Palm Springs City Council
August 26, 2026

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Continued:

Jeff Kunins, Officer
Josh Isner, Officer
Axon Enterprise,,,,,,,, Inc....... 111111117777888000000000000000000 N....... 888555th Street,,,,,,,, Scottsdale,,,,,,,, AZ 88855522222222555555 Delaware ✔ ■
Patrick Smith ■
Isaiah Fields ■
Brittany Bagley ■
Docusign Envelope ID: 50B6ED9D-339E-8C95-8292-8A16B045CD82

I – Page 222 of 1230
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

Vanguard Capital Management 7777.......22222222%%%% BlackRock,,,,,,,, Inc....... 999.......555%%%% Docusign Envelope ID: 50B6ED9D-339E-8C95-8292-8A16B045CD82 7/13/2026 | 4:45 PM MST
Robert E. Driscoll, Jr. Deputy General Counsel

I – Page 223 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: ACCEPT THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES

ACCOUNT (SLESA) GRANT FROM THE STATE OF CALIFORNIA AND

APPROVE AN EXPENDITURE PLAN AND APPROPRIATION FOR
FISCAL YEAR 2026-2027
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

Each year the Palm Springs Police Department receives funding from the State of California to supplement the Department's budget. These state funds are distributed to law enforcement agencies throughout Riverside County. The City has been awarded $100,000 for Fiscal Year 2026-2027. No matching funds are required to obtain these funds. The use of the SLESA funds is only for front-line, municipal police services and should supplement, not supplant, current front-line law enforcement services.

RECOMMENDATION:
1) Accept the State of California Supplemental Enforcement Services Account Grant (SLESA) and Expenditure Plan.
2) Direct the Director of Finance/City Treasurer to fund the appropriation. 3) Authorize the City Manager to execute all necessary documents.

STAFF ANALYSIS:

The Palm Springs Police Department annually receives funds from the State to supplement the Department’s budget. These funds are distributed to law enforcement agencies throughout Riverside County. The City has been awarded $100,000 for Fiscal Year 2026-2027. The SLESA Grant funding can be spent for a variety of law enforcement expenditures as long as the funds are used for frontline municipal police services.

The funds will be used to purchase new equipment such as computers, hardware, and software programs and will also be used to purchase officer safety equipment and accessories.

J – Page 224 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Accept SLESA Grant and Approve Expenditure Plan for FY 2026-2027 This request is to meet the requirements of SB 823 enacted in April of 2002. The bill amended Government Code Sections 30061 and 30063, requiring City Councils to appropriate the funds exclusively for law enforcement.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Public Safety and Community Services.

FISCAL IMPACT:

No matching funds are required to obtain this additional grant funding. Funding will be used exclusively for law enforcement.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Expenditure Plan

J – Page 225 of 1230

ATTACHMENT A
Expenditure Plan

J – Page 226 of 1230
Supplement Law Enforcement Services Account
Expenditure Plan
FY 26/27
City: Palm Springs
Beginning Fund Balance $510,641.59
Prior Year Allocation
Received in Current Year
Current Year Allocation
Expenditures Planned
Salaries and Benefits
Services and Supplies
Equipment
Administrative Overhead
Total Planned Expenditures
Date approved by the City Council:

The City Manager here certifies that the Supplemental Law Enforcement Services Plan was Submitted to the City Council and approved as listed.

City Manager Date
Please provide the name of a contact person if there are any questions:

Michael Torres 760-323-8116 x8554
Name Contact Number
$100,000.00
$100,000.00
$100,000.00
$100,000.00

J – Page 227 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF THE WASTEWATER TREATMENT PLANT VARIOUS DEMOLITIONS, CITY PROJECT 21-06
FROM: Scott C. Stiles, City Manager
BY: Department of Engineering Services
SUMMARY:

The demolition of abandoned facilities at the Palm Springs Wastewater Treatment Plant, City Project No. 21-06 (the “Project”), has been completed. Formal City Council acceptance of the Project is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:
1) Accept the public works improvement identified Wastewater Treatment Plant Various Demolitions, City Project 21-06, as completed in accordance with the plans and specifications;
2) Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Wastewater Treatment Plant Various Demolitions, City Project 21-06.

BACKGROUND:

In September of 2025, the City Council awarded a construction contract in the amount of $2,243,559 to Resource Environmental, Inc. (the “Contractor”); $295,682.40 to Berg & Associates (Construction Management with material inspections); and $10,890 to The Solis Group (Work Force Agreement administrator) for the Project.

STAFF ANALYSIS:

Construction of the Project started November 17, 2025, and was determined to be substantially completed on May 8, 2026. Before and after pictures of the site and the work completed are shown in Figure 1 on the following page. Staff recommends City Council

K – Page 228 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Acceptance of CP 21-06 WWTP Various Demolitions
accept the completed Project as required by Section 9200 of the California Civil Code and authorize the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notice of Completion is included as Attachment A.

Figure 1 Site before and after demolition
ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code mandates guidelines for implementing the California Environmental Quality Act (CEQA). In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Wastewater Treatment Plant Various Demolitions, City Project No. 21-06, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

K – Page 229 of 1230
City Council Staff Report
August 26, 2026 -- Page 3
Acceptance of CP 21-06 WWTP Various Demolitions
FISCAL IMPACT:

The original contract amount was $2,243,559. During construction, there were line items that were not fully used for the Project. As a result, there is an overall project savings of $273,733.74. The final balancing change order is included as Attachment B.

The City is currently holding retention funds in the amount of $98,491.26 pending acceptance of the improvements and the filing of the Notice of Completion with the County Recorder’s Office.

REVIEWED BY:

Acting City Engineer: Francisco Jaime
Assistant City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Notice of Completion
B. Final Balancing Change Order No. 1

K – Page 230 of 1230
Attachment A

K – Page 231 of 1230
Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

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

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

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

Name Street and No. City State
__________________________________________________________________________________________________________

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

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

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

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

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

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

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:
___________________________________________________________________________________________________________ I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

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

Recording Requested By:

When Recorded Mail To:

City of Palm Springs Brenda Pree, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Fee City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 Resource Environmental, Inc. 13100 Alondra Blvd, Cerritos, CA 90703 ✔ Not Applicable Not Applicable 08 May 26 Demolition of abandoned treatment facilities. Palm Springs Riverside Palm Springs Wastewater treatment plant. 4375 E Mesquite Ave, Palm Springs, CA 92264 Not applicable Joel Montalvo////////City Engineer

K – Page 232 of 1230

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner”, “President”, “Authorized Agent”, “Partner”, etc.) of the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date), at _____________________________________________________ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
Joel Montalvo/City Engineer
City of Palm Springs

PROOF OF SERVICE DECLARATION
a.
b.
c. 
_____________________________________________________________ (Signature of Person Making Service)

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _________________________________________, ________ (date), before me, ____________________________________________, Notary Public (name and title of officer) personally appeared __________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their 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 PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

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

Joel Montalvo City Engineer Palm Springs CA

K – Page 233 of 1230
Attachment B

K – Page 234 of 1230

CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER No. 01
CP 21-06, Wastewater Treatment Plant Various Demolitions Contractor: Engineering Resources Inc. Date: July 6, 2026

CONTRACT CHANGE ORDER SUMMARY
The work was completed without performing several bid items because they were either unnecessary or replaced by approved alternatives, resulting in a credit of $273,733.74. This adjustment accounts for the unused portions of the Contractor’s Schedule updates, the adjusted quantity for grading and backfills, and the remaining balance of the allowance item, as well as the complete deletion of bid items for cutting and abandoning sewer lines, manhole removals, and the temporary sound wall and shoring and bracing not used.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
COR 1 Unused portion of bid Item No 4- Schedule, monthly updates. 1 LS ($500.00) COR 2 Deletion of Bid Item No. 08- Cut and Abandon Sewer Lines (Diameter Greater Than or Equal to 16-inch) and Fill with Flowable Fill’. 1 LS ($36,210.00)
COR 3 Deletion of Bid Item No. 11. Remove Sewer Manhole. 1 LS ($3,000.00) COR 4 Credit for unused portion of Bid Item 30, Shoring and Bracing RFC No 33. ($50,000.00) COR 5 Deletion of Bid Item No. 31 ‘Temporary Sound Wall’ City Initiated. 1 LS ($45,600.00) COR 6 Bid Item no 32 Grading and backfill. $36/cu.yd. ~2,548.0 cu.yd. Not placed ~2,548.0 Cu.Yd ($91,730.52) COR 7 Bid item 35 (allowance) Remaining after June 2026 payment. 1 LS ($46,693.22) Total Lump Sum Change Order Amount: ($ 273,733.74)

CHANGES TO CONTRACT TIME
No time extension is requested.

Summary of Costs
Original Contract Amount: $2,243,559.00 Construction Start Date: 11/17/2025 Previous Change Orders:

$ 0 Previous Agreed Completion Date: 06/04/2026
This Change Order Amount: $(273,733.74) Calendar Days Added: 0 Revised Contract Amount: $1,969,825.26 Revised Completion: 06/04/2026 have received a copy of this Change Order, and the above AGREED PRICES are acceptable to Contractor.

CONTRACTOR
Name and Tittle Date
City of Palm Springs
Recommended By:

Joel Montalvo, City Engineer Date

K – Page 235 of 1230
Approved By:

Scott Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date

K – Page 236 of 1230

CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: AWARD OF A CONTRACT AND APPROVAL OF TASK ORDER FOR THE 2026 SLURRY SEAL PROJECT (CITY PROJECT NO. 26-02) INCLUDING

APPROVAL OF A CONSTRUCTION CONTRACT TO UNION PAVEMENT
SERVICES, INC. IN THE AMOUNT OF $734,147; APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 25Q158 WITH DUDEK,
INC., IN AN AMOUNT NOT TO EXCEED $194,400 FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this contract will allow the City to proceed with construction of the 2026 Slurry Seal, City Project No. 26-02 (“Project”), including approval of the associated agreement for construction management and inspection services.

RECOMMENDATION:
1) Award a construction contract to Union Pavement Services, Inc. in the amount of $734,147 for the 2026 Slurry Seal, City Project No. 26-02; 2) Authorize the City Manager to approve a task order for construction management and inspection services from an on-call engineering services firm, Dudek, Inc., in an amount not to exceed $194,400;
3) Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $150,000 with all change orders reported and filed to the City Council; and 4) Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure forms for Union Pavement Services and Dudek are included as Attachment A.

L – Page 237 of 1230
City Council Staff Report
August 26, 2026 -- Page 2
Award 2026 Slurry Seal, CP 26-02
BACKGROUND:

On July 8, 2026, City Council approved the plans, specifications, and estimates (PS&E) for the proposed slurry seal project. This Project will incorporate residential and collector streets. The Project will include approximately 2 million square feet of slurry seal. A copy of the Street List and Maps are included in Attachment B.

STAFF ANALYSIS:

The Project was advertised for bidding in The Desert Sun, industry plan rooms and PlanetBids, an online electronic bid system on July 9, 2026. On July 30th, 2026, five (5) bids were received as shown in Table 1 below.

Table 1
Company Location Bid Amount
Union Pavement Services, Inc. Jurupa Valley, CA $734,147.00 American Asphalt South, Inc. Riverside, CA $773,415.38
Pavement Coatings Co. Jurupa Valley, CA $776,312.00
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $801,101.70 All American Asphalt Corona, CA $821,661.00
Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined that Union Pavement Services (“the Contractor”) complies with the instructions to bidders and has submitted the lowest responsive and responsible bid in the amount of $734,147.

Staff recommends City Council approve the bid submitted by the Contractor. A copy of the proposed draft agreement is included as Attachment C and a copy of the Contractor’s bid is included as Attachment D.

Construction Management Services
The general scope of work for the construction management services includes a full-time on-site individual who represents the City, generates construction documents, manages document control, coordination with stakeholders and utility companies, conducts community outreach services, coordinates meetings, schedule inspections, perform special inspections, conducts project administration, verifies quantities for invoicing, verifies change order requests, conducts independent cost analysis, and assist with project close out. There will also be a quality control construction manager assigned to the project. Staff sent a request for proposals for construction management and inspection services to its on-call consultant, Dudek.

Staff recommends City Council approve a task order in the amount of $194,400 under an on-call agreement for construction management services with Dudek.

Local Business Preference Compliance
Section 7.03.08 of the Palm Springs Municipal Code (“PSMC”), “Local Business

L – Page 238 of 1230
City Council Staff Report
August 26, 2026 -- Page 3
Award 2026 Slurry Seal, CP 26-02
Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose workforce resides within the Coachella Valley. American Asphalt South, Inc is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Time of Completion
The work shall be diligently performed to completion before the expiration of 40 working days from the issuance of a notice to proceed. Working days are defined as Monday through Friday, excluding weekends and City recognized holidays.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the 2026 Slurry Seal, City Project No. 26-02, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

The estimated construction and administrative costs to complete the project are shown in Table 2 below. Sufficient funds have been budgeted to cover the cost of construction.

Table 2
Project Costs Amount
Gas Tax Funds $355,591.41
Measure A Funds $778,246.28
Project Administration ($20,000)
Construction Administration/Inspection ($194,400)
Construction Contract ($734,147)
Contingency (20%) ($150,000)
Total Budget Remaining $35,290.69

L – Page 239 of 1230
City Council Staff Report
August 26, 2026 -- Page 4
Award 2026 Slurry Seal, CP 26-02
REVIEWED BY:

Acting City Engineer: Francisco Jaime
Assistant City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosures
B. Street List and Map
C. Construction Agreement
D. Contractor’s Bid

L – Page 240 of 1230
Attachment A
Public Integrity Disclosures

L – Page 241 of 1230






 


 

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L – Page 243 of 1230
L –
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Attachment B
Street List and Map

L – Page 246 of 1230
No. Section ID Street Name Beg Location End Location Sheet No. 1 10310 ALEXANDER WAY W/S AVENIDA CABALLEROS E/S VIA MIRALESTE 3 2 10311 ALEXANDER WAY E/S TRAIL CIRCLE W/S ROCK CIRCLE 3 3 10312 ALEXANDER WAY E/S ROCK CIRCLE W/S ACE CIRCLE 3
4 10313 ALEXANDER WAY E/S ACE CIRCLE W/S DUANE ROAD 3
5 10314 ALEXANDER WAY E/S DUANE ROAD W/S AVENIDA CABELLEROS 3 6 10440 ALTAIR COURT S/S RAMON ROAD S END 6
7 10520 AMADO ROAD E/S CALLE ENCILIA W/S CALLE EL SEGUNDO 5 8 10550 AMADO ROAD E/S AVENIDA CABALLEROS 600 FT. E/O. AVENIDA CABALLEROS 5 9 10560 AMADO ROAD 600 FT. E/O AVENIDA CABALLEROS E/S HERMOSA DRIVE 5 10 10990 ARENAS ROAD E/S CALLE EL SEGUNDO W/S AVENIDA CABALLEROS 5 11 10991 ARENAS ROAD E/S CALLE ALVARADO W/S AVENIDA CABALLEROS 5 12 11380 AVENIDA FEY NORTE N/S VIA ROBERTO MIGUEL E END (CDS) 3 13 11390 AVENIDA FEY NORTE S/S VIA ROBERTO MIGUEL S END (CDS) 3 14 11510 AVENIDA OLIVOS 320 FT. S. OF TACHEVAH DRIVE S/S TACHEVAH DRIVE 4 15 11580 AVENIDA PALOS VERDES S/S VIA EYTEL N/S TAMARISK ROAD 4 16 11581 AVENIDA PALOS VERDES S/S EL ALAMEDA N/S TAMARISK ROAD 4 17 11600 AVENIDA SEVILLA W/S BOGERT TRAIL W END (CDS) 9 18 11601 AVENIDA SEVILLA E/S CORSICA COURT W/S BOGERT TRAIL 9 19 11630 AZALEA CIRCLE EAST E/S GOLDENROD LANE E END (CDS) 9 20 11640 AZALEA CIRCLE WEST W/S GOLDENROD LAND W END (CDS) 9 21 11780 BARISTO ROAD W/S CIVIC DRIVE W/S EL CIELO ROAD 6 22 11960 BELARDO ROAD S END BELARDO BRIDGE N/S MESQUITE AVENUE 6 23 12690 CAHUILLA ROAD S/S VIA LOLA N/S HERMOSA PLACE 3 24 12390 CALLE ABRONIA S/S RAMON ROAD N/S CAMINO PAROCELA 6 25 13870 CALLE EL SEGUNDO N/S TAHQUITZ CANYON WAY S/S AMADO ROAD 5 26 13861 CALLE EL SEGUNDO S/S ARENAS ROAD N/S SATURNINO ROAD 5 27 12660 CALLE ENCILIA S/S RAMON ROAD N/S CAMINO PAROCELA 6 28 12880 CALLE MARCUS S/S PASEO EL MIRADOR N/S TACHEVAH DRIVE 4 29 13600 CALLE PALO FIERRO S/S CAMINO PAROCELA N/S SUNNY DUNES ROAD 6 30 13601 CALLE PALO FIERRO S/S CALLE ROCA N/S SUNNY DUNES ROAD 6 31 13790 CALLE ROLPH N/S TACHEVAH DRIVE S/S PASEL EL MIRADOR 4 32 14000 CALLE SANTA ROSA N/S CAMINO PAROCELA S/S RAMON ROAD 6 33 13410 CAMINO ROJOS N/S VIA ROBERTO MIGUEL E END 3
34 13420 CAMINO ROJOS S/S VIA ROBERTO MIGUEL S END (CDS) 3 35 14790 CANYON VISTA DRIVE E/S S PALM CANYON DRIVE W/S SIERRA MADRE 9 36 14130 CERRITOS DRIVE S/S ANDREAS ROAD N/S TAHQUITZ CANYON WAY 5 37 14270 CHIA ROAD E/S SUNRISE WAY W/S CERRITOS ROAD 4
38 14290 CHICO CIRCLE W/S CHICO DRIVE W END (CDS) 8
39 14300 CHICO DRIVE N/S LOBO WAY S/S MARICOPA DRIVE 8
40 14301 CHICO DRIVE S/S CHICO CIRCLE N/S LOBO WAY 8
41 14660 CORSICA COURT S/S AVENIDA SEVILLA S END (CDS) 9 2026 Slurry List - City Project 26-02

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No. Section ID Street Name Beg Location End Location Sheet No. 2026 Slurry List - City Project 26-02
42 14710 CREE ROAD N/S CAREY ROAD N/S JONES STREET 8
43 15110 DOGWOOD DRIVE EAST E/S GOLDENROD LANE E END (CDS) 9 44 15120 DOGWOOD DRIVE WEST W/S GOLDENROD LANE W END (CDS) 9 45 15160 DRIFTWOOD DRIVE S/S MESQUITE AVENUE N/S E DEEPWELL ROAD 7 46 15161 DRIFTWOOD DRIVE S/S OCOTILLO AVENUE N/S DEEPWELL ROAD 7 47 15770 EAST PALM CANYON FRONTAGE NORTH W/S CERRITOS DRIVE W/S ANDEE DRIVE 7 48 16240 GARY CIRCLE S/S VIA ROBERTO MIGUEL S END (CDS) 3 49 16290 GEM CIRCLE W/S AURORA DRIVE W END (CDS) 3
50 16310 GEM CIRCLE W/S PASEO DE ANZA W END (CDS) 3
51 16450 GLEN CIRCLE W/S STARR ROAD - N END W/S STARR ROAD - S END 3 52 16470 GOLDEN ROAD LANE N/S BOGERT TRAIL S END (CDS) 9 53 16471 GOLDEN ROAD LANE S/S AZALEA CIRCLE N/S DOGWOOD CIRCLE 9 54 16720 HERMOSA DRIVE S/S AMADO ROAD N/S TAHQUITZ CANYON WAY 5 55 16702 HERMOSA DRIVE S/S GRANVIA VALMONTE N/S VIA COLUSA 4 56 16703 HERMOSA DRIVE S/S VIA COLUSA N/S ALEJO ROAD 5
57 16721 HERMOSA DRIVE S/S ANDREAS ROAD N/S TAHQUITZ CANYON WAY 5 58 17110 INDUSTRIAL PLACE W/S CALLE PALO FIERRO S/S SUNNY DUNES ROAD 6 59 17370 KIRK DOUGLAS WAY EL CIELO ROAD RAMON ROAD 6
60 17371 KIRK DOUGLAS WAY S/S AIRPORT CENTER DRIVE N/S RAMON ROAD 6 61 17400 LA CAMPANA WAY E/S MONTALVO WAY W/S VALDIVIA WAY 3 62 17610 LEONARD ROAD S/S RACQUET CLUB ROAD N/S VIA OLIVERA 2 63 17750 LOBO WAY E/S TULARE DRIVE W/S CHICO DRIVE 8
64 18040 MANZANITA AVENUE N/S E DEEP WELL ROAD S/S MESQUITE AVENUE 7 65 18041 MANZANITA AVENUE S/S CACTUS ROAD N/S OCOTILLO AVENUE 7 66 18042 MANZANITA AVENUE S/S OCOTILLO AVENUE N/S PALOMINO ROAD 7 67 18043 MANZANITA AVENUE S/S PALOMINO ROAD N/S DEEPWELL ROAD 7 68 18160 MATTHEW DRIVE E S/CHEROKEE WAY 915 FT. E/O LINDEN WAY 8 69 18550 MISSION ROAD S/S CAMINO SUR N/S VIA LOLA 3
70 19180 PADUA WAY W/S PASEO DE ANZA W END (CDS) 3
71 19220 PALM AVENUE S/S SUNNY DUNES ROAD S END 6
72 19260 PALM VISTA DRIVE N/S COROZON AVENUE E/S GRANADA AVENUE 2 73 19350 PARK DRIVE E/S CERRITOS DRIVE W/S SUNSET WAY 4 74 19810 PASEO DE MARCIA S/S MESQUITE AVENUE N/S S DEEPWELL ROAD 7 75 19811 PASEO DE MARCIA S/S OCOTILLO AVENUE N/S S DEEPWELL ROAD 7 76 19831 PASEO DOROTEA S/S CALLE DE RICARDO N/S CALLE DE CARLOS 6 77 19832 PASEO DOROTEA S/S CALLE DE CARLOS N/S CAMINO PAROCELA 6 78 19833 PASEO DOROTEA S/S CAMINO PAROCELA N/S CAMINO SAN SIMEON 6 79 19834 PASEO DOROTEA S/S CAMINO SAN SIMEON N/S CAMINO SAN MIGUEL 6 80 19835 PASEO DOROTEA S/S CAMINO SAN MIGUEL N/S SUNNY DUNES ROAD 6 81 19680 PINTO ROAD N/S E DEEPWELL ROAD S/S PALOMINO ROAD 7 82 19690 PLAIMOR AVENUE E/S EASMOR CIRCLE W/S AIRLANE DRIVE 5

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No. Section ID Street Name Beg Location End Location Sheet No. 2026 Slurry List - City Project 26-02
83 19691 PLAIMOR AVENUE E/S SYBIL ROAD W/S AIRLANE DRIVE 5 84 19740 PONDEROSA WAY N/S ESCOBA DRIVE E END (CDS) 8
85 19741 PONDEROSA WAY S/S TORITO CIRCLE N/S ESCOBA DRIVE 8 86 20040 RAMON ROAD FRONTAGE NORTH 643 FT. W/O COMPADRE ROAD W/S COMPADRE ROAD 5 87 20220 REGAL DRIVE E/S ROSE AVENUE W/S VIA MONTE VISTA 3 88 20221 REGAL DRIVE E/S FAIRVIEW CIRCLE W/S TUXEDO CIRCLE 3 89 20222 REGAL DRIVE E/S TUXEDO CIRCLE W/S CORONET CIRCLE 3 90 20223 REGAL DRIVE E/S CORONET CIRCLE W/S VIA MONTE VISTA 3 91 20260 RIDGE ROAD W/S EL CAMINO WAY W END 7
92 20631 SAN CARLOS ROAD E/S PUERTA DEL SOL W/S INDIAN CANYON DRIVE 2 93 20750 SAN JUAN ROAD E/S VIMINAL ROAD W/S VOLTURNO ROAD 3 94 20751 SAN JUAN ROAD E/S SCOTIA LANE W/S VOLTURNO ROAD 3 95 22450 TAMARISK LANE S/S TAMARISK ROAD S END (CDS) 4
96 22430 TAMARISK ROAD W/S VIA MIRALESTE E/S INDIAN CANYON DRIVE 4 97 22431 TAMARISK ROAD E/S AVENIDA OLIVOS W/S AVENIDA PALOS VERDES 4 98 22432 TAMARISK ROAD E/S AVENIDA PALOS VERDES W/S AVENIDA PALMAS 4 99 22433 TAMARISK ROAD E/S AVENIDA PALMAS W/S VIA MIRALESTE 4 100 22610 TORITO CIRCLE E/S PONDEROSA WAY E END (CDS) 8 101 22770 TULARE DRIVE S/S MARICOPA DRIVE N/S LOBO WAY 8 102 23110 VIA ALTAMIRA E/S AVENIDA CABALLEROS W/S ARQUILLA ROAD 4 103 23591 VIA SOLEDAD S/S AVENIDA PALMERA N/S AVENIDA OLANCHA 7 104 23690 VIMINAL ROAD S/S VIA ESCUELA S/S SAN JUAN ROAD 3 105 23691 VIMINAL ROAD S/S SAN ANGELO ROAD N/S SANDIA ROAD 3 106 23692 VIMINAL ROAD S/S SANDIA ROAD N/S SAN MARINO ROAD 3 107 23693 VIMINAL ROAD S/S SAN MARINO ROAD N/S SAN JUAN ROAD 3 108 23820 VIVIAN CIRCLE N/S VIA ROBERTO MIGUEL E END (CDS) 3

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2 2
3 3
4 4
5 5
6 6
7 7 8
8 9
9 3
8 2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 1 OF 9

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 2 OF 9
San Carlos Rd

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 3 OF 9
Camino Rojos
Vivian Cir
La Campana Way
Glen Cir N
Glen Cir S
E Gem Cir
Padua Way E Gem Cir Mission Rd
Cahuilla Rd

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 4 OF 9 Avenida Olivos Avenida Palos Verdes Tamarisk Ln

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 5 OF 9 Cerritos Dr
Plaimor Ave
Calle El Segundo

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 6 OF 9 Paseo Dorotea Palm Ave Calle Encilia Calle Santa Rosa Calle Abronia Industrial Pl

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 7 OF 9 Pinto Rd

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 8 OF 9
Ponderosa Way Chico Dr
Lobo Way
Torito Cir

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2026 SLURRY SEGMENTS MAP - CP 26-02
SHEET 9 OF 9
Canyon Vista Dr
Azalea Cir
Dogwood Cir
Corsica Ct

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Attachment C
Construction Agreement

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Revised 8.9.23 Page 1 of 6

CONSTRUCTION AGREEMENT
UNION PAVEMENT SERVICES, INC.

THIS AGREEMENT made this 26th day of August, 2026 (“Effective Date”) by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Union Pavement Services, Inc., hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

1. THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:
2026 Slurry Seal, City Project No. 26-02
The Work comprises application of weed killer to all pavement cracks or joints; cleaning, routing, and installation of crack-sealant or asphalt pavement in all pavement cracks or joints 1/8” or wider; construction of approximately 1,459 Tons of Rubber Polymer Modified Slurry (RPMS) over 1,945,098 square feet of asphalt surface; removal and replacement of existing traffic striping and markings; and all appurtenant work on various streets throughout the City of Palm Springs.

2. COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within 40 working days.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

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Revised 8.9.23 Page 2 of 6

3. CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City.

The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is Seven Hundred Thirty-Four Thousand One-Hundred Forty-Seven Dollars ($734,147.00).

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

4. CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

5. MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

6. PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

7. NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party.

Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar

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Revised 8.9.23 Page 3 of 6
days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

8. INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

9. PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation, California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws").

Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

10. CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

11. NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

12. MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special

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Revised 8.9.23 Page 4 of 6
Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions.

No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
[SIGNATURES ON NEXT PAGE]

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Revised 8.9.23 Page 5 of 6

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE
CITY OF PALM SPRINGS AND UNION PAVEMENT SERVICES, INC.

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

CONTRACTOR:

By Date
Signature
By

Date
Signature
(2nd signature required for Corporations)

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL: Date: Item No.

APPROVED AS TO FORM: ATTEST:

By

By
City Attorney City Clerk
APPROVED:

By Date
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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Revised 8.9.23 Page 6 of 6
EXHIBIT “A”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

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

Signature:

Printed Name:

Title:

Firm Name: Union Pavement Services, Inc.

Date:

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Attachment D
Contractor's Bid

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L –
L –
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L –
2026 SLURRY SEAL, CITY PROJECT NO. 26-02

PART II - REQUIRED BID DOCUMENTS
PAGE 5
BIDDER’S LIST OF SUBCONTRACTORS
As required under Section 4104 of the Public Contract Code, the Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection.

Special Note: The Prime Contractor shall self-perform at least 50% of the Work identified in this Bid. In the event the Prime Contractor performs less than the stated percentage, the Bid shall be considered nonresponsive.

A. BIDDER’S PORTION OF WORK Page 1 of ___

1. Name of Prime Contractor:

2. Bid Items / Portion of Work to be Self-Performed (if less than 100% of the contract):

3. Dollar Amount of Work SelfPerformed: 4. Percentage of Work Self-Performed: 5. Date:

By signing the Bid Form, Contractor hereby certifies that it will perform not less than 50% of the Contract Work with its own forces.

B. LIST OF SUBCONTRACTORS

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

1. Subcontractor Name:

2. Address:

3. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M
□ < $15M □ > $15M 8. Amount of Contracted Work: 9.DIR Public Works Contractor Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:

3333333
Union Pavement Serivices,,,,,,,, Inc....... 11111111((((p)))),,,,,,,, 22222222,,,,,,,, 3333333 ,,,,,,,,555 ,,,,,,,,7777 $$$$$$4444999000000000,,,,,,,,1111111144447777.......000000000000000000 6666888.......6666888%%%% 0000000007777////////3333333000000000////////22222222000000000222222226666 Coachella Valley Aggregates,,,,,,,, Inc....... 8888881111111122222222000000000 Fargo Canyon Rd,,,,,,,, Indio,,,,,,,, CA 99922222222222222220000000003333333 Aggregate supplier for RPMS Surry Seal Items 555 ((((77776666000000000)))) 3333333444422222222-----88877770000000004444 N////////A ----- Supplier only $$$$$$33333337777,,,,,,,,222222220000000006666.......000000000000000000 as Supplier N////////A ----- Supplier only Material is worth 555.......0000000007777%%%% of total bid N////////A

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2026 SLURRY SEAL, CITY PROJECT NO. 26-02

PART II - REQUIRED BID DOCUMENTS
PAGE 6
BIDDER’S LIST OF SUBCONTRACTORS
(Continued, if page not needed, delete)
Page ___ of ___

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

2. Subcontractor Name:

3. Address:

4. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M

8. Amount of Contracted Work: 9. DIR Public Works Contractor □ < $15M □ > $15M Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

2. Subcontractor Name:

3. Address:

4. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M
□ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

2. Subcontractor Name:

3. Address:

4. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M
□ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:
22222222 3333333
Western Emulsions,,,,,,,, Inc....... 333333388822222222 Live Oak Ave,,,,,,,, Irwindale,,,,,,,, CA 9991111111177770000000006666 Emulsion supplier for RPMS Surry Seal Items 555 ((((6666222222226666)))) 8884444888-----22222222888777711111111 $$$$$$11111111222222226666,,,,,,,,9997777000000000.......22222222000000000 as Supplier Material is worth 111111117777.......22222222999%%%% of total bid N////////A ----- Supplier only N////////A ----- Supplier only N////////AN////////A $$$$$$11111111000000000888,,,,,,,,000000000000000000000000000.......000000000000000000 Worth 111111114444.......777711111111%%%% of total bid 1111111100000000055511111111333333377774444 1111111100000000000000000000000000000000000066664444888222222223333333 N////////AN////////A Pavement Rehab Company 222222222222222277771111111111111111 E....... La Palma Ave,,,,,,,, Yorba Linda,,,,,,,, 999222222228888887777 Crack Seal ----- 4444((((p)))) ((((7777111111114444)))) 222222223333333888-----11111111444444444444 WGJ Enterprises,,,,,,,, Inc....... DBA PCI 9997777555 W 11111111st St.......,,,,,,,, Azusa,,,,,,,, CA 99911111111777700000000022222222 Striping ----- 11111111((((p)))),,,,,,,, 6666 ((((555666622222222)))) 2222222211111111888-----0000000005550000000004444 $$$$$$111111110000000006666,,,,,,,,999555000000000.......000000000000000000 Worth 111111114444.......5557777%%%% of total bid 4444111111115554444999000000000 1111111100000000000000000000000000088811111111333333355533333336666 N////////A

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2026 SLURRY SEAL, CITY PROJECT NO. 26-02

PART II - REQUIRED BID DOCUMENTS
PAGE 6
BIDDER’S LIST OF SUBCONTRACTORS
(Continued, if page not needed, delete)
Page ___ of ___

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

2. Subcontractor Name:

3. Address:

4. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M

8. Amount of Contracted Work: 9. DIR Public Works Contractor □ < $15M □ > $15M Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

2. Subcontractor Name:

3. Address:

4. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M
□ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:

1. Type of Subcontractor (Check One) □ First Tier; □ Second Tier; □ Supplier; □ Service Contractor (e.g. Trucking) and, if applicable, □ Local Business

2. Subcontractor Name:

3. Address:

4. Bid Items/Portion of Work:

5. Phone No.: 6. Contractor’s License No.: 7. Annual Gross Receipts:
□ < $1M □ < $5M □ < $10M
□ < $15M □ > $15M 8. Amount of Contracted Work: 9. DIR Public Works Contractor Registration No:

10. Percentage of Contracted Work: 11. DBE Firm? □ Yes □ No 12. DBE Certification No.:
33333333333333 33333333333333
Hardy &&&& Harper,,,,,,,, Inc....... Hardy &&&& Harper,,,,,,,, Inc....... 333333322222222 Rancho Circle,,,,,,,, Lake Forest,,,,,,,, CA 9992222222266663333333000000000 333333322222222 Rancho Circle,,,,,,,, Lake Forest,,,,,,,, CA 9992222222266663333333000000000 Crackfilling ----- 4444((((p)))) ((((7777111111114444)))) 44441111111122222222-----1111111133333333333333555 $$$$$$11111111555,,,,,,,,000000000000000000000000000.......000000000000000000 $$$$$$11111111555,,,,,,,,000000000000000000000000000.......000000000000000000 1111111100000000000000000000000000000000000000000000000000000000000000077776666 1111111100000000000000000000000000000000000000000000000000000000000000077776666 222222221111111155599955522222222 N////////AN////////A N////////A NA N////////A N////////A NA N////////A Worth 22222222.......0000000004444%%%% of total bid

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2026 SLURRY SEAL, CITY PROJECT NO. 26-02

PART II - REQUIRED BID DOCUMENTS
PAGE 13
Name of
local business
solicited
Publication,
electronic bid board,
or other resource
(e.g. direct requests)
Date of
initial
solicitation
Follow
up
methods
& Date
Services
or
materials
proposed
Check if
business
was
selected
Estimated
cost of supplies or
services
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
(Copy this page if more local subcontractor outreach needs to be listed) Coachella Valley
Aggregates,,,,,,,, Inc.......

Vance
Corporation
Matich
Corporation
Direct RequestDirect Request Direct RequestDirect Request Direct Request 0000000007777////////222222227777////////222222220000000002222222266660000000007777////////222222227777////////22222222000000000222222226666 0000000007777////////222222227777////////222222220000000002222222266660000000007777////////222222227777////////22222222000000000222222226666 0000000007777////////222222227777////////22222222000000000222222226666 N////////A Via Email 0000000007777////////3333333000000000////////22222222000000000222222226666 Via Email
0000000007777////////3333333000000000////////22222222000000000222222226666 Type II
Aggregate
Supplier
Crack
Repair with
AC
Crack
Repair with
AC
$$$$$$22222222888.......666622222222////////Ton Price not provided
Price not
provided

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2026 SLURRY SEAL, CITY PROJECT NO. 26-02

PART II - REQUIRED BID DOCUMENTS
PAGE 22

PAVEMENT MARKINGS SCHEDULE OF VALUES
Description UOM Unit
Price
6" Double Yellow Line (thermo) including around median islands - Remove existing/Replace with new LF 6" Single White Lane Lines/Turn Lanes /parking lines (thermo) - Remove existing/Replace with new LF Left Turn Arrows - Remove existing/Replace with new EA
Right Turn Arrows - Remove existing/Replace with new EA Multi-directional arrows (turn/thru) - Remove existing/Replace with new EA Through and Merge Arrows - Remove existing/Replace with new EA Ladder Style crosswalk in Thermo, alternating 1' Bands, crosswalk 12-14' wide. Quantity is based on linear foot of crosswalk style, from curb face to curb face, not total length of thermo lines - Remove existing/Replace with new
LF
Yield Line - Remove existing/Replace with new EA
Keep Clear Legend - Remove existing/Replace with new EA Signal Ahead Legend - Remove existing/Replace with new EA Stop Ahead Legend - Remove existing/Replace with new EA Stop Legend and Stop Bar - Remove existing/Replace with new EA Parking "L" - 6" wide, white thermo (L dimensions = 2' x 2’) - Remove existing/Replace with new EA Parking "T" - 6" wide, white thermo (T dimensions = 4' x 2’) - Remove existing/Replace with new EA Bike Lane with parking (6" White, Thermo), Remove existing/Replace with new. Quantity is based on length of bike lane style, not total length of thermo lines. LF Bike Lane with parking and diagonal lines (6" White, Thermo), Remove existing/Replace with new.

Quantity is based on length of bike lane style, not total length of thermo lines. LF Bike Lane Wording with arrow with green background (Thermo) - Remove existing/Replace with new EA Bike Shared Lane Symbol with green background (Thermo) - Remove existing/Replace with new EA Note – the above values will be used for additive pavement markings requested by the City. This will be considered additional work and will be applied to either the Field Allowance line item or as a Contract Change Order once mutually agreed up and paperwork executed by both parties.

Additional work shall adhere to Section 7 of the project specifications. _________________________
Name of Bidder or Firm

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City of Palm Springs
22222222000000000222222226666 Slurry Seal ((((BID 222222226666-----00000000022222222)))),,,,,,,, bidding on 0000000007777////////3333333000000000////////22222222000000000222222226666 1111111122222222:::000000000000000000 PM ((((PDT))))

Printed 0000000007777////////3333333000000000////////22222222000000000222222226666 PlanetBids

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CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 9 WITH STEVE P. RADOS INC., IN THE AMOUNT OF $336,049.59, AND APPROVE AMENDMENT NO. 6 UNDER PROFESSIONAL SERVICE AGREEMENT NO. A9141 WITH
MWH CONSTRUCTORS INC., IN THE AMOUNT OF $21,296.00 FOR

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
WWTP DIGESTER NO. 2, WASTE GAS FLARE AND FILTRATE PUMP
STATION, CITY PROJECT CP 20-25 & 21-07
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Staff is requesting City Council approval of Contract Change Order No. 9 with Steve P.

Rados, Inc. (Rados) in the amount of $336,049.59 and approval of Amendment No. 6 to Professional Services Agreement No. A9141 with MWH Constructors, Inc. (MWH) in the amount of $21,296.00, including a time extension to October 31, 2026. The additional construction costs resulted from directing the Contractor to perform work necessary to maintain project continuity and ensure uninterrupted plant operations. MWH's agreement needs to be extended in order to continue providing construction management and project closeout services.

RECOMMENDATION:
1) Approve Contract Change Order No. 9 in the amount of $336,049.59 to Agreement A9137 with Steve P. Rados, Inc. for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station, City Project No. 20-25 & 21-07 (“Project”). 2) Approve amendment No. 6 in the amount of $21,296.00 to Professional Services Agreement No. A9141, for a new not-to-exceed amount of $2,096,708.14 with MWH and extend the agreement expiration date to October 31, 2026. 3) Appropriate $357,345.59 from the Wastewater Fund to the project’s account. 4) Authorize the City Manager or his designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosures from Rados and MWH are included as Attachment A.

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City Council Staff Report
August 26, 2026 -- Page 2
Approve Rados CCO 9 and MWH Amendment No.6 for CP 20-25 & 21-07 BACKGROUND:

On May 12, 2022, the City Council awarded a construction contract to Rados (“Contractor”) and a Professional services agreement for Construction Management Services to MWH for the WWTP Digester No. 2 Waste Gas Flare and Filtrate Pump Station Project. The scope of work included replacing Digester No. 2, construction of a new gas holder, replacement of the existing waste gas flare and replacement of the filtrate pump station and filtrate pump station force main. Figure 1 below shows the worksite with the various component locations.

Figure 1 – Site Map
On July 21, 2022, construction of the Project commenced. The original construction contract awarded to Rados for the Project was $15,905,500, which has since undergone eight (8) prior change orders totaling $2,621,530.89. These change orders reflect adjustments to the scope of work, unforeseen field conditions, and other necessary revisions identified throughout the course of the Project.

Budget for the Construction Management Services with MWH agreement was $1,246,123.14. As the Project progressed, additional permitting needs, changing construction requirements, and other necessary work required modifications of the agreement. To date, five (5) prior amendments have been executed, totaling an increase of $829,289. These amendments were needed to support the construction management and regulatory activities throughout the duration of the Project.

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City Council Staff Report
August 26, 2026 -- Page 3
Approve Rados CCO 9 and MWH Amendment No.6 for CP 20-25 & 21-07 STAFF ANALYSIS:

As of April 30, 2026, MWH’s construction management agreement expired. MWH sent an amendment request for a time extension through October 31, 2026, and an increase in funds totaling $21,296 to take the project to completion and closeout. The request is included as Attachment B.

MWH and City Staff reviewed four cost proposals from Rados, covering various work modifications for the Project. The work included the remediation of a sinkhole, the replacement of a three-way valve, relocation of a palm tree to accommodate the new gas flare installation, miscellaneous buried pipe alignment modifications to accommodate unidentified utilities encountered in the field, and gas flare pipe re-routing and modifications.

All proposals were found to be contractually compliant. Appropriate documentation was provided and labor, equipment, materials, subcontractor support, and markups were found to be within reasonable scope and cost. The cost of these modifications and extra work totals $336,049.59. No additional time is requested in this change order. The change order is included in Attachment C.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the replacement structure and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff have determined that the City of Palm Springs Wastewater Treatment Plant Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvement Project, City Project No. 20-25 & 21-07, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.

FISCAL IMPACT:

Amendment No. 6 will increase the total contract price by $21,296 resulting in a new total price of $2,096,708.14. Contract Change Order No. 9 will increase the contract by $336,049.59, resulting in a new total contract price of $18,863,080.48. An appropriation of $357,345.59 is required to cover the amendment and the Change order; sufficient funding is available in the Wastewater Fund balance.

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City Council Staff Report
August 26, 2026 -- Page 4
Approve Rados CCO 9 and MWH Amendment No.6 for CP 20-25 & 21-07 REVIEWED BY:

Acting City Engineer: Francisco Jaime
Assistant City Manager: Flinn Fagg
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

Attachment A – MWH and Rados Public Integrity Disclosure Forms Attachment B – MWH Amendment Request
Attachment C – Rados Change Order No. 9

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Attachment A
Public Integrity Disclosure Forms MWH and Steve Rados inc.

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Attachment B
MWH - Amendment No.6 request

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55575.18100\42913029.1

(BB&K 2024)
AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT
A9141 BETWEEN THE CITY OF PALM SPRINGS
AND MWH CONSTRUCTORS, INC.

1. Parties and Date.

This Amendment No. 6 to the Professional Services Agreement A9141 is made and entered into as of this 26th day of August, 2026 by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and MWH Constructors, Inc., a Delaware corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. City and Consultant entered into an agreement titled “Professional Services Agreement WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvements Project, City Project No. 20-25 and No. 21-07” dated June 21, 2022 (“Agreement”), for the purpose of retaining the services of Consultant to provide construction management, inspection and testing services for an amount of $1,246,123.14.

2.2 Amendment No. 1. The City and Consultant amended the Agreement to provide for additional geotechnical testing services. The Parties have heretofore entered into that Amendment No. 1 dated November 14, 2022 for an amount of $17,237 for a new total maximum contract amount of $1,263,360.14.

2.3 Amendment No. 2. The City and Consultant amended the Agreement to provide for additional construction management and inspection services. The Parties have heretofore entered into that Amendment No. 2 dated February 2, 2024 for an amount of $274,567 for a new total maximum contract amount of $1,537,927.14.

2.4 Amendment No. 3. The City and Consultant amended the Agreement to provide for additional construction management and inspection services for the modifications, design, and construction of the Ferrous Chloride Dosing System. The Parties have heretofore entered into Amendment No. 3 dated July 9, 2024, for an amount of $323,100, for a new total maximum contract amount of $1,861,027.14.

2.5 Amendment No. 4. The City and Consultant amended the Agreement to provide additional construction management and inspection services for the modifications, design, and construction of the Ferrous Chloride Dosing System, as well as South Coast Air Quality Management District construction permitting, and to extend the Agreement term. The Parties have heretofore entered into Amendment No. 4 dated May 28, 2025, for an amount of $192,045, for a new total maximum contract amount of $2,053,072.14.

2.6 Amendment No. 5 Purpose. The City and Consultant amended the Agreement to provide additional construction management and inspection services. The Parties have heretofore

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55575.18100\42913029.1

(BB&K 2024)
entered into Amendment No. 5 dated January 14, 2026, for an amount of $18,340 for a new maximum contract amount of $2,071,412.14.

2.7 Amendment No. 6 Purpose. City and Consultant now desire to amend the Agreement to provide for additional construction management and inspection services and extend the term of the Agreement.

2.8 Amendment Authority. This Amendment No. 6 is authorized pursuant to Section 1.8 Additional Services of the Agreement.

3. Terms.

3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended to read as follows:
“Exhibit “A” is hereby revised by incorporating the additional professional services outlined in the Consultant’s letter entitled “AMENDMENT NO. 6”, attached hereto and incorporated herein by reference.”

3.2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended to read as follows:
“The Maximum Contract Amount is increased by $21,934 to a Maximum Contract Amount of $2,096,708.14

3.3 Term. Delete Section 3.4 of the Agreement in its entirety and replace with the following:
“Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing on July 11, 2022 and ending on October 31, 2026, unless extended by mutual written agreement of the Parties.”

3.4 Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 6. From and after the date of this Amendment No. 6, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 6.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.

3.6 Severability. If any portion of this Amendment No. 6 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.7 Counterparts. This Amendment No. 6 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

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55575.18100\42913029.1

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[SIGNATURES ON FOLLOWING PAGE]

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55575.18100\42913029.1

(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT A9141 BY AND BETWEEN THE CITY OF PALM SPRINGS AND MWH CONSTRUCTORS, INC.

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

MWH CONSTRUCTORS, INC.:

By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: 08/26/2026 Item No.

APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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Exhibit A
Constultant letter

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MWH Constructors, Inc.
1250 Corona Pointe Ct, Ste. 104
Corona, CA 92879
June 29, 2026
City of Palm Springs
Attention: Juan Segoviano, P.E.
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Subject: Request for Contract Amendment No. 6
WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvement Project City Project Nos. 20-25 and 21-07
Dear Mr. Segoviano,
MWH Constructors is requesting Amendment No. 6 to the existing Professional Services Agreement A9141 for the WWTP Digester No. 2, Waste Gas Flare, and Filtrate Pump Station Improvement Project. This amendment accounts for a revised timeline and budget necessary to support continued Construction Management and Inspection Services associated with ownerdirected design changes, startup and commissioning activities, regulatory compliance testing, contract administration, and project closeout.

Since execution of Amendment No. 6, additional design modifications have been required for the Waste Gas Flare System, Digester Gas Holder System, associated instrumentation, controls integration, and SCADA programming. These changes have increased the level of effort required by the Construction Management Team to coordinate design revisions, review contractor submittals, process change orders, oversee construction implementation, and support startup and operational testing activities.

Revised Timeline
The current Agreement term extends through April 30, 2026. Due to ongoing construction activities, completion of SCADA programming, instrumentation integration, startup and commissioning of the Gas Holder and Waste Gas Flare systems, South Coast Air Quality Management District (AQMD) compliance testing requirements, contractor change order processing, and final project closeout activities, MWH respectfully requests an extension of services through October 31, 2026.

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MWH Constructors, Inc.
1250 Corona Pointe Ct, Ste. 104
Corona, CA 92879
Additional Services
The additional services provided under Amendment No.6 include, but are not limited to:
• Construction management oversight of Waste Gas Flare and Digester Gas Holder design modifications.
• Review and coordination of instrumentation and controls design revisions. • Coordination and oversight of SCADA and PLC programming development, testing, and implementation.
• Startup, commissioning, and operational readiness support for Digester No. 2, Gas Holder, Waste Gas Flare, and associated process systems.
• Coordination and monitoring of AQMD-required testing, reporting, and system performance verification following system startup.
• Review, negotiation support, and processing of contractor change orders associated with owner-directed modifications.
• Review and processing of contractor schedule updates and Time Impact Analyses. • Final project closeout support, including review of O&M manuals, training documentation, record drawings, warranties, and final acceptance documentation.

Revised Budget
The overall budget adjustment includes an additional cost of $21,934, as outlined in the attached fee schedule breakdown. This adjustment provides the necessary resources to support owner-directed design changes associated with the Waste Gas Flare and Digester Gas Holder systems, instrumentation and controls modifications, SCADA programming and integration activities, AQMD compliance testing and reporting, contractor change order processing, startup and commissioning support, and final project closeout activities.

Fee Schedule Overview
Description
Construction Manager
Hours Rate Amount
80 $203/hr. $16,240

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MWH Constructors, Inc.
1250 Corona Pointe Ct, Ste. 104
Corona, CA 92879
Construction Inspector 20 hrs. $185/hr. $3,700
Subtotal Labor
10% Contingency
Total Amendment No. 7 Request

$19,940
$1,994
$21,934
We are committed to ensuring the highest quality and compliance with all regulatory requirements for this project. Our team will continue to work diligently to manage these final phases efficiently. We seek your understanding and approval of this budget amendment and revised timeline to proceed accordingly.

I am committed to working closely with you to provide any additional documentation or clarification required to support this request.

I appreciate your understanding and cooperation in this matter.

Sincerely,
Michael Dietrick, CCM, RCI, ICC
Regional Manager
MWH Construction Management Services

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Attachment C
Steve Rados Inc. Change Order No. 9

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CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER NO. 9
CP 20-25 & 21-07 WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station
Contactor: Steve P. Rados, Inc. Date: June 29, 2026

CONTRACT CHANGE ORDER SUMMARY
MWH reviewed four costs from Steve P. Rados, Inc. covering various work modifications at the WWTP for work under the subject project. The Work included the remediation of a sinkhole, the replacement of a threeway valve to maintain operational functionality; relocation of a palm tree to accommodate the new gas flare installation; miscellaneous buried pipe alignment modifications to accommodate unidentified utilities encountered in the field; and gas flare pipe re-routing and modifications. All proposals were found to be contractually compliant with appropriate documentation, labor, equipment, materials, subcontractor support, and markups within allowable limits. No additional time is requested in this change order.

CONTRACT CHANGE ORDER COST
ID Description Qty Unit Cost
01 Cost proposal #08 involves pipe route and modifications and specific modifications to the flare, as well as the work was in accordance with directive WCD 03.
1 LS $23,840.30
02 Cost proposal #09
Misc. pipe Modifications to accommodate unidentified Utilities encountered in the field.
1 LS $158,179.67
03 Cost Proposal #10
Sinkhole remediation and replacement of the 3-way valve 1 LS $127,316.63 04 Cost Proposal # 11
Relocation of Palm due to proximity to the Flare. 1 LS $26,712.99 Total Lump Sum Change Order Amount: $336,049.59

CHANGES TO CONTRACT TIME
No time extension is requested.

SOURCE OF FUNDS
Sufficient funds are available in the Wastewater Capital Improvement Projects Fund.

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SUMMARY OF COSTS
Original Contract Amount: $15,905,500.00 Construction Start Date: 07/21/2022 Previous Change Orders:

$1,710,581.94 Previous Agreed Completion Date: 01/10/2025 This Change Order Amount: $336,049.59 Working Days Added: 0 Revised Contract Amount: $18,836,367.49 Revised Completion: 07/31/2025 I have received a copy of this Change Order, and the above AGREED PRICES are acceptable.

Steve P. Rados, Inc.

Jason Riedel, Project Manager Date
City of Palm Springs
Recommended By:

Joel Montalvo, City Engineer Date
Approved By:

Scott C. Stiles, City Manager Date
Attest By:

Brenda Pree, City Clerk Date

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CITY COUNCIL STAFF REPORT
DATE: AUGUST 26, 2026 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. 26B158 WITH URBAN WORX CONSTRUCTION, INC. AND CONTRACT SERVICES
AGREEMENT NO. 26B159 WITH PRO-CRAFT CONSTRUCTION, INC.

FOR ON-CALL PLUMBING MAINTENANCE AND INSTALLATION

SERVICES FOR THE PALM SPRINGS INTERNATIONAL AIRPORT
FROM: Scott C. Stiles, City Manager
BY: Department of Aviation
SUMMARY:

This action will approve separate on-call Contract Services Agreements for the Palm Springs International Airport (Airport) with Urban Worx Construction, Inc., in an amount not to exceed $180,000, and Pro-Craft Construction, Inc., in an amount not to exceed $120,000. The agreements will provide plumbing maintenance, repair, and installation services on an as-needed basis for an initial three-year term.

RECOMMENDATION:
1) Approve Contract Services Agreement No. 26B158 (Attachment A) with Urban Worx Construction, Inc., to provide on-call plumbing maintenance and installation services in an amount not to exceed $180,000 for an initial three-year term commencing on August 27, 2026, and continuing through August 26, 2029, with two one-year extension options upon mutual written agreement of the parties. 2) Approve Contract Services Agreement No. 26B159 (Attachment B) with Pro-Craft Construction, Inc., to provide on-call plumbing maintenance and installation services in an amount not to exceed $120,000 for an initial three-year term commencing on August 27, 2026, and continuing through August 26, 2029, with two one-year extension options upon mutual written agreement of the parties. 3) Authorize the City Manager or designee to execute all necessary documents subject to such changes / revisions agreeable to the City Manager and City Attorney.

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City Council Staff Report
August 26, 2026 -- Page 2
On-Call Plumbing Maintenance and Installation Services for the Palm Springs International Airport BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment C) submitted in May of 2026, Urban Worx Construction, Inc., and Pro-Craft Construction, Inc., are registered in the state of California.

BACKGROUND:

On April 6, 2026, the City’s Procurement and Contracting Department issued an Invitation for Bids (IFB 26-07) on behalf of the Public Works Department to procure on-call plumbing maintenance and installation services for City facilities. The solicitation was publicly advertised and resulted in the selection of the two lowest responsive and responsible bidders. On June 10, 2026, the City Council awarded Construction Contract No. 26B086 to Urban Worx Construction, Inc., as the primary contract, and Construction Contract No. 26B087 to Pro-Craft Construction, Inc., as the secondary contract, to provide on-call plumbing maintenance and installation services throughout the City, as detailed in the Public Works staff report (Attachment D). The contracts support City-owned buildings and facilities on an as-needed basis for an initial three-year term commencing June 11, 2026, through June 10, 2029, with two one-year extension options.

While this procurement was in progress, on May 28, 2026, the Airport’s on-call plumbing maintenance and installation services contractor had notified Airport staff that they had gone out of business and could no longer provide services, requiring the Airport to secure their own services. As a result, the Airport required replacement on-call plumbing services to support Airport facilities and operations.

STAFF ANALYSIS:

The Airport operates seven days a week and supports continuous passenger activity.

Plumbing failures can disrupt terminal operations, restrooms, concessions, and employee workspaces. The Airport requires qualified and properly licensed contractors to provide on-call plumbing maintenance and installation services to support Airport facilities and infrastructure.

Rather than conducting a second competitive procurement for the same services, staff recommend utilizing the results of the City's recently completed IFB 26-07. The Airport's need for on-call plumbing maintenance and installation services is for the same scope of services solicited under IFB 26-07. Section 3.4 of IFB 26-07, Bids to Remain Open, requires the bidder to guarantee that all contents of their bid shall be valid for a period 120 calendar days from the bid due date. Because the Airport's need arose within that 120-day open bid period, staff determined that IFB 26-07 could be utilized to establish a primary and a secondary on-call contract for the Airport’s facilities.

Urban Worx Construction, Inc., will be the primary contractor and Pro-Craft Construction, Inc. will be the secondary. The Airport will reach out to the primary contract holder first

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City Council Staff Report
August 26, 2026 -- Page 3
On-Call Plumbing Maintenance and Installation Services for the Palm Springs International Airport and if they are unable to perform the work, the Airport will reach out to the secondary contract holder. Having both a primary and secondary contractor provides operational redundancy and ensures that qualified services remain available if one contractor is unavailable or unable to respond. The unit pricing is fixed for the first year and subject to a CPI increase in the following years.

The Airport operates as a self-sustaining enterprise fund subject to Federal Aviation Administration revenue-use requirements. Separate Airport agreements establish dedicated not-to-exceed amounts for Airport facilities, ensure that Airport work does not draw down the contract capacity available to other City departments, and incorporate Airport-specific security and access requirements.

Reliable on-call plumbing services support the Airport's mission of "Moving You with Unforgettable Hospitality" by helping maintain clean, safe, and fully functional facilities that contribute to a positive travel experience while minimizing disruptions to passengers, tenants, and Airport operations.

Staff recommend approval of Contract Services Agreement No. 26B158 with Urban Worx Construction, Inc., in an amount not to exceed $180,000, and Contract Services Agreement No. 26B159 with Pro-Craft Construction, Inc., in an amount not to exceed $120,000, to provide on-call plumbing maintenance and installation services at the Airport for the initial three-year term commencing August 27, 2026, through August 26, 2029, with two one-year extension options.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Before issuing an individual task order, the City will evaluate the proposed work for compliance with the California Environmental Quality Act. Routine maintenance and minor repair work may qualify for applicable statutory or categorical exemptions, including the exemptions set forth in CEQA Guidelines Sections 15301 and 15302, as appropriate.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City of Palm Springs’ Strategic Plan Broad Goal of Infrastructure and Facilities, and it also supports the Airport’s 2025-2029 Strategic Plan’s Strategic Priorities for Operational Excellence and Infrastructure.

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On-Call Plumbing Maintenance and Installation Services for the Palm Springs International Airport FISCAL IMPACT:

The amounts of the contracts are based on the budgeted amount set by the Airport and will therefore not match the bid form total amounts.

In Fiscal Year 2026-27, $60,000 is budgeted for the primary contract with Urban Worx Construction, Inc., and $40,000 is budgeted for the secondary contract with Pro-Craft Construction, Inc. in Department of Aviation, Terminal Building Operations Contractual Services Account 4157050-40105. Future amounts will be budgeted in subsequent years.

REVIEWED BY:

Interim Executive Director of Aviation: Victoria Carpenter Procurement and Contracting Manager: Tabitha Richards
City Attorney: Geremy Holm
City Manager: Teresa Gallavan for Scott Stiles
ATTACHMENTS:

A. Contract Services Agreement No. 26B158 - Urban Worx Construction, Inc.

B. Contract Services Agreement No. 26B159 - Pro-Craft Construction, Inc.

C. Public Integrity Disclosure Forms
D. Public Works Staff Report of June 10, 2026

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ATTACHMENT A
AGREEMENT NO. 26B158 WITH
URBAN WORX CONSTRUCTION, INC.

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CONTRACT SERVICES AGREEMENT NO. 26B158

ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES
This Contract Services Agreement (“Agreement”) is made and entered into this 27th day of August 2026, (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Urban Worx Construction, Inc., a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a qualified firm, for on-call plumbing maintenance and installation services for the Palm Springs International Airport, (“Project”).

B. Contractor has submitted to City a proposal to provide on-call plumbing maintenance and installation service, to City under the terms of this Agreement.

C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.

D. City desires to retain Contractor to provide such contract services.

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

AGREEMENT

1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and contract services and that Contractor is experienced in performing the Work contemplated and, in light of such status and experience, Contractor covenants that it shall perform the the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents.

The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Solicitation; and, (4) the Contractor’s signed, original bid submitted to the City (“Contractor’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Solicitation and the Contractor’s Bid, which are both attached as Exhibit “A” and Exhibit “B” are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Contractor’s Bid. All provisions of the Scope

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of Services, the City’s Solicitation and the Contractor’s Bid shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Solicitation; (3rd) the terms of this Agreement; and, (4th) the provisions of the Contractor’s Bid.

1.3 Compliance with Law. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees, and Assessments. Contractor represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and Services under this Agreement.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

2. COMPENSATION

2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of One Hundred Eighty Thousand Dollars (“$180,000) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B”. Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2.

The Maximum Contract Amount shall include the attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings.

2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Contractor wishes to receive payment, Contractor shall submit to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the services performed by Contractor and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during

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the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.

3. SCHEDULE OF PERFORMANCE

3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on the August 27, 2026, and ending on August 26, 2029. The Parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the Parties do so in writing prior to the expiration of the original term of the then-current Option Period.

3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor.

Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

3.3 Schedule of Performance.

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

3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor

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notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4. COORDINATION OF WORK

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

4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent

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of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

4.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee.

A. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor.

B. Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

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

4.5 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which

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include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

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

5. INSURANCE

5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
required
X is not required;
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim against Contractor; or (b) if Contractor does not provide the certification under (a), Contractor shall procure from the contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In

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the event of termination of the policy during this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

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

C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.

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

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

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

5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:

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A. For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it.

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

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

D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

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

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

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

H. Contractor shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features or limits contained

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in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.

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

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

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

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

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

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

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

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

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named."

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Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

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

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

6. INDEMNIFICATION

6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

6.2 Design Contract Services Indemnification and Reimbursement.

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

7. REPORTS AND RECORDS

7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

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Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Contractor is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor may retain copies of such documents for their own use.

Contractor shall have an unrestricted right to use the concepts embodied tin this Agreement.

Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.

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

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8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

8.3 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

A. If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2.

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

8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.

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

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

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the 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 Agreement.

9.2 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 Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor 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.

10. MISCELLANEOUS PROVISIONS

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10.1 Patent and Copyright Infringement.

To the fullest extent permissible under law, and in lieu of any other warranty by City or Contractor against patent or copyright infringement, statutory or otherwise:

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

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

10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing.

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

To City: City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor: Urban Worx Construction, Inc.

Attention: James Henderson
39203 Leopard Street, Ste B
Palm Desert, CA 92211

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10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

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

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

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

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

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

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

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

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND URBAN WORX CONSTRUCTION, INC.

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

CONTRACTOR:

By: ____________________________ By: ________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: 8/26/2026 Item No. ____
APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – up to $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES

1.1 Background:

The City requires the services of a contractor to provide on-call plumbing maintenance and installation services at the Palm Springs International Airport and its facilities (Airport).

1.2 Scope:

A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in the Palm Springs International Airport and its facilities. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the Airport before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

C. The Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work. a. The Contractor shall be solely responsible for correcting any damages caused by on-site work, due to improperly protecting property.

D. Response time: The Contractor shall respond to calls for service as follows:
a. The Contractor shall respond to department within 48 hours from request for work. i. Requests for proposals shall be provided within 14 days from the initial request. b. The Contractor shall respond to emergency calls for service or repair within twentyfour (24) hours. Emergency responses include weekends, after-hours and holidays.

E. The Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

F. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the Airport as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the Airport may correct the deficiencies by other means. In such case, the Airport may exercise rights and remedies as provided in section 9.4 of agreement.

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c. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

G. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

H. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.

I. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The Airport reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

J. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

K. Security:
a. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. b. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

L. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

M. Uniforms and vehicles:
a. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the

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Contractor. Contractor must abide by Airport’s requirements for visiting Airport and its facility buildings, including wearing required face coverings. b. Contractor vehicles must display company logo and name.

N. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract.

1.3 Bonding:

A. For any Task Order authorized by Airport of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by Airport of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit “D” which is incorporated herein by this reference; and (2) a Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by Airport of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit “E” which is incorporated herein by this reference.

B. The Payment Bond and Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: PropertyCasualty.

C. Contractor shall deliver, concurrently with Airport’s approval of any Task Order over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Payment Bond and Performance Bond, a certified copy of the “Certificate of Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

1.4 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

3. Project work will be authorized on a Task Order basis. The Airport will request a scope of work and the Contractor will provide a proposal/quote that corresponds to the pricing detailed in the bid form. The Airport will authorize the work via a signed Task Order form and corresponding release purchase order.

4. The Airport will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project

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management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The Airport will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the Airport authorized payment of the applicable items.

1.5 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.6 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected]

1.7 Special Security Requirements:

1. Police Department:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor.

Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

2. Airport Secured Access to work areas:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport

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Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.

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(BB&K 2024) 22
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

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CITY OF PALM SPRINGS, CA

PROCUREMENT AND CONTRACTING DEPARTMENT
INVITATION FOR BIDS 26-07

ON-CALL PLUMBING MAINTENANCE AND

INSTALLATION SERVICES
ISSUED: APRIL 6, 2026

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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 Pre-Bid Conference.................................................................................................. 2

2.3 Bidder’s Minimum Requirements:............................................................................. 2

2.4 Submission of Bids:.................................................................................................. 2 SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT ........................................ 4

3.1 Invitation for Clarifications/Questions:....................................................................... 4

3.2 Local Preference: ..................................................................................................... 4

3.3 Bidders Ethical Behavior: ......................................................................................... 4

3.4 Bids to Remain Open: .............................................................................................. 5

3.5 Right to Accept or Reject Bids:................................................................................. 5

3.6 Responsibility of Bidder:........................................................................................... 5

3.7 Insurance: ................................................................................................................ 5

3.8 Public Record:.......................................................................................................... 5

3.9 Cost Related to Bid Preparation: .............................................................................. 6

3.10 Compliance with Law:............................................................................................... 6

3.11 Licenses, Permits, Fees and Assessments: ............................................................. 6

3.12 Investigations: .......................................................................................................... 6

3.13 Non-Collusion:.......................................................................................................... 6

3.14 Signed Bid and Exceptions:...................................................................................... 7

3.15 Award of Contract:.................................................................................................... 7

3.16 Form of Agreement: ................................................................................................. 8 SECTION 4 – SCOPE OF WORK........................................................................................... 9

4.1 Background:............................................................................................................. 9

4.2 Scope:...................................................................................................................... 9

4.3 Bonding:..................................................................................................................11

4.4 Pricing: ....................................................................................................................11

4.5 Payment:.................................................................................................................12

4.6 Invoicing:.................................................................................................................12

4.7 Special Security Requirements:...............................................................................12 SECTION 5 – IFB FORMS.....................................................................................................15 SECTION 6 – SAMPLE AGREEMENT ................................................................................... 1

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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 City with on-call plumbing maintenance and installation services.

1.2 Term
The term of this contract will be for 3 years, with 2 one-year options to renew at the City’s sole discretion.

1.3 Schedule
The following is the schedule for this procurement:

Activity Due/Time
Invitation for Bids Issued April 6, 2026
Pre-Bid Conference April 16, 2026 @ 9:00 am PST
Requests for Clarifications from Bidders are
due April 23, 2026 @ 2:00 pm PST
Responses to Requests for Clarification will
be posted via Addendum April 30, 2026
Bids are Due May 7, 2026 @ 2:00 pm PST
Recommendation/Selection (tentative) May 2026
Projected Date for Award of Contract/ PO May 2026

1.4 Procurement Officer and Delivery Address:

Rocio Cervantes
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8336
Email: [email protected]

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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 Pre-Bid Conference
A Pre-Bid Conference will be held as follows:

Date: TUESDAY, APRIL 16, 2026
Time: 9:00 am PST
Location: Virtually. - Interested participants who wish to participate in the Prebid conference will join the Teams meeting as follow:

Microsoft Teams Need help?
Join the meeting now
https://teams.microsoft.com/meet/23594687723569?p=U1dAjY8Eif7rdi7ZcA Meeting ID: 235 946 877 235 69
Passcode: dy669z5b
Dial-in by phone
+1 872-239-6004,,170233533# United States, Chicago
Find a local number
Phone conference ID: 170 233 533#
All Bidders are highly encouraged to attend this conference to learn more about the requirements of this solicitation.

2.3 Bidder’s Minimum Requirements:

A. Experience: The Bidder must have a minimum of five (5) years of experience providing plumbing maintenance and installation services of commercial, institutional and/or industrial facilities (non-residential).

B. Contractor Licenses: Bidders must possess a current Class C-36 Contractor License. Bidder must provide a copy of contractor’s license 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 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.

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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 his/her 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: Thursday, May 7, 2026
Time: 2:00 pm PST
Microsoft Teams Need help?
Join the meeting now
https://teams.microsoft.com/meet/21656598618682?p=ZrdbuC0TJanmF9CiYL Meeting ID: 216 565 986 186 82
Passcode: fH9Ph3DH
Dial-in by phone
+1 872-239-6004,,637082062# United States, Chicago
Find a local number
Phone conference ID: 637 082 062#
N. The City will post an unaudited tabulation of the Bids on the PlanetBids Portal.

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SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1 Invitation for Clarifications/Questions:

A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the 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. In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in Ordinance No. 1756, the City may give a preference to Local Businesses in making such purchase or awarding such contract in an amount not to exceed five percent of the Local Business’ total bid price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the Solicitation.

C. In order for a Local Business to be eligible to claim the preference, the business must request the preference in the Solicitation response (see Attachment A Signature Authorization Form) and provide a copy of its current business license from a jurisdiction in the Coachella Valley.

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.

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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 nonresponsible (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.

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C. If a submitting party contends that a portion of the Bidis 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 Investigations:

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:

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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 two lowest responsive and responsible Bidders.

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, 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.

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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

7.09.040, including without limitation the provision of benefits, relating to nondiscrimination 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.

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SECTION 4 – SCOPE OF WORK

4.1 Background:

The City requires the services of a contractor to provide on-call plumbing maintenance and installation services at various City of Palm Springs Buildings and Facilities.

4.2 Scope:

A. Contractor shall furnish labor, materials, equipment, and supervision to perform Plumbing maintenance and installation (Work) on an as-requested basis in city facilities included in this solicitation. The scope shall include, but is not limited to general repairs, troubleshooting, testing, inspecting, trenching, renovation, replacement, installation, and maintenance of a wide range of plumbing equipment, fixtures, and systems, for both residential and commercial interior and exterior facilities. This may include project estimation and budgeting of work.

B. All work shall be performed by and billed to the lowest applicable job class level. The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such.

C. The Contractor shall be responsible for setting up proper site protection prior to commencing services, as well as daily clean-up following completion of work. a. The Contractor shall be solely responsible for correcting any damages caused by on-site work, due to improperly protecting property.

D. Response time: The Contractor shall respond to calls for service as follows:
a. The Contractor shall respond to department within 48 hours from request for work. i. Requests for proposals shall be provided within 14 days from the initial request. b. The Contractor shall respond to emergency calls for service or repair within twentyfour (24) hours. Emergency responses include weekends, after-hours and holidays.

E. The Contractor shall have weekly written communication with the Project Manager to provide project updates and provide forthcoming schedule updates.

F. Correction of work deficiencies:
a. The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.
b. If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

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c. In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

G. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

H. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification. Contractor must not store equipment and/or supplies on any City property.

I. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies.

The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

J. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

K. Security:
a. The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area. b. Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

L. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible. City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

M. Uniforms and vehicles:
a. The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the

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Contractor. Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.
b. Contractor vehicles must display company logo and name.

N. Contractor’s employees must act in a professional manner at all times and abide by all local, state and federal laws. Contractor’s employees deemed noncompliant will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract.

4.3 Bonding:

A. For any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Task Order authorized by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

B. The Payment Bond and Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: PropertyCasualty.

C. Contractor shall deliver, concurrently with City’s approval of any Task Order over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Payment Bond and Performance Bond, a certified copy of the “Certificate of Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

4.4 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

3. Project work will be authorized on a Task Order basis. The City will request a scope of work and the Contractor will provide a proposal/quote that corresponds to the pricing detailed in the bid form. The City will authorize the work via a signed Task Order form and corresponding release purchase order.

4. The City will only pay for the items listed on the bid form, and permit and disposal fees.

This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project

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management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

4.5 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

4.6 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

4.7 Special Security Requirements:

1. Police Department:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor.

Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

2. Airport Secured Access to work areas:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport

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Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.

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26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel. Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site. All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

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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

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ATTACHMENT A

SIGNATURE AUTHORIZATION
INVITATION FOR BIDS (IFB 26-07)

ON-CALL PLUMBING REPAIR AND INSTALLATION SERVICES
*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: ___________________________________ C. 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.

D. 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.

E. Attach your required contractor’s license to Attachment A.

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ATTACHMENT B

NON-COLLUSION AFFIDAVIT
INVITATION FOR BIDS (IFB 26-07)

ON-CALL PLUMBING REPAIR AND INSTALLATION SERVICES
*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: ______________________

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ATTACHMENT C

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION INVITATION FOR BIDS (IFB 26-07)

ON-CALL PLUMBING REPAIR AND INSTALLATION SERVICES

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 7.09.040, 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) ________________

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ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 26-07)

ON-CALL PLUMBING REPAIR AND INSTALLATION SERVICES

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 two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

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

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

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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 two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

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.

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other _________________________
__________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ________________________
____________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other__________________________

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.

[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]
E.

[name of owner/investor]

[percentage of beneficial interest in entity
and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date

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City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

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ATTACHMENT E: REFERENCES
INVITATION FOR BIDS (IFB 26-07)

ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES
Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

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ATTACHMENT F
EXECUTIVE ORDER N-6-22 CERTIFICATION
INVITATION FOR BIDS (IFB 26-07)

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

Executive Order N-6-22 also requires that any 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:

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ATTACHMENT G

BID FORM
INVITATION FOR BIDS (IFB 26-07)

ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES
Responding to this IFB for on-call plumbing maintenance and installation services, 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.

ITEM DESCRIPTION UNIT ESTIMATED

QUANTITY UNIT PRICE SUBTOTAL
1 Foreman Regular Billing Rate
(7:00AM – 5:00PM) HR 2,000
2 Foreman Overtime Billing Rate
(5:00PM – 7:00AM) HR 80
3 Foreman Holiday Billing Rate
(Saturday/Sunday/Holidays) HR 80
4 Journeyman Plumber Regular
Billing Rate (7:00AM – 5:00PM) HR 3,000
5 Journeyman Plumber Overtime
Billing Rate (5:00PM – 7:00AM) HR 80
6 Journeyman Plumber Holiday
Billing Rate
(Saturday/Sunday/Holiday)
HR 80
7 Journeyman Pipefitter Regular
Billing Rate (7:00AM – 5:00PM) HR 500
8 Journeyman Pipefitter Overtime
Billing Rate (5:00PM – 7:00AM) HR 80
9 Journeyman Pipefitter Holiday
Billing Rate
(Saturday/Sunday/Holiday)
HR 80
10 Welder Regular Billing Rate
(7:00AM – 5:00PM) HR 500
11 Welder Overtime Billing Rate
(5:00PM – 7:00AM) HR 80
12 Welder Holiday Billing Rate
(Saturday/Sunday/Holiday) HR 80
13 Apprentice Regular Billing Rate
(7:00AM – 5:00PM) HR 500
14 Apprentice Overtime Billing Rate
(5:00PM – 7:00AM) HR 80
15 Apprentice Holiday Billing Rate
(Saturday/Sunday/Holiday) HR 80
16 Parts and Materials (Enter your
% mark-up for parts & materials)
(Example for 10% enter 1.10; for
% $250,000

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*NOTE: This bid form is to determine the lowest bidder and will be used to establish the contract unit prices. The contract will be set at the City budget amount.

The hours stated are for bid evaluation purposes only. The actual service hours provided will vary.

Firm Name:

DIR Number:

Signature of Authorized Person:

Printed Name:

Title:

Date:
20% enter 1.20; for 25% enter

1.25)
17 Equipment Rental (Enter your %
mark-up for equipment rentals)
(Example for 10% enter 1.10; for
20% enter 1.20; for 25% enter

1.25)
% $50,000
18 Subcontractor (Enter your %
mark-up for subcontractors)
(Example for 10% enter 1.10; for
20% enter 1.20; for 25% enter

1.25)
% $150,000
TOTAL (Enter this amount in PlanetBids)

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SECTION 6 – SAMPLE AGREEMENT

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SAMPLE BOILERPLATE AGREEMENT – EXHIBITS INTENTIONALLY INCOMPLETE CONTRACT SERVICES AGREEMENT ##-##

ON-CALL PLUMBING MAINTENANCE AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on _____________, 20__, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and _____________, a _____________, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide on-call plumbing maintenance and installation services, (“Project”).

B. Contractor has submitted to City a Bid to provide on-call plumbing maintenance and installation services, under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

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

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”).

Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.

Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION

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The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $______________.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director.

Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.

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The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of ___________ (weeks/months), commencing on _____________, 202__, and ending on _____________, 202__, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: ________ _____ (name), ________ _____ (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the

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same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:
(to be inserted) (to be inserted)

5.6 California Labor Code Requirements.

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

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

6. INSURANCE

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Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.

This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services.

The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

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

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

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

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10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 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 Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below.

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: (to be inserted)

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

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11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

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

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

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________________ Item No. ________________
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance

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EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)

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INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement. Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Invitation for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required

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to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

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

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

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

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

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

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

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

Executive Order N-6-22 also requires that any 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:

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EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows:

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
, a
corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of ________________________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount 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 Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

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PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the work or to the Specifications.

No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of __________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: 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:

N – Page 386 of 1230

N – Page 387 of 1230

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). 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)

N – Page 388 of 1230

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me, ,
Date Name, Title of Officer
personally appeared ,

NAME(S) OF SIGNER(S)
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 signatures(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 identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.
__________________________________
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above_____________________________________________________ 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.

N – Page 389 of 1230

EXHIBIT “E”
PERFORMANCE BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows:

PROJECT NAME
CITY PROJECT NO. XX-XX
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the "Contract"), which Contract is incorporated herein by this reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof, and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
,
a corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the sum of ______________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount 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 the bounden 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 said Contract and any alteration thereof made as therein provided, on his or its parts, 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 the one year guarantee of all materials and workmanship; and indemnify and save harmless the City, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the Public Work or to the Specifications.

No final settlement between the City and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

N – Page 390 of 1230

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)
Contractor and Surety agree that if the City is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay City's reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of ___________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Performance Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Performance Bond.) CONTRACTOR: SURETY:

By: By

signature signature
(NOTARIZED) (NOTARIZED)
Print Name and Title: Print Name and Title:

By:

signature
(NOTARIZED)
Print Name and Title:

By submitting this Performance Bond, the Contractor and Surety acknowledge the provisions of the Contract Documents with regard to Section 6-4 “Default by the Contractor”, as further amended by the Special Provisions.

N – Page 391 of 1230

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). 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)

N – Page 392 of 1230

PERFORMANCE BOND – PUBLIC WORKS
(CONTINUED)

ALL-PURPOSE ACKNOWLEDGMENT
State of
County of
On __ _ before me,
Date Name, Title of Officer
personally appeared ,

NAME(S) OF SIGNER(S)
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 signatures(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 identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.
__________________________________
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document.

THIS CERTIFICATE Title or Type of Document

MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:

Signer(s) Other Than Named Above
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.

N – Page 393 of 1230
(BB&K 2024) 23
EXHIBIT “B”

SCHEDULE OF COMPENSATION

N – Page 394 of 1230
(BB&K 2024) 24

N – Page 395 of 1230
(BB&K 2024) 25

N – Page 396 of 1230
(BB&K 2024) 26
EXHIBIT “C”

N – Page 397 of 1230

EXHIBIT “D”
PAYMENT BOND – PUBLIC WORKS

KNOW ALL MEN BY THESE PRESENTS,
WHEREAS, the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, as Obligee, (hereinafter referred to as the “City”), has awarded to the undersigned Contractor, (hereinafter referred to as the “Contractor”), an agreement for the work described as follows:

PROJECT NAME
(hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain Agreement (Construction Contract) for the said Public Work awarded to the Contractor and approved by the City for the Project hereinabove named, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 9550 of the California Civil Code.

NOW, THEREFORE, we, the undersigned Contractor, as Principal, and:
, a
corporation organized and existing under the laws of the State of ____________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City, and to any and all persons, companies, or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of ________________________________________________________ Dollars ($_________________), said sum being not less than 100 percent of the total amount payable by the City under the terms to the said Contract, for which amount 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 Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Sections 9550 through 9560 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies, and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

N – Page 398 of 1230

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 or to the work or to the Specifications.

No final settlement between the City and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety, an admitted surety insurer, further agree that if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

SIGNED AND SEALED, this ____ day of __________________, 20____.

CONTRACTOR:

Check one: ____ individual, ___ partnership, ___ corporation (This Payment Bond must be signed by representatives and/or officers having appropriate authority to bind the Contractor and Surety to the terms of the Payment Bond.) EXECUTED FOR THE CONTRACTOR: 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:

N – Page 399 of 1230

PAYMENT BOND – PUBLIC WORKS
(CONTINUED)
The rate of premium on this bond is $________ per thousand.

The total amount of premium charged: $__________
(The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). 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)

N – Page 400 of 1230