.
II. Bear – 15 -20 years
d. Fiscal Impact; Funded through the fleet maintenance account:
Annual Cost: estimated at $1000-$2500 per vehicle
Command and Control Vehicles Built or Modified to Facilitate the Operational Control and Direction of Public Safety Units (2004 Freightliner MB-55 Comms Vehicle) (Category 5) NOTE: This vehicle was decommissioned during the calendar year. There are currently no plans for a replacement, and it will not be included in future inventory reports. a. Description, quantity, capabilities, and purchase cost:
Command vehicles are built on various platforms, including ½-ton pickup chassis, and RV-style configurations designed to provide communications intelligence, equipment transportation, and crisis communication support.
I.
II.
2004 Freightliner MB-55 RV - Initial Purchase Cost: $428,661.86 2008 Ford F-250 Super-Duty Pickup – Initial Purchase Cost: $41,525.47 b. Purpose:
Vehicles are built to better support command and control during law enforcement operations, natural disasters, and public safety incidents. Vehicles are designed with additional communication abilities, computers, whiteboards, lighting, generators, and mission-essential supplies
Authorized Use:
The SWAT Command Vehicles shall be used by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver's license appropriate for the vehicle being driven. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
c.
d.
I.
II.
Freightliner - 15-20 years (Expired. Non-Operational; Subject to surplus sale) Ford F-250 – 15 years
e. Fiscal Impact; through the fleet maintenance account:
I.
II.
Freightliner - Annual maintenance cost: $0
Ford F-250 – Annual maintenance cost estimated at $1500 or less Vehicles with Breaching or Entry Apparatus Attachable (Category 2&3) a. Description, quantity, capabilities, and purchase cost:
The LENCO Bear Ballistic Armored vehicle has an attachable metal boom that can be used to breach structures, fences, or ram objects.
I. LENCO BEAR – Initial purchase covered in item 2 “Armored Vehicles.” b. Purpose:
The equipment is to be used during high-risk incidents, to include active shooter incidents on school ground or buildings to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
Authorized Use:
The use of armored vehicles shall only be authorized by a watch commander or SWAT commander, based on the specific circumstances of a given critical incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with Department policy and training. The driver of the vehicle shall have a valid California driver license. All other applicable PSPD policies remain in effect, including, but not limited to PSPD Policy – Vehicle Use, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
c.
3 ADDENDUM
M – Page 521 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
4 Rev. 01/2026
7. 6.
15-20 years
Fiscal Impact:
Annual maintenance cost referenced in item 3(d) above.
d.
Assault Weapons Defined Under PC 30510 & PC 30515 (Category 10) a. Description, quantity, capabilities, and purchase cost:
Inventory includes AR-style rifles that function at full and semi-automatic capability (fully automatic rifles are only assigned to SWAT personnel, training division, or stored within the station for station protection in the event of an active shooter).
I.
II.
III.
IV.
Colt AR 15/M4 Rifle, cost approximately: $1,000.00 ea., quantity: 15 AI Bolt Action .308 caliber Rifle, cost approximately $1,200.00 ea., quantity: 3 POF .308 caliber Rifle, cost: unknown, quantity: 2. No longer in use.
Remington 700 Bolt Action .308 caliber Rifle, cost approximately $1,000.00 ea., quantity: 8, no longer in use. (Disassembled for destruction) Colt AR 15/M16 Full Auto, cost $0, quantity 1, acquired through 1033 program Colt AR 15/M16 Semi-Auto, cost $0, quantity 15, acquired through the 1033 program H&K Rifles, MP5, cost approximately $1,500.00 ea., quantity: 16 (Sold as surplus to an allied agency for $14,400; Consent Calendar 02/27/2025).
V.
VI.
VII.
VIII.H&K Rifles, HK53, cost approximately $1,500.00 ea., quantity: 2, no longer in use.
IX. Sionics AR 15; Semi-Auto, cost approximately, cost $3031.38 ea., quantity 7. b. Purpose:
The weapons are used in situations that require increased accuracy and, in some cases, longrange precision, and are currently used by most law enforcement agencies across the nation.
Authorized Use:
Only members who are POST certified are authorized to use a rifle. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy – Firearms Training and Qualifications, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
c.
d.
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
Colt AR 15/M4 Rifle – No expiration
AI Bolt Action .308 caliber Rifle – No expiration
POF .308 caliber Rifle – No longer in use
Remington 700 Bolt Action .308 – No longer in use
Colt AR 15/M16 Full Auto – No expiration
Colt AR 15/M16 Semi Auto – No expiration
H&K Rifles, MP5 - No longer in use
H&K Rifles, HK53 – No longer in use
Sionics AR 15; Semi-Auto - No expiration
e. Fiscal Impact; Funded through the PD general fund:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
Colt AR 15/M4 Rifle – Annual cost between $0 - $2,000
AI Bolt Action .308 caliber Rifle – Annual cost between $0 - $2,000 POF .308 caliber Rifle – No longer in use – Annual cost: $0 Remington 700 Bolt Action .308 – No longer in use – Annual cost $0 Colt AR 15/M16 Full Auto – Annual cost between $0 - $500 Colt AR 15/M16 Semi Auto – Annual cost between $0 - $500 H&K Rifles, MP5 – Annual Cost $
H&K Rifles, HK53 – No longer in use – Annual Cost $0
Sionics AR 15; Semi-Auto - Annual cost between $0 - $2000 Breaching Apparatus: Slugs, etc. (Category 7)
a. Description, quantity, capabilities, and purchase cost Royal Arms Tesar-2 – 12-gauge slugs. Shotgun breaching rounds are specialty shotgun shells utilized for door breaching. The Royal Arms Tesar-2 rounds contain compressed copper powder
ADDENDUM
M – Page 522 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
5 Rev. 01/2026
8. and are fired through a specialized breaching shotgun barrel. The copper powder is designed to strike and destroy the lock throw inside of the door, allowing entry into the room or structure.
The powder is designed to dissipate after striking the lock throw to minimize entry into the target space for the safety of occupants and operators. Designed to breach heavy locks, deadbolts, and hinges mounted inside solid oak or steel doors. Royal Arms Tesar-2 rounds are good until expended if stored properly. Shotgun breaching rounds are used to gain rapid access to a room or structure when an emergent law enforcement need exists.
I. Royal Arms Tesar-2 – 12-gauge slugs, cost: Approx. $5.00 ea., quantity: 117 b. Purpose:
The rounds impact door hinges, doorknobs, and locks to safely gain entry into a structure.
Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field and during training exercises. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Search and Seizure, PSPD Policy - Special Weapons and Tactics Unit.
Expected Life Span:
Until expended
Fiscal Impact; Funded through the PD general fund:
Individual unit price of approximately $5 each. Estimated between $0 and $500 annually c.
d.
e.
Breaching Apparatus: Explosive Breaching Tools (Category 7) a. Description, quantity, capabilities, and purchase cost:
Explosive breaching tools are used to breach fortified structures to establish a point of entry.
Explosive charges are fashioned to produce little to no fragmentation at the time of detonation.
Explosive breaching effectively reduces the time required to overcome a fortified door or structure. The reduction in time mitigating a hardened structure increases officer safety and the element of surprise. Blast injuries are reduced by using low-yield explosives that mechanically overcome door frames and locking mechanisms.
I.
II.
III.
25 grain detonation cord, cost: $216, quantity 577 ft.
50 grain detonation cord, cost: $380, quantity 1000 ft.
Nonel Shock tube blasting caps: cost: total $1106, quantity 140. b. Purpose:
To safely gain entry into a structure.
Authorized Use:
Explosive breaching may only occur after authorization by the Incident Commander or SWAT Commander in the field, and during training exercises. All Breachers will attend an approved "Tactical Energetic Breaching" course. Attend an accredited “advanced” Energetic Breaching course or equivalent. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Search and Seizure, PSPD Policy - Special Weapons and Tactics Unit.
Expected Life Span:
I.
II.
III.
25 grain detonation cord – 5 years
50 grain detonation cord – 5 years
Nonel Starters – until expended
c. Fiscal Impact; funded through the PD general fund:
I.
II.
III.
25 grain detonation cord – estimated between $0 and $349 annually. 50 grain detonation cord – estimated between $0 and $1,915.49 annually Nonel Starters – $0
ADDENDUM
M – Page 523 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
Rev. 01/2026
9. 10.Chemical Agents (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Palm Springs Police Department as a non-lethal tool to disperse rioting suspects and on barricaded suspects.
The Palm Springs Police Department uses chemical agents which are used by law enforcement across the United States: CS (2-Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum) CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of the eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).
I. CS 1082 - The Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Cost: $ 50, quantity: 2 II. CS 4330 - The Ferret 40mm Round is non-burning and suitable for indoor use. Used 6 LSDD’s (Category 12)
a. Description, quantity, capabilities, and purchase cost:
Light Sound Diversionary Device (LSDD-“Flashbangs”) are diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to the officers and community. The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of a structure.
I.
II.
NFDD CTS Model 7290M – Mini bang, cost: $1901.34, quantity: 42 NFDD CTS Model 7290-9 – 9 Bang, cost: $642.06, quantity 6 b. Purpose:
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause shortterm (6 - 8 seconds) physiological/sensory deprivation to give officers a tactical advantage Authorized Use:
Diversionary Devices shall only be used:
c.
I.
II.
III.
By SWAT officers who have been trained in their proper use.
In hostage and barricaded subject situations.
In high-risk warrant (search/arrest) services where there may be extreme hazards to officers.
During other high-risk situations where their use would enhance officer safety.
During training exercises.
IV.
V.
All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy - Special Weapons and Tactics Unit.
Expected Life Span:
5 years
Fiscal Impact; Funded through the PD General Fund:
d.
e.
I.
II.
NFDD CTS Model 7290M – Annual cost between $0 -$ 4300
NFDD CTS Model 7290-9 – Annual cost between $0 -$ 2000
ADDENDUM
M – Page 524 of 1386
PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
7 Rev. 01/2026
primarily by tactical teams, it is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle.
In a tactical deployment situation, the 40mm Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous subjects. Cost: $ 390, quantity: 14 OC 1070 - The Spede-Heat OC Grenade is a high volume, continuous burn it expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 1.09 oz. of active agent. Cost:
$60, quantity: 2
OC 6340 Aerosol - This unique grenade delivers an invisible OC vapor and renders an intense respiratory effect to a non-compliant subject. Cost: $105, quantity: 3 CS 6330 Aerosol - A unique grenade delivering an invisible vapor and rendering an intense respiratory effect. Cost: $105, quantity: 3
III.
IV.
V.
b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
Situations for use of the less lethal weapon systems may include, but are not limited to:
I.
II.
III.
IV.
V.
Self-destructive, dangerous and/or combative individuals.
Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained.
Potentially vicious animals.
Training exercises or approved demonstrations.
c. Authorized Use:
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force, PSPD Policy – Special Weapons and Tactics Unit.
Expected Life Span:
5 years for each category
Fiscal Impact; Funded through the PD general fund:
d.
e.
I.
II.
III.
IV.
V.
1082 – estimated between $0 and $2500 annually
F620 – estimated between $0 and 500 annually
1070 – estimated between $0 and 500 annually
6340 – estimated between $0 and $380 annually
6330 – estimated between $0 and 360 annually
11.40mm Projectile Launchers (Category 14)
a. Description, quantity, capabilities, and purchase cost:
Less lethal 40mm launchers and rubber projectile munitions- Munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed. The sponge munition is used as a Less-Lethal weapon designed to de-escalate a potentially violent encounter.
I. DEFTEC 40mm launcher, cost per device: $1500, quantity: 58 b. Purpose:
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. 40mm less lethal has been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public.
ADDENDUM
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PALM SPRINGS POLICE DEPARTMENT
MILITARY EQUIPMENT INVENTORY LIST
8 Rev. 01/2026
c. Authorized Use:
Situations for use of the less lethal weapon systems may include, but are not limited to:
I.
II.
III.
IV.
V.
Self-destructive, dangerous and/or combative individuals.
Riot/crowd control and civil unrest incidents.
Circumstances where a tactical advantage can be obtained.
Potentially vicious animals.
Training exercises or approved demonstrations.
All other applicable PSPD policies remain in effect, including, but not limited to, PSPD Policy – Use of Force.
d. Expected Life Span:
I.
II.
40mm Launcher: No expiration
40 mm Sponge Round: 5 years
di. Fiscal Impact; Funded through the PD general fund:
I.
II.
40mm Launcher: estimated between $0 and $1500 per device 40 mm Sponge Round: estimated between $0 and $3000 annually Maintenance of Military Use Supply Levels
When military equipment has reached significantly low levels or have been exhausted, or the department requires acquisition of any of the items noted in Category 1-15 under Military equipment categories of this policy, the Department may order equipment as needed in each calendar year by adhering to City of Palm Springs procurement rules, regulations, and city approval processes.
ADDENDUM
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CITY COUNCIL STAFF REPORT
DATE: JUNE 24, 2026 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENTS TO CONTRACT SERVICE AGREEMENTS
WITH KEENAN & ASSOCIATES FOR THIRD-PARTY LIABILITY CLAIMS
ADMINISTRATION FOR TWELVE MONTHS FOR AN AMOUNT NOT TO
EXCEED $66,674 AND INSURANCE BROKERAGE SERVICES FOR SIX MONTHS FOR AN AMOUNT NOT TO EXCEED $50,000
FROM: Scott C. Stiles, City Manager
BY: Jeremy Hammond, Deputy City Manager
SUMMARY:
This action will approve amendments to the contract service agreements with Keenan & Associates for both third-party liability claims administration and insurance brokerage services.
RECOMMENDATION:
1. Approve amendment to contract services agreement with Keenan & Associates (Attachment A) for a twelve-month term to provide third-party liability claims processing administration in an amount not to exceed $66,674, for a revised contract amount not to exceed $491,674.
2. Approve amendment to contract services agreement with Keenan & Associates (Attachment B) for a six-month term to provide insurance brokerage services in an amount not to exceed $50,000, for a revised contract amount not to exceed $355,500.
3. Authorize the City Manager or his designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment C) dated March 31, 2026, Keenan & Associates is registered in the state of California as a subsidiary of Assured Partners, Inc.
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City Council Staff Report
June 24, 2026 -- Page 2
Amendment to Agreements with Keenan & Associates
BACKGROUND:
The City has engaged the services of Keenan & Associates (Keenan) since 2018 to provide third-party liability claims administration (TPA) services to the City. Additionally, from 2008 to present, Keenan has also provided professional insurance brokerage services to the City.
In 2020, the City conducted a competitive request for proposals process, which resulted in the City awarding Keenan a five (5) year contract beginning July 1, 2020. That agreement with Keenan TPA services expired on June 30, 2025, and was extended for a one-year term through June 30, 2026.
STAFF ANALYSIS:
Under Palm Springs Municipal Code section 7.03.09, a professional services contract may be awarded without the normal RFP process when it is determined that an unusual or unique situation exists, in that due to experience and expertise demonstrated in prior contracts with the City a particular vendor is uniquely qualified for a particular task, that makes the application of the requirements of a competitive sealed proposals contrary to the public interest.
In this case, Keenan is considered one of the leaders in the provision of liability claims TPA services to the public sector in California. The City has been pleased with the services provided by Keenan to date. Keenan has served as the City’s insurance broker since 2008 and has provided TPA services since 2018. This has helped the City in the past with difficult insurance coverage issues. Having one entity provide both services assists the City if an insurance claim needs to be made, since the same entity has already thoroughly investigated the claim against the City and is already familiar with the nuances of the case. As such, there is a significant benefit to the City in retaining Keenan as the City’s TPA administrator and insurance broker.
Keenan is currently negotiating and will eventually bind the City’s insurance portfolio for FY 26-27. That effort continues as Keenan works to finalize policies, update statements of value and issue updated certificates of insurance for various City projects. Keenan also is currently involved and administering a substantial number of liability claims on behalf of the City and it would be difficult to transition these to a new vendor in the middle of the claim.
It was previously anticipated that in January 2026, the City would issue a new RFP to solicit bids for these services to confirm the City is receiving the highest quality value and quality services. As Keenan is currently procuring insurance policies for FY 26-27, it would be imprudent and potentially have a negative impact if a new vendor was selected to be effective July 1, 2026. Although new policies are effective at the beginning of the Fiscal Year, continued servicing of the applications and final binding of the policies sometimes goes past July 1. If a new vendor were selected, there is a potential of disruption in
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City Council Staff Report
June 24, 2026 -- Page 3
Amendment to Agreements with Keenan & Associates
insurance coverage as well as problems with current claims processing. Extending the contract through December 31 allows Keenan to negotiate, bind and service the policies through the end of the calendar year.
The TPA agreement is recommended to be extended through the end of the policy year to coincide with the policy year with our excess insurance provider Safety National. Our agreement with Safety National allows the insurer an opportunity to approve any third party administrator changes with a 30-day notice. Safety National has indicated they approve TPA changes that coincide with their policy year, not mid-year. Accordingly, the Keenan liability claims TPA should be extended through June 30, 2027. These services will also be competitively bid as part of the Brokerage Services RFP that will be issued later this year.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a "Project" does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council Strategic Plan Foundation of Financial and Organizational Well-Being.
FISCAL IMPACT:
Funding has been allocated for these purchases and is available in the current fiscal year in Risk Management accounts 540-1090-50085 and 540-1095-50085.
REVIEWED BY:
Department Director: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:
A. Contract Services Agreement Amendment No.3 Keenan & Associates third-party liability claims processing administration
B. Contract Services Agreement Amendment No.2 Keenan & Associates insurance brokerage services
C. Business Disclosure
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Attachment A
TPA
AGREEMENT
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55575.18100\42913029.1