ATTACHMENT D
IFB 26-12
CITY OF PALM SPRINGS, CA
PROCUREMENT AND CONTRACTING DEPARTMENT
INVITATION FOR BIDS 26-12
COUNCIL CHAMBER AV UPGRADES
ISSUED: MAY 14, 2026
Per Addendum No. 2
TABLE OF CONTENTS
SECTION 1 – NOTICE OF INVITATION FOR BIDS ................................................................ 1
1.1 Invitation for Bids ...................................................................................................... 1
1.2 Term ......................................................................................................................... 1
1.3 Schedule .................................................................................................................. 1
1.4 Procurement Officer and Delivery Address: .............................................................. 1 SECTION 2 – INSTRUCTIONS TO BIDDERS ........................................................................ 2
2.1 Obtaining IFB Documents and Addenda:.................................................................. 2
2.2 Site Walk (Mandatory): ............................................................................................. 2
2.3 Bidder’s Minimum Requirements: ............................................................................. 2
2.4 Submission of Bids: .................................................................................................. 2
2.5 Bid Protests: ............................................................................................................. 4 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 5
3.1 Invitation for Clarifications/Questions: ....................................................................... 5
3.2 Local Preference: ..................................................................................................... 5
3.3 Bidders Ethical Behavior: ......................................................................................... 5
3.4 Bids to Remain Open: .............................................................................................. 5
3.5 Right to Accept or Reject Bids: ................................................................................. 6
3.6 Responsibility of Bidder: ........................................................................................... 6
3.7 Insurance: ................................................................................................................ 6
3.8 Public Record: .......................................................................................................... 6
3.9 Cost Related to Bid Preparation: .............................................................................. 7
3.10 Compliance with Law:............................................................................................... 7
3.11 Licenses, Permits, Fees and Assessments: ............................................................. 7
3.12 Investigations: .......................................................................................................... 7
3.13 Non-Collusion: .......................................................................................................... 7
3.14 Signed Bid and Exceptions: ...................................................................................... 8
3.15 Award of Contract: .................................................................................................... 8
3.16 Form of Agreement: ................................................................................................. 9 SECTION 4 – SCOPE OF WORK ..........................................................................................10
4.1 Background: ............................................................................................................10
4.2 Scope: .....................................................................................................................10
4.3 Schedule: ................................................................................................................36
4.4 Compensation: ........................................................................................................36 SECTION 5 – IFB FORMS .....................................................................................................38 SECTION 6 – SAMPLE AGREEMENT ................................................................................... 1 SHORT FORM CONSTRUCTION CONTRACT ...................................................................... 1
SECTION 1 – NOTICE OF INVITATION FOR BIDS
1.1 Invitation for Bids
The City of Palm Springs is requesting Bids from qualified firms to provide the C ity with provide a fully integrated council chamber audio visual system. The City of Palm Springs requires an audio visual system designed to support in- person, hybrid, and broadcast - based public meetings, providing a seamless and user -friendly experience for Council member, staff and the public.
1.2 Term
The term of this contract is 47 calendar days to be determined by the issuance of a notice to proceed.
1.3 Schedule
The following is the schedule for this procurement:
Activity Due/Time
Invitation for Bids Issued May 14, 2026
Site Walk (MANDATORY) – 3200 E
Tahquitz Canyon Palm Springs, CA 92262
May 2 6, 2026 @ 10:00 a m PDT
(MANDATORY)
Requests for Clarifications from Bidders are
due May 28, 2026 @ 4:00 pm PDT
Responses to Requests for Clarification will
be posted via Addendum June 4, 2026
Bids are Due June 11, 2026 @ 2:00 pm PDT
Recommendation/Selection (tentative) June 2026
Projected Date for Award of Contract/ PO June / July 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]
SECTION 2 – INSTRUCTIONS TO BIDDERS
2.1 Obtaining IFB Documents and Addenda:
IFB documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Bidders will then need to log in and locate this IFB for all related documents . It is the Bidders 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 IFB.
2.2 Site Walk (Mandatory):
A Site Walk will be held as follows:
Date: May 26, 2026
Time: 10:00 am PDT
Location: 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262 (City Hall) - Interested participants who wish to submit a Bid are required to attend the site walk.
All Bidders are required to attend this site walk to learn more about the requirements of this solicitation.
Walk Through – Please arrive at City Hall by the 10:00 am PDT start time at the main entrance (reception area).
2.3 Bidder’s Minimum Requirements:
A. Experience: The Bidder must have a minimum of seven (7) years’ experience providing audio visual upgrade services; and completed five (5) Council Chamber audio visual upgrade projects within the last five (5) years.
A.1 Contractor shall demonstrate proven experience in the design and implementation of municipal council chamber systems of similar size and complexity. As part of the submittal, the Contractor shall provide documentation of completed City Council or similar government chamber projects. This shall be submitted with Attachment “E”.
B. License: The Bidder must possess a valid C- 7 Low Voltage System Contractor license. This is required to be submitted with Attachment “A”.
C. Business Licenses : Bidders must be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax; Possess any other applicable license required in the performance of these services. All licenses must be maintained during the entire term of the agreement.
2.4 Bid Security: Each bid shall be accompanied by an electronic copy to demonstrate proof of a certified or cashier’s check or a Bid Bond in the amount of 10 percent (10%) of the total bid price, payable to the City of Palm Springs. The original will be collected from the apparent lowest responsive bidder and shall match the electronic copy.
2.5 Submission of Bids:
A. Bids must be submitted on the Bid forms supplied in this IFB.
B. Bids will be received via the PlanetBids link provided until the time specified in the schedule.
C. A responsive bid must include a price for all items listed on the bid form.
D. Electronic bids shall be uploaded to the PlanetBids vendor portal at the following link:
https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the IFB prior to the due date and time.
E. The receiving time in PlanetBids will be the governing time for acceptability of Bids.
Telegraphic and telephonic Bids will not be accepted. Late Bids will not be accepted by the PlanetBids System.
F. Bids will be submitted electronically in the PlanetBids System. Failure to register as a Bidder to this IFB process per the instructions in the Notice Inviting Requests for Bids (under “Obtaining IFB Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a Bid as being non- responsive or negatively impact the evaluation of a bid.
G. Bids submitted may be withdrawn by removing them from the system before the hour set for the opening.
H. The price quoted by the Bidder in their bid shall include any and all applicable sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Taxes pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of Congress.
I. Bidders may submit only one bid in response to this IFB.
J. Bidders shall submit all required forms with the bid.
K. Should discrepancies occur between unit prices and extended amounts the unit prices shall govern where applicable.
L. Bids not meeting the above criteria may be found to be non-responsive.
M. Bids will be publicly opened and read aloud virtually via the following TEAMS meeting:
Date: June 11, 2026
Time: 2:00 pm PDT
Join:
https://teams.microsoft.com/meet/25794511038695?p=po1rs Vc9KH7xn8KIJC
Meeting ID: 257 945 110 386 95
Passcode: E25sE6uy
Need help? | System reference
Dial in by phone
+1 872-239-6004,,213374287# United States, Chicago
Find a local number
Phone conference ID: 213 374 287#
For organizers: Meeting options | Reset dial-in PIN
N. The City will post an unaudited tabulation of the Bids on the PlanetBids Portal.
2.6 Bid Protests:
A. Bid Protests shall comply with the Palm Springs Municipal Code Title 7 Procurement and Contracting, https://ecode360.com/42995245.
SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT
3.1 Invitation for Clarifications/Questions:
A. Questions are to be submitted through P lanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the IFB.
B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the IFB . 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 Procurement and Contracting Department will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.
3.2 Local Preference:
A. Pursuant to the City of Palm Springs Local Preference Ordinance 1756, 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 bid opening date, from which the vendor, contractor, or consultant operates or performs business on a day -to-day 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 Springs . Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.
B. The Bidder shall use good faith efforts to sub- contract supplies to local businesses and to sub- contract services to local businesses whose work force resides within the Coachella Valley. The contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub -contractors, or by demonstrating that no local sub- contractors are qualified to perform the services or provide the supplies. Any notice inviting bids which may require the use of sub- contractors shall include notification of this subsection. The City Council or Director may reject as non- responsive the bid of any contractor proposing to use sub - contractors that fail to comply with the requirements of this subsection.
C. A local preference will not apply to any solicitations that are funding in part or whole by federal funds.
3.3 Bidders Ethical Behavior:
Bidders, 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 IFB other than as directed below . Contact with anyone other than as directed below will be cause for rejection of a bid.
3.4 Bids to Remain Open:
The Bidder shall guarantee that all contents of their Bid shall be valid for a period of 120 calendar days from the due date of Bids.
3.5 Right to Accept or Reject Bids:
The City of Palm Springs reserves the right to waive any informality or technical defect in a Bid and to accept or reject, in whole or in part, any or all Bids and to cancel all or part of this IFB and seek new Bids, 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. The City also reserves the right to award to the lowest responsive responsible bidder or to reject all bids, as it may best serve the interests of the City. Furthermore, the City reserves the right to reject the Bid of any Bidder who previously failed to perform properly, or complete on time, agreements of a similar nature, or to reject the Bid of a Bidder who is not in a position to perform such an agreement satisfactorily.
3.6 Responsibility of Bidder:
All firms responding to this IFB shall be responsible. If it is found that a firm is non- responsible (e.g., has not paid taxes, is not a legal entity, submitted an IFB without an authorized signature, falsified any information in the Bid package, etc.), the Bid shall be rejected. In addition, the City reserves the right to make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work and the Bidder 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 Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the City that such Bidder is properly qualified to carry out the obligations in the bid documents and to complete the Work contemplated therein.
3.7 Insurance:
Insurance provisions are contained in the Standard Contract Services sample agreement included in the IFB . The successful Bidder will be required to comply with these provisions. It is recommended that Bidders have their insurance provider review the insurance provisions BEFORE they submit their bid.
3.8 Public Record:
A. 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 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.
B. 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 Bid 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.
C. If a submitting party contends that a portion of the Bid 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 Invitation 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 Bid 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 Bid or other information or documents submitted to the City as part of this IFB process. The City may not recognize Bids where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such Bids may be found non-responsive.
3.9 Cost Related to Bid Preparation:
The City will NOT be responsible for any costs incurred by any firm responding to this IFB in the preparation of their Bid or participation in any presentation if requested, or any other aspects of the entire IFB process.
3.10 Compliance with Law:
Bidder 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.
3.11 Licenses, Permits, Fees and Assessments:
Bidder 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 IFB . Bidder represents and warrants to City that Bidder 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 Bidder to perform the Work and Services under the Agreement if so awarded. Bidder 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 Bidder’s performance of the Work and Services required under the Agreement if so awarded. Bidder 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.
3.12 I nvestigations:
The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this IFB 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 Bid 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.
3.13 Non-Collusion:
The undersigned, by submission of this Bid Form, hereby declares that this Bid is made without collusion with any other business making any other Bids , or which
otherwise would make a Bid . Bidder must execute an Affidavit of Non- Collusion provided as Attachment “B” in the IFB and include it with their bid.
3.14 Signed Bid and Exceptions:
Submission of a signed Bid will be interpreted to mean that the firm responding to this IFB has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Invitation for Bids, and any attached sample agreement .
Exceptions to any of the language in either the IFB documents or attached sample agreement, including the insurance requirements, must be requested under the Invitation 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 Bidders. Exceptions to the City’s IFB 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 Bids. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the Invitation for clarification/question process.
3.15 Award of Contract:
A. Award of Bid: The Bid will be awarded to the lowest responsive and responsible Bidder.
B. Responsibility of a bidder will be determined by the City based on each bidder’s experience and references . The City will be the sole judge with respect to the responsiveness and responsibility of each bidder.
C. Notice of Award: After award of the Bid by the Palm Springs City Council, if necessary, a Notice of Award letter and Agreement will be sent to the successful Bidder for execution and return. The successful Bidder shall provide all Certificates of Insurance and Bonds, if required, within fourteen calendar days.
D. It is the City’s intent to award a contract to the firm that can provide all of the scope of work, equipment and services identified in the IFB document. However, the City reserves the right to award a contract, 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 bids have been evaluated. The decision of the City Council will be final.
3.16 Form of Agreement:
The selected bidder 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 6 ). 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.
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 Bid in response to this IFB. Firms that submit a Bid in response to this IFB shall certify the following:
A. Conflict of Interest . Bidder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Bidder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter . Bidder warrants that Bidder 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.
B. Covenant Against Discrimination. In connection with its performance under this Agreement, Bidder 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”). Bidder 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, Bidder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Bidder 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 Bidder 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.
C. 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 lowest responsive responsible Bidder refuses or fails to execute the Agreement, the City may, at its sole discretion, award the Contract to the second lowest responsive responsible Bidder, and so on.
SECTION 4 – SCOPE OF WORK
4.1 Background:
The City of Palm Springs currently utilizes an aging City Council Chamber audio/visual (AV) system originally deployed under prior Council Chamber modernization efforts. The existing system relies heavily on proprietary software, specialized hardware components, and legacy integration platforms that now have limited manufacturer support, reduced parts availability, and increasing operational instability.
Over time, the existing environment has become increasingly difficult to maintain and support. Several core system components are approaching or have exceeded recommended service life, including control systems, audio processing components, video routing infrastructure, cameras, displays, and associated meeting technologies.
Of particular concern is the City’s existing proprietary Votelynx -based control and voting environment, which is dependent upon aging Windows -based systems and software platforms with limited vendor support and constrained upgrade paths. The current architecture requires significant operational oversight, complex troubleshooting procedures, and increased staff intervention during public meetings.
In recent months, the City has experienced an increasing frequency of system failures and operational disruptions impacting Council meetings and other public events.
Due to the critical public nature of City Council meetings, the operational reliability of the Council Chamber system is essential. The City requires a modernized solution that improves system stability, simplifies operations, supports hybrid public participation, and aligns with current industry standards for municipal legislative chambers and broadcast - capable meeting environments.
4.2 Scope:
A. The Contractor shall replace the existing legacy environment with a modern, fully integrated, broadcast-grade audio/visual system that supports:
1. In-person and hybrid public meetings
2. Zoom Room functionality
3. Granicus One Agenda Management and voting integration
4. Streaming to PEG, YouTube, Swagit and other public platforms
5. Accessibility and assistive listening requirements
6. Overflow room operation
7. One-person operational control workflows
The AV system shall improve long- term reliability, reduce operational complexity, standardize technology platforms across City facilities, and provide a scalable foundation for future Council Chamber technology needs.
Work shall take place during planned recess(es) for Palm Springs City Council. All work testing, training etc. MUST be completed to accommodate a planned City Council meeting date taking place within the Council Chamber. Contractor shall coordinate with City to ensure AV equipment is functioning properly prior to any planned City Council meeting.
B. Bill of Materials
The Bill of Materials (BOM) shall establish the minimum system architecture and performance requirements for bidding purposes. Final quantities, models, and associated accessories shall be verified by the Contractor during detailed engineering and submittal review.
All materials, components, accessories, cabling, mounting hardware, licensing, programing, and appurtenant items required for a complete and operational system shall be included whether specifically identified herein or not.
1. Control System
Qty Description Manufacturer or
Approved Equivalent Notes
1 Central Control
Processor Crestron Enterprise-grade
processor
1 Primary AV Operator
Touch Panel Crestron Broadcast control
interface
1 Broadcast Control
Room Touch Panel Crestron Secondary
control location
1 Clerk Control Interface Crestron Audio and
meeting controls
1 Control System
Programming Package Crestron Includes all
workflows
1 Remote Monitoring
Integration Crestron Health monitoring
2. Windows Touchscreen Stations
Qty Description Notes
14 Windows-based Touchscreen Stations Council dais + Clerk stations 14 Mounting Hardware & Connectivity Integrated with dais 14 Windows OS Hardening Configuration Domain-joined
14 Granicus One Integration Setup Auto-launch configuration
3. Video Switching & Routing
Qty Description Manufacturer or
Approved Equivalent Notes
1 Broadcast Video
Switcher Blackmagic Design ATEM-class
1 SDI Video Router Blackmagic Design Smart Videohub
or equivalent
2 Streaming Encoders Blackmagic Design Primary +
redundant
2 Recording Decks Blackmagic Design HyperDeck-class
1 Multiview Monitoring
System Blackmagic Design Broadcast
monitoring
1 SDI Distribution System Blackmagic Design Chamber-wide routing
1 HDMI/Presentation
Interface System Blackmagic Design Laptop integration
4. Cameras
Qty Description Notes
1 Camera Control System Integrated with Crestron
1 Auto Camera Switching Integration Microphone triggered 4 PTZ Mounting Systems Wall/ceiling mounts
4 SDI Camera Connectivity Packages Cabling + converters
5. Audio Systems
Qty Description Notes
1 Enterprise DSP System Q-SYS/Biamp equivalent
1 Automatic Mixer Integrated with DSP
1 Acoustic Echo Cancellation Package Per-channel AEC
14 Digital Push-to-Talk Microphones Council + Mayor
2 Staff Area Microphones Clerk/staff
1 Public Podium Microphone Broadcast-quality
1 Wireless Handheld Microphone Kit Public use
1 Assisted Listening Integration DSP integrated
1 Hearing Loop System ADA compliant
1 Auracast Integration Package If feasible
1 Audio Amplification System Chamber-wide
1 Chamber Speaker System Replace if necessary
1 Overflow Room Audio Feed System Large Conference Room
6. Zoom room System
Qty Description Notes
1 Dedicated Zoom Room Appliance Rack-mounted
1 Zoom Room Controller Integrated
1 Zoom Rooms Licensing Integration City-provided licensing 1 Zoom Audio/Video Integration Package DSP + switcher integration
7. Display System
Qty Description
Manufacturer
or Approved
Equivalent
Notes
8 55”-75 Commercial Confidence
Monitors
New Line
Interactive
Chamber-
wide
8 Display Mounting Systems Not specified Concealed
cabling
1 Display Distribution System Not specified Matrix-routed 1 Digital Signage/Display Control Not specified Integrated
8. Closed Captioning & Accessibility
Qty Description Notes
1 Real-Time Captioning Integration Zoom + broadcast
1 Multi-Language Interpretation Routing Interpreter support 1 Caption Display Integration Confidence monitor support 1 Accessibility Compliance Package ADA support
9. Overflow Room Systems
Qty Description Notes
1 Overflow Room Video Feed Integration Large Conference Room 1 Overflow Audio Distribution DSP integrated
1 Overflow Display Integration Existing/new displays
1 Overflow Control Integration One-touch activation
10. Broadcast & Streaming
Qty Description Notes
1 PEG Broadcast Output Integration SDI output
1 YouTube Streaming Integration Primary stream
1 Granicus Streaming Integration Program feed
Qty Description Notes
1 Local Archive Recording System Redundant recording
1 Broadcast Graphics Integration Lower thirds/voting
11. Network & Infrastructure
Qty Description Notes
1 Dedicated AV Network Switch Stack Managed
1 AV VLAN Configuration Coordinate with IT
1 UPS Power Backup System Rack systems
1 Rack & Cable Management System Full rack redesign
1 Fiber/Copper Backbone Infrastructure As required
1 Equipment Labeling Package TIA compliant
12. Services
Qty Description Notes
1 System Configuration & Coordination
Complete system
configuration and
deployment coordination
1 AV System Programming, Integration &
Setup
Full integration of all
provided AV components
and control functions
1 System Documentation & Equipment
Submittals
Complete documentation
package for review and
approval
1 Council Clerk Process Coordination
Coordination with City
Clerk staff to support
meeting workflows and
operational requirements
1 System Verification & Operational Testing
Comprehensive testing
and validation of all
system functionality
1 End-User Training Training for Clerk and AV
operations staff
1 Technical Support Training Training for City IT support personnel
Qty Description Notes
1 Final System Documentation Package
Delivery of final system
documentation,
configuration records, and
operational materials
13. General Requirements
Contractor shall provide the following required items to deliver a complete and operation AV system.
a. All cabling
b. Connectors
c. Power supplies
d. Adapters
e. Mounting hardware
f. Conduit
g. Programming
h. Configuration
i. Licensing
j. Integration
k. Testing
l. Training
No additional compensation shall be made for incidental materials or components required for a fully functional installation.
C. Description of services to be performed
Contractor shall provide a fully integrated council chamber system, including presentation, audio, video, control, and broadcast capabilities. The system shall be designed to support in-person, hybrid, and broadcast-based public meetings, providing a seamless and user-friendly experience for Council Members, staff, and the public.
The project shall include a complete broadcast and production system capable of supporting live switching, recording, and streaming of meetings. The system shall be designed for reliability, ease of operation, and future scalability, and shall be fully integrated with the overall AV and control system.
Prior to the start of installation, Contractor shall submit detailed shop drawings for review and approval by the City. Shop drawings shall include, at a minimum:
1. System signal flow diagrams – Shop drawings
2. Equipment rack layouts
3. Device interconnection details
4. Network architecture
5. Dais panel layouts
The Contractor shall also provide touchscreen interface layouts (graphical user interface designs) for all user positions, including Council members, Mayor, and City Clerk, for review and approval prior to programming and deployment.
No installation or programming work shall commence until all required submittals have been reviewed and approved by the City.
D. Deliverables
1. System Documentation (Excel Format)
A comprehensive Excel based equipment schedule shall be provided, including, but not limited to:
a. Device description
b. Manufacturer
c. Model number
d. Serial number
e. MAC address
f. IP address
g. Assigned device name
h. Usernames and passwords (as applicable)
E. Control System Source Code
Complete control system source code shall be provided, including:
1. All programming files
2. All modules and libraries used in the project
3. Touchscreen interface files and layouts
All source code shall be delivered in an editable, non- protected formal and shall allow the City or its representatives to make future modifications.
F. Removal of Existing Equipment and Cabling
1. Contractor shall be responsible for removing existing AV equipment and associated cabling as required to support the new system installation.
2. Existing audio and video patch panels shall be evaluated as part of the system upgrade. Contractor shall eliminate legacy patching infrastructure , resulting in this no longer being a requirement due to the implementation of a network based AV system. Contractor shall review all existing patch panels and submit a recommendation to the City identifying:
a. Patch panels to be removed
b. Patch panels to remain (if required), with justification, as approved by the City Project Manager.
c. Any impacts to system functionality or operations
3. All removed patch panels shall be handled in accordance with the project requirements for the removal of existing equipment.
4. All abandoned or unused cabling shall be removed back to its source where accessible. Cabling that cannot be fully removed shall be nearly terminated, labeled as inactive, and secured in accordance with industry best practices.
5. All removed equipment shall be turned over to the City unless otherwise directed.
Equipment shall be:
a. Properly disconnected and handled to prevent damage
b. Organized and packaged in a reasonable manner.
c. Delivered to a location designated by the City.
6. Contractor shall coordinate with the City to identify any equipment that is to be reused, relocated, or disposed of prior to removal.
7. All removal work shall be performed in a clean and professional manner, maintaining the integrity of existing infrastructure and finishes.
G. Council and Staff Workstations
1. PC – Each Council Member position (7 total) and designated staff position (7 total) shall be provided with one (1) Owner -Furnished, Contractor -Installed (OFCI) computer workstation. Workstations shall be small form -factor units suitable for concealed installation. The selected AV Contractor (AVC) shall furnish and install all required mounting hardware to securely install each workstation beneath the dais in a manner that is accessible for service while remaining concealed from view. Mounting solutions shall provide adequate ventilation, cable management, and strain relief, and shall not impede access to adjacent components or infrastructure.
a. Manufacturer: City furnished (Dell)
2. Content Distribution and sharing:
Each workstation shall be capable of displaying both local PC content and content shared by other system users. The system shall support user -initiated content sharing from any workstation to all other workstations and designated presentation displays. Content sharing shall be manual and user controlled. By default, each workstation shall display its local PC content until the user elects to share. The system shall provide a simple, single- action user interface for content sharing. When a user initiates sharing, their local content shall be distributed to all designated displays and made available for viewing at all other workstations.
All other users shall have the ability to view the active shared presentation. The user interface shall provide a clear toggle mechanism for sharing control. Upon initiating content sharing, the control shall dynamically update (e.g., “Share Presentation” changing to “Stop Presentation”) to allow the user to terminate the shared session and return to local or alternate content viewing. The system shall ensure seamless transitions between local and shared content without disruption or the need for operator intervention.
a. Manufacturer: Creston electronics or approved equivalent and custom programming by Contractor
3. Voting: The system shall integrate with Granicus OneMetting.
a. Enter or associate agenda item identifers
b. Record and confirm attendance
c. Initiate and manage voting sessions
d. Once attendance has been established, the City Clerk may initiate the voting session. Upon initiation, each Council Member’s touchscreen shall be prompted with clearly defined voting options:
1. Yes
2. No
3. Abstain
e. Each Council Member shall be able to cast their vote directly from their assigned touchscreen interface. The system shall automatically collect and tabulate all submitted votes in real time. Upon completion of voting, the City Clerk interface shall prompt the user with a control option to display the voting results. Upon activation of the “Display Vote Results” function, results shall be simultaneously distributed to and displayed on:
1. All Council and staff workstation displays
2. Main chamber presentation displays
3. Any active streaming or broadcast outputs
f. The system shall ensure that voting results are accurate, clearly formatted, and displayed without delay.
1. The voting system shall include the capability to archive all voting activity, including agenda item identification, attendance, individual votes, and final results.
2. The system shall allow authorized users to export and distribute voting results. At a minimum, the system shall support the ability to email voting records to designated staff members directly from the system or through an integrated workflow.
3. All archived voting data shall be stored in a structured and retrievable format to support record-keeping, reporting, and future reference.
4. Manufacturer: Crestron Electronics or approved equivalent and custom programming by Contractor.
g. Request-to-Speak System – The system shall include an integrated Request-to-Speak feature accessible from each Council Member and designated staff touchscreen interface. Each user interface shall include a clearly identifiable control (e.g., raised hand icon) allowing users to submit a
request to speak. Upon activation, the request shall be added to a visible speaker queue. The Mayor and City Clerk interfaces shall display the active request-to-speak queue in real time, including the order in which requests were received.
1. Queue Management
The system shall maintain a first -in, first -out (FIFO) queue by default. However, the Mayor shall have the ability to override the queue order and select any requester from the list to be recognized to speak.
2. Speaker Activation
Upon recognition by the Mayor, the selected requester shall be granted permission to speak. The requester shall then unmute their microphone from their touchscreen interface or the microphone base to begin speaking.
3. Manufacturer: Crestron Electronics or approved equivalent and custom programming by Contractor.
h. Dais Panels – The existing panel -mounted units shall be removed and replaced with an integrated, panel -mounted system at each Council and designated staff position. Each panel shall include a minimum 16 -inch, touch-enabled display designed for permanent, flush installation within the existing dais. The design intent is to reuse the existing dais cutouts and avoid modification to the dais surface. Any proposed solution shall be compatible with existing dimensions and mounting conditions. The touchscreen shall serve as the primary user interface for all system functions, including microphone control, voting, request -to-speak, and content interaction. The touchscreen interface shall be fully integrated with the AV control system and shall not rely on separate or secondary control devices. All components shall be purpose- built for continuous operation in a council chamber environment and shall provide a clean, uniform, and professional appearance across all positions.
1. Manufacturer: Custom
i. Panel Audio – Each dais panel shall include an integrated loudspeaker to provide local audio reinforcement at each Council and designated staff position. Each loudspeaker shall include a user -accessible volume control, located in close proximity to the panel (e.g., Decora- style wall plate or equivalent), allowing individual adjustment without affecting system -wide audio levels. The existing panel -mounted loudspeakers and associated connections shall be removed. The Contractor shall provide new loudspeaker connections utilizing balanced audio inputs compatible with the proposed network -based audio system. The audio system shall include appropriate interface devices to convert networked audio signals to localized analog outputs for each panel loudspeaker. All components shall be fully
integrated with the overall DSP and audio distribution system. All installations shall maintain a clean and uniform appearance consistent with the existing dais design.
1. Manufacturer: RDL or approved equivalent.
j. Panel Microphone – Each dais panel shall include a gooseneck microphone (21-inch nominal length) suitable for council chamber use. Each microphone shall include an integrated, touch- capable mute/unmute control located at the base, allowing users to easily control microphone activation. The microphone shall include a bi -color LED indicator at the capsule to clearly display status, with visual indication for active (unmuted) and muted states.
Microphone audio and control signals shall be interfaced with the system’s network-based audio infrastructure through appropriate input devices. The system shall support both audio transport and control/status feedback, including mute state and LED indication, fully integrated with the DSP and control system. All microphones shall be fully compatible with the centralized control system, allowing real -time monitoring and control from authorized user interfaces (e.g., City Clerk).
1. Manufacturer: Audio Technica or approved equivalent. k. Dante – The audio system shall utilize a network -based audio transport protocol such as Dante as the primary means of signal distribution throughout the system. All audio signals, including microphones, DSP processing, and system outputs, shall be transported over the network. The system shall be designed to minimize or eliminate traditional analog point-to- point audio cabling, except where required for final device connections (e.g., local loudspeakers). All networked audio devices shall be fully compatible within a unified audio network, supporting low -latency, high- quality audio transport and centralized routing.
1. Manufacturer: Biamp Dante Card or approved equivalent. l. Audio Interfaces: All dais, staff, and lectern microphones and associated local loudspeakers shall be interfaced to the AV system using network - based audio interfaces compatible with the system’s audio transport protocol (Dante).
1. These interfaces shall support:
a. Microphone audio input
b. Mute/control signal processing
c. LED status feedback for microphone indication
2. All devices shall be connected via the network to the nearest designated network switch as part of the distributed AV system architecture.
3. The system shall provide full integration of audio, control, and status feedback between the microphones, DSP, and control system to ensure synchronized operation across all user interfaces.
4. Manufacturer: Shure or approved equivalent.
m. DSP Programming – intelligibility, system stability, and maximum gain before feedback. The DSP configuration shall include mix -minus processing for all local reinforcement loudspeakers and applicable audio zones. Each microphone position shall be excluded from its associated local loudspeaker mix to prevent feedback and improve clarity. Mix-minus implementation shall be coordinated with microphone routing, gating, and system gain structure to ensure consistent performance across all user positions. The overall DSP design shall be optimized to provide:
1. Clear and intelligible speech reproduction
2. Stable system operation under all typical use conditions
3. Maximized gain before feedback without audible artifacts
4. All DSP programming shall be fully documented and coordinated with the control system to ensure proper system operation and monitoring.
5. M anufacturers: Biamp Systems or approved equivalent. n. Lectern – The lectern and ADA positions shall be equipped to support presentation, speech reinforcement, and accessibility requirements. The system shall provide consistent functionality and user experience at both locations.
1. Displays:
Provide two (2) minimum 22- inch displays: one (1) located at the lectern and one (1) at the ADA -accessible position. Each display shall be capable of presenting active system content, including presentation material and system status information (e.g., timers, shared content). Displays shall be positioned for clear visibility and ease of use by presenters.
2. Manufacturer: Planar or approved equivalent.
3. Microphones – Provide two (2) microphone stations —one at the lectern and one at the ADA position. Each station shall be installed within a table box or enclosure and shall include:
a. One (1) 21-inch gooseneck microphone
b. One (1) integrated loudspeaker for local audio
reinforcement
c. Each microphone shall include an LED indicator at the capsule to clearly display the microphone status
(active/muted).
d. M anufacturer: Audio Technica or approved equivalent. o. Microphone Interface – Refer to item 3.K.
p. Wireless Presentation – Provide a wireless presentation system that supports content sharing from user devices, including Windows and macOS laptops.
1. The system shall:
a. Support wireless screen sharing without requiring
permanent software installation on user devices
b. Provide high- quality video resolution suitable for
presentation content
c. Operate with low latency to ensure smooth presentation performance
d. Integrate with the AV system to allow routing of shared content to all designated displays
e. Support multiple users with the ability to connect and present in a controlled manner
f. The system shall be designed for reliable operation within a council chamber environment.
g. Manufacturer: Crestron Electronics or approved equivalent. q. Encoder – Provide a multi- input encoder at the lectern location to support both wireless and wired presentation sources. The encoder shall include:
1. One (1) input dedicated to the wireless presentation system
2. One (1) USB -C input for direct connection of a laptop at the lectern
3. One (1) additional input reserved for the decoder in item ‘f’ below
4. All inputs shall be fully integrated into the AV system, allowing selection and routing to all designated displays and destinations.
5. Manufacturer: Crestron Electronics or approved equivalent. r. Decoder – Provide an AV decoder at the lectern location to enable display of shared content from other system sources. The decoder shall be integrated with the AV distribution system to allow selection and display of active presentation content originating from any authorized source within the chamber. The lectern display system shall support both:
1. Local content (wired or wireless inputs at the lectern)
2. Shared content distributed from other system sources
3. The system shall provide seamless switching between local and shared content without interruption or the need for operator intervention.
4. The encoder and decoder components shall operate as part of a unified AV distribution system, ensuring consistent performance, low latency, and synchronized content delivery across all system endpoints.
5. Manufacturer: Crestron Electronics or approved equivalent.
4. Chambers
a. Displays – The existing chamber display system shall be reconfigured to improve visibility, simplify operation, and provide a more consistent viewing experience for Council Members, staff, and the public. The current system includes a main display, ceiling- mounted confidence monitors, and multiple
audience displays. The intent of this project is to consolidate and modernize these displays as outlined below.
1. Confidence Displays
a. Existing ceiling -mounted confidence monitors shall be removed. Individual displays at each Council and staff
positions shall serve as the primary means for viewing
presentation content, eliminating the need for separate confidence displays.
2. Main Display
a. The existing main display shall be removed and replaced with a new 85-inch (minimum) display.
b. The replacement display shall be selected to fit within the existing display cavity or mounting location without
requiring modification to surrounding architectural finishes.
If an 85 -inch display cannot be accommodated due to
physical constraints, the AV Contractor (AVC) shall
propose the largest possible display that fits within the available space and submits dimensions for City approval. c. M anufacturer: New Line Interactive or approved
equivalent.
3. Right-Side Audience Displays
a. The two (2) existing right -side audience displays shall be replaced with new large-format displays as follows:
b. One (1) 85- inch display located at the position furthest from the dais
c. One (1) 75-inch display located closer to the dais
d. Manufacturer: New Line Interactive or approved
equivalent.
4. Left-Side Audience Displays
a. The three (3) existing left -side displays shall be removed and replaced with two (2) new large -format displays
configured to match the right-side layout:
b. One (1) 85- inch display located at the position furthest from the dais
c. One (1) 75-inch display located closer to the dais
d. Manufacturer: New Line Interactive or approved
equivalent.
5. Decoders
a. All displays shall be connected to the AV distribution system via dedicated AV decoders.
b. Each decoder shall provide the video signal to its
associated display and shall serve as the primary control
interface for that display, including power on/off and input selection.
c. The system shall be configured such that all display control functions are managed through the AV control system via the associated decoder, eliminating the need for direct user interaction with the display.
d. The System shall be configured to present closed
captioning to all displays.
e. Manufacturer: Crestron Electronics or approved equivalent. b. Audience Loudspeakers – The existing display-mounted loudspeakers shall be removed and shall no longer be utilized as part of the audio system.
1. Provide a new audience sound reinforcement system utilizing two (2) column-type loudspeakers to deliver clear and intelligible audio throughout the chamber.
2. The loudspeakers shall be wall -mounted in proximity to the front display locations (near the dais), with the final mounting position (above or below the displays) to be determined based on field conditions and coordination with the City to achieve optimal coverage and aesthetics.
3. The loudspeaker system shall be designed to provide uniform sound coverage across all audience seating areas, with a focus on speech intelligibility.
4. Loudspeakers shall support both low -impedance and high- impedance operation to allow flexibility in system implementation.
5. Manufacturer: Biamp/Community or approved equivalent. c. City Clerk Talk Back – The system shall provide a dedicated communication path between the City Clerk positions and the AV Control Room to support coordination during meetings.
1. This communication shall be implemented as a talkback/intercom function integrated within the DSP and overall audio system.
2. The City Clerk shall be able to communicate with AV Control Room personnel in a user -friendly and discreet manner. The system shall support a headphone connection at the City Clerk position for private communication.
3. The City prefers that the City Clerk utilize a personal headphone device for this purpose. The system shall provide a standard headphone connection to accommodate this requirement.
4. The City Clerk shall use the assigned microphone at their position for talkback.
5. The system shall be configured to enable selective routing of the microphone signal to the AV Control Room, without broadcasting it to the chamber or including it in the program audio mix.
6. The AV Control Room shall be equipped with a corresponding talkback microphone and monitoring capability to enable two -way communication.
7. The system shall ensure that talkback communication is isolated from the main audio system and does not interfere with live meeting audio, recording, or streaming.
8. The control room will require a desktop stand microphone.
9. Manufacturer: Biamp, RDL, Audio Technica or approved equivalent.
5. AV Control Room
a. Broadcasting System – The City requires an upgraded broadcasting system designed to provide a user -friendly, reliable, and professional platform for live production, recording, and streaming of Council meetings.
1. Camera System
a. The City currently utilizes five (5) Panasonic AW -HE130 PTZ cameras within the Council Chambers. These
cameras shall remain in place and be fully integrated into the upgraded broadcast system. The AV Contractor (AVC)
shall provide and install all required new cabling between the camera locations and the AV Control Room to support reliable operation and high-quality signal transmission. i. Video Signal (3G-SDI)
ii. 3G-SDI cabling shall be utilized for video signal
transport. Belden 1694A or equivalent cable shall
be used to ensure high-quality signal integrity.
iii. Control
iv. Shielded Category 6 cabling shall be provided for
camera control and network communication.
v. Power
vi. Cameras shall be powered via Power over Ethernet
Plus (PoE+), where supported, to simplify
installation and reduce the need for local power
supplies.
vii. Manufacturer: Existing Panasonic cameras
2. Camera Controller
a. Provide and install a dedicated camera controller to enable centralized control of all PTZ cameras within the Council Chambers.
i. The controller shall support full camera operation,
including:
1. Pan, tilt, and zoom control
2. Preset storage and recall
3. Selection and control of multiple cameras
ii. The system shall allow for efficient and intuitive
operation during live meetings and broadcasts,
enabling operators to quickly recall camera
positions and adjust framing as required.
iii. The camera control system shall be fully integrated with the overall AV and control system to support
coordinated operation and future expansion.
iv. Manufacturer: Panasonic or approved equivalent.
3. Production Switcher
a. Provide and install a professional -grade video switcher to support live production, recording, and streaming of
Council meetings.
b. The switcher shall support multiple HD- SDI inputs and outputs to accommodate all existing camera feeds and
additional video sources, including presentation content. c. Given that the existing camera system operates in a high- definition (HD) format, the video production system shall be designed to operate within the HD domain. All
switching, routing, and recording functions shall maintain native HD signal integrity without unnecessary upscaling or conversion.
d. The switcher shall provide, at a minimum:
i. Real-time switching between camera and
presentation sources
ii. Support for transitions, cuts, and basic effects
iii. Multi-view monitoring capability for operator
visibility
iv. Integration with the overall broadcast and recording system
v. The system shall be designed for reliable, user -
friendly operation by City staff with varying levels of technical experience.
e. The City of Palm Springs shall be responsible for creating and loading graphic assets to the production switcher for keying in during meetings.
f. Manufacturer: Blackmagic Designs or approved equivalent.
4. Video Router
a. Provide and install a professional -grade video routing system to support flexible signal distribution throughout the broadcast and AV system.
b. The system shall include a minimum 20x20 HD -SDI video router (video hub) to allow routing of all camera feeds,
presentation sources, switcher inputs/outputs, and
recording destinations.
c. The video router shall:
i. Operate within the HD- SDI domain, consistent with
the system design
ii. Support full crosspoint routing between all inputs
and outputs
iii. The routing system shall be used to provide
maximum flexibility in system configuration,
allowing independent routing for live production,
recording, monitoring, and future system
expansion.
iv. The router shall be integrated into the overall
broadcast system to support efficient signal
management and operational workflow.
v. Manufacturer: Blackmagic Designs or approved
equivalent.
5. Leightonix System
a. Contractor shall remove and dispose of this system.
b. For the purposes of this IFB, the City prefers to have the CableCast system by Tightrope Media Systems or
approved equivalent.
6. VioLite Omni 800
a. Web-centric 1x1 Broadcast, VOD, and Live Streaming
Solution in a whisper -quiet 2RU chassis. Streams H.264 HLS Adaptive bitrate to mobile devices, OTT, and
desktops. Pulls in and records NDI, RTP, RTMP, RTSP,
SRT, and HLS streams as well as SDI. Includes Cablecast Automation, scheduling, and CG Software. Includes
graphics, crawl, bug, and bug text on streaming output. b. Includes an 8TB Content drive and a 256 GB OS drive.
Three-year hardware warranty, system commissioning,
and one year of Gold support included.
7. VioLite OMNI HA
a. Annual hardware warranty contract for the CBLVIOLITE - OMNI. The first 3 years are included with the purchase.
Two additional years of Hardware Assurance, covering the system for a total of 5 years.
8. GOLD CH 1 Year
a. Annual support subscription per I/O (Input/Output). Same - day email, phone, and remote login support. Includes all new software releases. Also includes premium features
only available with Gold or Platinum support.
VIO4 = 4 I/O.
VIO2, VIO Lite and VIO Stream = 2 I/O.
9. SVC PH HRLY: Include a total of two hours.
a. One hour of scheduled online training, installation
assistance, guidance, or targeted help in utilizing
Cablecast, Cablecast CG, and REFLECT. Needs to be
scheduled 2 weeks in advance. Training hours expire after 2 years from purchase.
10. REFLECT PLUS (Optional)
a. Annual Cloud- based REFLECTION service with cloud - based storage and delivery operating in conjunction with both Cablecast Live and Cablecast VOD software. Content is pushed to REFLECT+, eliminating the need to open a
port in your Firewall. Includes full closed captioning text search with video indexing. Includes annual Branded OTT and Mobile APP renewal fees. Also includes 10TB of
storage. Additional storage available in 1TB increments.
Serves a virtually unlimited number of live and VOD
streams over the web, OTT and Mobile apps. Includes up
to 3 live streaming Channels. Renews annually.
b. Includes access to the FREE Cablecast OTT App on Apple TV, Roku, Fire TV, iOS, & Android Mobile.
c. Manufacturer: Cablecast by Tightrope Media or approved equivalent.
11. Legacy Equipment: The Contractor shall review the following devices in the AV room with the City of Palm Springs
representatives to reduce and streamline the process.
a. ICI Live
b. Two Blackmagic streaming encoders – These devices may remain in place (TBD)
c. Swagit
d. Link Electronics closed caption decoder, along with the Aimedia Lexi encoder
e. Tascam HS-4000 – To be decommissioned
f. Tascam SS -CDR200 – To be decommissioned and
replaced with a newer model
g. Audio Mixing – Allen and Heath
h. Compix – decommissioned and replaced with the built -in feature of the production switcher.
i. ClearCom – Shall be removed – r eplaced with item 4.c (City Clerk Talk Back).
j. Ensemble Designs BE56 shall remain and shall be
integrated into the new broadcasting system, providing
TLS sync to various devices, and the test signal HD- SDI output shall be added to the router.
k. Ensemble Designs BE43 shall also remain in place for signal distribution.
l. The existing Ross production switcher shall be removed and replaced with the Blackmagic switcher system.
12. Audio Processing
a. Digital Signal Processor (DSP)
i. Provide a server -based digital signal processing
(DSP) platform capable of supporting all system
audio processing requirements, including but not
limited to microphone processing, routing, mixing,
and output distribution.
b. The DSP system shall include Acoustic Echo Cancellation (AEC) on all required input channels to support hybrid
meetings, conferencing, and remote participation.
c. The DSP platform shall:
i. Support a fully network-based audio architecture
ii. Be scalable to accommodate future system
expansion
iii. Provide sufficient processing capacity for all current and anticipated system requirements
iv. Support integration with the AV control system for
monitoring and control of audio functions
d. The system shall be designed to support:
i. Local sound reinforcement
ii. Program audio for recording and streaming
iii. Mix-minus configurations for conferencing and
remote participation
iv. All DSP programming shall be coordinated with the
overall system design to ensure optimal speech
intelligibility, system stability, and seamless
operation.
v. The DSP shall be a dedicated hardware- based
system and shall not rely solely on software- based
processing running on a general-purpose PC.
vi. Manufacturer: Biamp Systems or approved
equivalent.
e. Amplification - The AV Contractor (AVC) shall provide and install amplification suitable for the two passive column loudspeakers.
i. The amplifier system shall be network -capable and
fully integrated with the DSP and overall AV control
system. Amplifiers shall be sized appropriately to
support all connected loudspeakers with adequate
headroom to ensure clear, undistorted audio at all
operating levels.
ii. The system shall include a minimum of four (4)
amplifier channels to support the proposed
loudspeaker configuration and allow for future
system expansion, if required.
iii. Amplifiers shall support low- impedance and/or
high-impedance operation as required by the
loudspeaker design. Final configuration shall be
determined based on system performance
requirements and coordination with the City.
iv. The amplification system shall provide monitoring
and fault reporting capabilities, allowing for system
diagnostics and maintenance.
v. Manufacturers: Biamp Systems or approved
equivalent.
13. Wireless Microphone System – The AV Contractor (AVC) shall provide a professional- grade wireless microphone system fully integrated with the overall chamber audio system.
a. The wireless microphone system shall be suitable for live speech reinforcement, recording, and broadcast
applications, and shall provide reliable operation within the RF environment of the facility.
b. Networked Audio Integration – The wireless microphone system shall support network -based audio transport (e.g., Dante or equivalent) for direct integration with the DSP and AV audio network.
c. System Capacity
i. The system shall consist of a minimum of four (4)
wireless microphone channels.
d. Handheld Transmitters
i. Provide two (2) handheld wireless transmitters
suitable for speech applications.
e. Bodypack Transmitters
i. Provide two (2) bodypack wireless transmitters with
compatible microphones suitable for presentation
and speech reinforcement applications.
f. Microphone Pickup Pattern
i. All provided microphone capsules shall utilize a
cardioid pickup pattern to optimize speech
intelligibility and minimize unwanted ambient noise
and feedback.
14. Assistive Listen ing System: The AV Contractor (AVC) shall provide an assistive listening system (ALS) that is fully compliant with ADA requirements and applicable accessibility standards. a. System Type
i. Provide an infrared (IR) -based assistive listening
system integrated with the AV system to distribute
program audio to users requiring assisted listening.
b. System Design and Capacity
i. The AVC shall evaluate the room size, layout, and
occupancy to design and provide a system with
adequate coverage and sufficient receivers to meet
ADA requirements and expected user demand.
c. User Accessibility and Signage
i. The system shall include all required accessories
and infrastructure to support user access, including:
1. Portable receivers and associated
accessories (e.g., headphones, neck loops)
2. ADA-compliant signage indicating the
availability of assistive listening services
3. Aura Bluetooth broadcasting (please include
with optional pricing on the Bid Form)
d. The system shall support compatibility with hearing aid devices via neck loop interfaces or equivalent solutions. e. Manufacturer: Listen Technologies or approved equivalent.
15. Audio Streaming over Wi-Fi – In addition to the IR system, provide a Wi -Fi-based assistive listening solution that allows users to access program audio on personal mobile devices. The WiFi - based system shall:
a. Allow users to connect using personal smartphones or tablets
b. Stream low -latency, high- quality audio over the local network
c. Support both iOS and Android devices
d. Integrate with the AV system to receive audio from the DSP
e. Manufacturer: Listen Technologies or approved equivalent.
16. Control System
a. The City requires a fully integrated control system to provide centralized, intuitive operation of all audio, video, presentation, and broadcast system components. The
control system shall serve as the primary interface for Council Members, staff, and authorized personnel,
enabling seamless management of system functions
through user-friendly touchscreen interfaces.
b. The system shall be designed to support role- based
operation, allowing different levels of access and control based on user type (e.g., City Clerk, Mayor, Council
Members, staff, and AV operators). All control functions, including but not limited to presentation routing,
microphone control, voting, request-to-speak management, camera control, and system monitoring, shall be accessible through a unified interface.
c. The control system shall be fully integrated with all AV, audio DSP, and broadcast components to ensure
coordinated operation, real -time feedback, and reliable performance during live meetings and events.
d. The system shall allow authorized users to create, save, and recall meeting configurations, including assignment of participant names, titles, and seating positions. These configurations shall be selectable prior to the start of a meeting, enabling rapid system setup and minimizing
manual input.
e. Each meeting configuration shall support:
i. Assignment of names and titles to individual
positions
ii. Association with specific meeting types or
departments
iii. Automatic population of user interfaces (e.g.,
touchscreens, displays, and overlays)
f. The system shall allow for easy modification and updating of meeting configurations as needed, and shall retain
saved configurations for future use.
g. The system shall allow authorized users to create, save, and recall meeting configurations, including assignment of participant names, titles, and seating positions. These configurations shall be selectable prior to the start of a meeting, enabling rapid system setup and minimizing
manual input.
h. Each meeting configuration shall support:
i. Assignment of names and titles to individual
positions
ii. Association with specific meeting types or
departments
iii. Automatic population of user interfaces (e.g.,
touchscreens, displays, and overlays)
i. The system shall allow for easy modification and updating of meeting configurations as needed, and shall retain
saved configurations for future use.
j. Manufacturer: Crestron Electronics or approved equivalent.
17. Digital Name Plate
a. The existing system includes seven (7) digital nameplates located at the dais. Contractor shall provide updated name plates that meet the enclosed specifications.
b. Contractor shall acknowledge the presence of the existing nameplates and shall ensure that the proposed system
design includes updated digital nameplate displays.
18. Network System
a. The City is looking to have three network switches to accommodate the AVoIP system. To support the AV -over-
IP system architecture and minimize excessive cabling
between endpoints, the system shall include distributed network switching at key locations within the chamber.
Contractor shall provide and install managed network
switches at the following locations:
i. Lectern Location
1. A network switch shall be provided at the
lectern location to support local AV devices.
The AVC shall assess the feasibility of
routing cabling from the adjacent staff tables
to the lectern location. The base bid shall
include all labor and materials required to
route and consolidate these connections at
the lectern, where feasible. Any constraints
or deviations identified during site
verification shall be documented and
submitted to the City for review.
ii. Dais Location
1. Provide a network switch located near the
dais to support all Council and staff position
devices, including touchscreens,
microphones, and associated AV endpoints.
iii. AV Control Room
1. Provide a central network switch located in
the AV Control Room to support core
system equipment, including control
processors, DSP, broadcast equipment, and
network aggregation.
iv. Inter-Switch Connectivity
1. All network switches shall be interconnected
using high- speed fiber links in a star
topology. Fiber interconnects shall support a
minimum of 20 Gbps bandwidth between
switches and shall be designed to support
AV-over-IP traffic, networked audio, control
data, and future system expansion.
b. Contractor shall include a network router keeping the AV devices isolated from the City network.
c. The City shall provide one wide-area network IP address to enable the router to access the Internet.
i. This WAN IP address shall be behind the City’s
firewall.
d. All necessary security protocols shall be implemented. All default passwords shall be changed and shared via the
Excel workbook as mentioned above in the project
deliverables section.
i. Manufacturer: Netgear for switching and TP -Link
for routing or approved equivalent.
19. Remote Diagnostics
a. Contractor shall include a diagnostic PC for remote
management and diagnosis.
20. System Training
a. Contractor shall include one 8 – hour session in two tiers on the same day.
i. Tier 1 – Morning session to include all hands – AV
room operators and the City Clerk, and if needed,
council members. This session will include the use
of the touch screens for the clerk and the council
members for timer, voting, and general system
operation, such as microphone muting, microphone
status and basic workstation video routing.
ii. Tier 2 – Afternoon session for AV operator(s) –
Strictly for the AV room operator to become familiar
with the working of the touch screen control, the
production switcher, the production router, audio
setup and other functions of the system.
iii. Mock meeting – Run 1 mock meeting with staff (no
council) before closing the project
21. System Warranty
a. As part of the IFB response, Contractor shall provide a minimum one (1) year system warranty covering all
installed equipment, programming, and workmanship in the Bid amount.
b. The warranty shall include the following:
i. Preventive Maintenance Visits – Provide two (2)
scheduled preventative maintenance visits during
the warranty period. These visits shall include
system inspection, performance verification,
firmware updates (as applicable), and
recommendations for system optimization.
ii. On-Site Operational Support – A qualified
representative shall be present on- site during the
first two (2) City Council meetings following system
commissioning to provide operational support and
ensure proper system performance.
iii. Warranty Commencement – The warranty period
shall commence on the date of the first official City
Council meeting utilizing the new system.
22. Optional Service Level Agreements – As part of the IFB response, Contractor shall provide pricing and descriptions for optional three (3) year Service Level Agreements (SLAs) in the following tiers:
a. Tier 1 – Preventive Maintenance shall include:
i. Two (2) scheduled site visits per year for system
maintenance
ii. System inspection and performance verification
iii. Firmware and software updates (as applicable)
iv. Written recommendations for system optimization
v. Remote diagnostics and support capability
b. Tier 2 – Maintenance and Labor Support – Includes all services in Tier 1, plus:
i. Labor and travel costs for on -site diagnosis and
repair of system issues
ii. Remote troubleshooting support
iii. Replacement parts shall be excluded and invoiced
separately at current market rates.
c. Tier 3 – Comprehensive Support – All-inclusive service - Includes all services in Tier 2, plus:
i. Coverage of replacement parts required for system
repair
4.3 Schedule:
A. Work shall commence on the Effective Date and is expected to be completed within 47 calendar days.
4.4 Compensation:
A. Work shall be compensated on a not to exceed basis.
B. Retainage from payments: A retention on progress payments is withheld in an amount equal to five percent (5%) of the total work completed and billed for each
progress payment submitted. The Contractor may elect to receive 100 percent of payments due, from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code.
C. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly progress 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.
SECTION 5 – IFB FORMS
ATTACHMENT A – Signature Authorization Form, including Addenda acknowledgment ATTACHMENT B – Non-Collusion Affidavit Form
ATTACHMENT C – No Conflict of Interest and Non-Discrimination Form.
ATTACHMENT D – Business Disclosure Form
ATTACHMENT E – Reference Form
ATTACHMENT F - Executive Order N-6-22 Certification
ATTACHMENT G – Bid Form
ATTACHMENT H – Bid Security
ATTACHMENT A
SIGNATURE AUTHORIZATION
INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID NAME OF COMPANY(BIDDER):
________________________________________________________________________
BUSINESS
ADDRESS:___________________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________
A. I hereby certify that I have the authority to submit this Bid 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 bid. ____________________________________________________
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 IFB:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).
Copy of current business license is required to be attached to this document.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your bid. Failure to acknowledge the Addenda issued may result in your Bid being deemed non-responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # _______________ is/are hereby acknowledged.
ATTACHMENT B
NON-COLLUSION AFFIDAVIT
INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
*THIS FORM MUST BE COMPLETED EXECUTED BY BIDDER AND SUBMITTED WITH
YOUR BID
The undersigned, deposes and says that he or she is
of
, the party making the foregoing Bid. That the Bid is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, 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 Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price 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, Bid depository, or any other member or agent thereof to effectuate a collusive or sham Bid.
Signature: ______________________________________________
Title: _____________________________________________
Date: ______________________
ATTACHMENT C
CITY OF PALM SPRINGS, CA
CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
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 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 CONTRACTOR: ________________________________________
NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________
Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________
ATTACHMENT D
CITY OF PALM SPRINGS
PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must 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 an ownership interest worth five percent (5%) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.
Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.
When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).
Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).
B. The names of persons owning an interest with a value of fiver percent (5%) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.
What if I Have Questions?
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
If other than California, is the Entity also registered in California? Yes No
5. Type of Entity
Corporation Limited Liability Company Partnership Trust Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other ___________________________
_______________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
________________________________ Officer Director Member Manager [name] General Partner Limited Partner
Other __________________________
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
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%
ATTACHMENT E: REFERENCES
INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
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:
ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any Contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The Contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
ATTACHMENT G
BID FORM
INVITATION FOR BIDS (IFB 26-12)
COUNCIL CHAMBER AV UPGRADES
Responding to this IFB for Council Chamber AV Upgrades, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supervision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts . The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.
Table 1 (Basis of Award)
Table 2 - Optional Pricing Items
A. Schedule of Values (SOV) shall be provided within 10 days of notice of the intent to award of this contract, Contractor shall submit for the City’s review and approval an SOV for the not-to-exceed Bid Form items for the Project. The Schedule of Values will:
a. Subdivide the Project into its respective parts,
b. Include values for all items comprising the Project, and c. Serve as the basis for monthly progress payments made to the Contractor throughout the Project.
B. The City is the sole judge of acceptable numbers, details, and description of values established. If, in the opinion of the City, a greater number of SOV items than is proposed by the Consultant are necessary, add the additional items identified by the City. When requested by the City, provide substantiating data in support of the SOV.
ITEM DESCRIPTION UNIT QUANTITY SUBTOTAL
1 Council Chamber AV Upgrade Not-to-exceed 1 $
Total Bid Amount (Basis of Award) $
ITEM DESCRIPTION UNIT QUANTITY SUBTOTAL
1 REFLECT PLUS Not-to-
exceed 1 $
2 Aura Bluetooth
broadcasting (for the
Assisted Listening
System)
Not-to-
exceed 1
$
Optional Service Level Agreements
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE SUBTOTAL
3 Tier 1 – Preventive
Maintenance Annually 3
4 Tier 2 – Preventive
Maintenance Annually 3
5 Tier 3 – Preventive
Maintenance Annually 3
Total Optional Items Amount (Line Items 1- 5) $
C. Incorporate the SOV into the cost loading function of the Schedule. Monthly progress payment amounts for Not -to-Exceed items shall be determined from the monthly updates of the Schedule activities.
D. Following acceptance of the SOV, incorporate the changes (if any) into the cost loading portion of the Schedule. Where coordination of the Schedule and the SOV requires changes made to one or both documents, propose changes to the SOV and to the Schedule activities to satisfy the Schedule cost loading requirements.
E. Update and submit these listings in conjunction with the Schedule monthly submittals.
F. Incorporate approved Contract Change Orders in the Schedule into the SOV as single units identified by the Contract Change Order number.
G. Changes to the Schedule which add activities not included in the original Schedule but included in the original Project shall have values assigned as accepted by the City.
Other activity values shall be reduced to provide equal value adjustment increases for added activities as accepted by the City.
H. In the event that Contractor and City agree to make adjustments to the original SOV because of inequities discovered in the original accepted SOV, increases and equal decreases to values for activities may be made.
I. The payment for the preparation of the SOV shall be included in the total Not -to-Exceed amount, (“Maximum Contract Amount”).
Firm Name:
DIR Number:
Signature of Authorized Person:
Printed Name:
Title:
Date:
ATTACHMENT “H”
BID SECURITY
INVITATION FOR BIDS (IFB 26-12) COUNCIL CHAMBER AV UPGRADES
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That as
Principal, and
as Surety,
are held and firmly bound unto the City of Palm Springs, California, hereinafter called the "City" in the sum of:
dollars
for the
(not less than 10 percent of the total amount of the bid) 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.
WHEREAS, said Principal has submitted a Bid to said City to perform the subject Work required under the Bid Schedule(s) of the City's Contract Documents.
NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the “Notice Inviting Bids” and the “Instructions to Bidders” enters into a written Agreement on the Form of Agreement included with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this _____ day of _____________________, 20___.
EXECUTED FOR THE PRINCIPAL: EXECUTED FOR THE SURETY:
By By
______________________________ __________________________________ Signature Signature (NOTARIZED) (NOTARIZED) Print Name and Title: Print Name and Title:
__________________________________ ______________________________________ By
_____________________________________
Signature
(NOTARIZED)
Print Name and Title:
____________________________________
SECTION 6 – SAMPLE AGREEMENT
55575.18100\42920836.2
Revised 10.5.21 1 SHORT FORM CONSTRUCTION CONTRACT
SHORT FORM CONSTRUCTION CONTRACT
[***INSERT PROJECT NAME***]
1. PARTIES AND DATE.
This Contract is made and 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 CONTRACTOR***] , a [***INSERT ENTITY TYPE, E.G., CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP, OR OTHER LEGAL ENTITY***] (“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 [***INSERT 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: C-7
2.3 Project. City desires to engage Contractor to render such services for the [***INSERT PROJECT DETAILS***](“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond, contractor’s license, and insurance documents as required by the Contract.
3. TERMS
3.1 Compensation and Payment.
3.1.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of [***INSERT COMPENSATION AMOUNT***] Dollars ($_______. 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
55575.18100\42920836.2
Revised 8.9.23 Page 2 of 96
herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are 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 55575.18100\42920836.2
Revised 8.9.23 Page 3 of 96
"completion" as defined in Section 7107(c) of the California Public Contract Code. Securities eligible for investment under this section shall be limited to those listed in Section 16430 of the Government Code, bank or savings & loan certificates of deposit, interest -bearing demand deposit accounts, stand- by letters of credit, or any other security mutually agreed to by Contractor.
3.1.7 Payment to Subcontractors . Contractor shall pay all subcontractors for and on account of work performed by such 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 70 calendar days, beginning the Effective Date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of five hundred dollars and zero cents ($500.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.2.2 If Contractor is delayed in the performance or progress of the Work by a Force Majeure Event (as defined herein), then the Contractor shall be entitled to a time extension, as provided herein, when the Work stopped is on the critical path and shall not be charged liquidated damages. Such a non -compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays and the Contractor will not receive an adjustment to the Total Contract Price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract.
55575.18100\42920836.2
Revised 8.9.23 Page 4 of 96
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 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”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Executive Order N-6-22 Certification (Exhibit “G”)
• Fleet Compliance Certification (Exhibit “H”)
• Addenda
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid
To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.
3.4 Contractor’s Basic Obligation; Scope of Work.
3.4.1 Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The 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. 55575.18100\42920836.2
Revised 8.9.23 Page 5 of 96
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 impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark -up of fifteen percent (15%), which shall constitute the entire amount of profit, mark -ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work.
Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at local equipment rental agencies, or distributors, at the time the work is performed. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
3.4.4 Changes Ordered By City . City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.4.5 Changes Requested By Contractor . With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
3.5 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, 55575.18100\42920836.2
Revised 8.9.23 Page 6 of 96
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.
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 55575.18100\42920836.2
Revised 8.9.23 Page 7 of 96
maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.7 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.8 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.9 Labor.
3.9.1 Prevailing Wages . Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. City 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 55575.18100\42920836.2
Revised 8.9.23 Page 8 of 96
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 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 55575.18100\42920836.2
Revised 8.9.23 Page 9 of 96
Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
3.10 Performance of Work; Jobsite Obligations.
3.10.1 Water Quality Management and Compliance.
3.10.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.10.1.2 Compliance with the Statewide Construction General Permit .
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”).
It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as 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. 55575.18100\42920836.2
Revised 8.9.23 Page 10 of 96
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 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 55575.18100\42920836.2
Revised 8.9.23 Page 11 of 96
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 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 55575.18100\42920836.2
Revised 8.9.23 Page 12 of 96
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.
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 55575.18100\42920836.2
Revised 8.9.23 Page 13 of 96
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 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
55575.18100\42920836.2
Revised 8.9.23 Page 14 of 96
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 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 55575.18100\42920836.2
Revised 8.9.23 Page 15 of 96
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 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 55575.18100\42920836.2
Revised 8.9.23 Page 16 of 96
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.
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 55575.18100\42920836.2
Revised 8.9.23 Page 17 of 96
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.
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 55575.18100\42920836.2
Revised 8.9.23 Page 18 of 96
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.
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 55575.18100\42920836.2
Revised 8.9.23 Page 19 of 96
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.
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section.
Defense costs shall be paid in addition to the limits.
55575.18100\42920836.2
Revised 8.9.23 Page 20 of 96
3.15.7 Deductibles and Self -Insurance Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.3 Bond Provisions . Should, in City’s sole opinion, any bond 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 55575.18100\42920836.2
Revised 8.9.23 Page 21 of 96
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty 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 55575.18100\42920836.2
Revised 8.9.23 Page 22 of 96
Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility . By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other 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.
55575.18100\42920836.2
Revised 8.9.23 Page 23 of 96
3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees . No officer or employee of the City shall be personally liable to the Contractor, or any successor -in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Contract.
3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Contract, and in executing this Contract, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section
7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates City Manager, or 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. 55575.18100\42920836.2
Revised 8.9.23 Page 24 of 96
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:
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: [***INSERT CONTRACTOR’S CONTACT INFORMATION***]
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.
55575.18100\42920836.2
Revised 8.9.23 Page 25 of 96
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 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.
55575.18100\42920836.2
Revised 8.9.23 Page 26 of 96
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]
55575.18100\42920836.2
Revised 8.9.23 Page 27 of 96
SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONTRACTOR’S NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
[***TWO SIGNATURES ARE ONLY REQUIRED FOR CORPORATIONS; IF SUPPLIER IS NOT A CORPORATION, DELETE SECOND SIGNATURE AND DATE LINE***]
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
55575.18100\42920836.2
Revised 8.9.23 Page 28 of 96
EXHIBIT “A”
SERVICES / SCHEDULE
[***INSERT SCOPE OF SERVICES***]
55575.18100\42920836.2
Revised 8.9.23 Page 29 of 96
EXHIBIT “B”
PLANS AND SPECIFICATIONS
[***INSERT ALL PLANS AND SPECIFICATIONS***]
55575.18100\42920836.2
Revised 8.9.23 Page 30 of 96
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. [***INSERT ADDITIONAL SPECIAL CONDITIONS USING ABOVE FORMAT***] 55575.18100\42920836.2
Revised 8.9.23 Page 31 of 96
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. [***INSERT CONTRACTOR NAME***]
By:
Signature
Name (print)
Title (print)
Title (Print)
55575.18100\42920836.2
Revised 8.9.23 Page 32 of 96
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
55575.18100\42920836.2
Revised 8.9.23 Page 33 of 96
EXHIBIT “F”
PAYMENT AND PERFORMANCE BONDS
55575.18100\42920836.2
Revised 8.9.23 Page 34 of 96
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:
55575.18100\42920836.2
Revised 8.9.23 Page 35 of 96
(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
55575.18100\42920836.2
Revised 8.9.23 Page 36 of 96
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.
55575.18100\42920836.2
Revised 8.9.23 Page 37 of 96
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
55575.18100\42920836.2
Revised 8.9.23 Page 38 of 96
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 55575.18100\42920836.2
Revised 8.9.23 Page 39 of 96
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 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.
55575.18100\42920836.2
Revised 8.9.23 Page 40 of 96
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
EXHIBIT “G”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N -6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENALTY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N -6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature:
Printed Name:
Title:
Firm Name:
Date:
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: __________________________________________________