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HomeMy WebLinkAboutA9372 - Rood & AssociatesCity Clerk Form Updated 7/21/2021 CONTRACT ABSTRACT Contract prepared by: ____________________________________________________ Submitted on: __________________ By: __________________________________ Note: _________________________________________________________________ Contract Compliance Exhibits: Yes Signatures: Yes Insurance: Yes Bonds: Yes Contract Approvals Council/ Community Redevelopment Agency Approval Date: __________________________ Agenda Item No./ Resolution No.: _______________________________________________ Agreement No: _____________________________________________________________ Contract Administration Lead Department: ___________________________________________________________ Contract Administrator: _______________________________________________________ Contract Company Name: __________________________________________________________ Company Contact: _________________________________________________________ Summary of Services: ______________________________________________________ Contract Price: ____________________________________________________________ Funding Source: ___________________________________________________________ Contract Term: ____________________________________________________________ Munis Contract Number: _____________________________________________________ No NoNo No Neil Rood d.b.a. Rood & Associates Neil Rood Independent Fee Estimate for the Master Plan $8,000 4157020-40105 December 5, 2022 - January 16, 2023 Vendor No. 104105 Aviation Harry Barrett / Victoria Carpenter N/A N/A A9372 Nadia. P. Seery 12-20-22 Christina Brown 4 4 4 4 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 1 of 53 CONSULTING SERVICES AGREEMENT A9372 INDEPENDENT FEE ESTIMATE FOR PALM SPRINGS INTERNATIONAL AIRPORT MASTER PLAN WITH NEIL ROOD DBA ROOD & ASSOCIATES THIS AGREEMENT FOR CONSULTING SERVICES ( entered into on December 5, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation NEIL ROOD dba ROOD & ASSOCIATES, a sole proprietorship, . City and Consultant are individually referred t are collective RECITALS A.City requires the services of a consultant, for an independent fee estimate regarding the Palm Springs International Airport Master Plan proposal B.Consultant has submitted to City a proposal to provide an independent fee estimate for the Airport Master Plan, to City under the terms of this Agreement. C.Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D.City desires to retain the services of Consultant 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. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide an Independent Fee Estimate (IFE) for the final proposed scope of work for the project to City as described in the Scope of Services/Work attached to this Agreement and incorporated Services Work . Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant 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. Consultant shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 2 of 53 1.3 Licenses and Permits. Consultant 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, Consultant 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 The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in . Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth . The total amount of Compensation shall not exceed Eight Thousand Dollars ($8,000.00). 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant 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, finance director. Payments shall be based on the hourly rates set forth in Exhibit A for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consulta s invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work 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 Consultant 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. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 3 of 53 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 . 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 Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant 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 se s ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, judgment, such delay is justified. The s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4.4 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 six weeks, commencing on December 5, 2022, and ending on January 16, 2023, 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 Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Consultant's deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the City's corrective action. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 4 of 53 Consultant may not terminate this Agreement except for cause upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant . The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified Services and work: Neil E. Rood, Aviation Consultant. 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 Consultant and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Consultant 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"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its 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. 5.4 Independent Consultant. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the Services required, except as otherwise specified. Consultant shall perform all required Services as an independent Consultant of City and shall not be an employee of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role; however, City shall have the right to review Consultan s work product, result, and advice. Consultant 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. Consultant shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Consultant 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 ompensation insurance. Consultant shall not have any authority to bind City in any manner. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 5 of 53 5.5 Personnel. Consultant agrees to assign the following individuals to perform the Services in this Agreement. Consultant 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 Consultant by providing written notice to Consultant. Name: Title: Neil E. Rood Aviation Consultant Sole Proprietor 5.6 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certai Services are being performed as part of an app defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as par or total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant with all applicable registration and labor compliance requirements. 6. INSURANCE Consultant 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, Consultant shall defend (at Consultant se), indemnify, protect, and hold harmless City, its DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 6 of 53 elected officials, officers, employees, agents, and volunteers (collectively d all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (co Claims arising from injuries to or death of persons (Consultant included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant e of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant indemnification obligation or other liability under this Agreement. Consultant cation 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 Consultant mless arises out of Consultant performa that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant ication obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant s liability for such claim, including the cost to defend, shall not exceed the Consultant 8. RECORDS AND REPORTS 8.1 Reports. Consultant 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. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and 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 Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 7 of 53 of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultan 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 Consultant 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 non- defaulting 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 or approval of any subsequent act of Consultant. 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 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 8 of 53 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 consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. 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 Consultant, 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 Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition 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. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 9 of 53 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 airportinformation@palmspringsca.gov To Consultant: Rood & Associates Attention: Neil Rood 12818 W 84th Drive Arvada, CO 80005-5136 (303) 818-8560 nrood@q.com 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 by all Parties. 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 sors 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. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 10 of 53 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. 12. FEDERAL PROVISIONS Since funding for the Goods is provided, in whole or in part, by the Federal Aviation Administration, Supplier shall also fully and adequately comply with the provisions included in E ral Provisi respect to any conflict between such Federal Provisions and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 11 of 53 SIGNATURE PAGE TO CONSULTING SERVICES AGREEMENT A9372 BY AND BETWEEN THE CITY OF PALM SPRINGS AND NEIL ROOD dba ROOD & ASSOCIATES IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONTRACTOR: NEIL ROOD dba ROOD ASSOCIATES By: _______________________________________ Neil E. Rood Sole Proprietor Date: CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: N/A Item No. N/A APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk APPROVED: By: _______________________________ Date: Airport Executive Director DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B 12/21/2022 Revised 2.9.22 Page 12 of 53 CONSULTA SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Ms. Victoria A. Carpenter November 14, 2022 Airport Administration Manager Palm Springs International Airport (PSP) 3400 E. Tahquitz Canyon Way, Suite 1 Palm Springs, CA 92262 Subject: Palm Springs International Airport (PSP) Palm Springs, CA Comprehensive Airport Master Plan Independent Fee Estimate Proposal Dear Ms. Carpenter: Thank you for the opportunity to provide this proposal to prepare the Independent Fee Estimate (IFE) for the subject airport planning services. I have reviewed the Scope of Work prepared by your engineering consultant and propose a Lump Sum fee of $8,000 to prepare the estimate. This total fee is consistent with the level of effort involved in similar project estimates. If this proposal is acceptable please respond by email to nrood@q.com with a Notice to Proceed. I am prepared to start work immediately and submit the completed IFE within two (2) weeks of receipt of the Notice to Proceed. If you require additional supporting information, please feel free to call me at any time. Sincerely, Neil E. Rood, P.E. Aviation Consultant 12818 W. 84th Drive Arvada, Colorado 80005 Phone: 303.818.8560 Email: nrood@q.com Rood & Associates DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 13 of 53 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) DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 14 of 53 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from s performance under this Agreement. Consultant 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. Consultant 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 Consultant 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: A. 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; B. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; C. 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; D. mpensation insurance in the statutory amount as required by the ility Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the Cit nce Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consu 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 rance only, the insurer shall waive all rights of subrogation and DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 15 of 53 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 Consultant provides claims made professional liability insurance, Consultant 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 Consultant 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 s Services under this Agreement. Consultant shall also be required 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 VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant 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 nsurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and W nsation 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 City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language su impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 16 of 53 D. Both d 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 provide them. 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) Consultant 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. Consultant 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 liability. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 17 of 53 Exhibit D FEDERAL AVIATION ADMINISTRATION FEDERAL PROVISIONS Provision Reference Provision Description Page No. FAA - 01 Access to Records and Reports 18 FAA - 02 Affirmative Action Requirement * 19 FAA 03 Breach of Contract 20 FAA 04 Buy American Preferences * 21 FAA 05 Civil Rights General 22 FAA 06 Civil Rights Title VI Assurances * 23 FAA 07 Clean Air/Water Pollution Control 26 FAA 08 Contract Work Hours and Safety Standards 27 FAA 09 Copeland Anti-Kickback 28 FAA 10 Davis Bacon Requirements 29 FAA 11 Debarment and Suspension * 30 FAA 12 Disadvantaged Business Enterprise * 31 FAA 13 Distracted Driving 32 FAA 14 Energy Conservation Requirements 33 FAA 15 Drug Free Workplace (not applicable to Contr actors) 34 FAA 16 Equal Employment Opportunity 35 FAA 17 Federal Fair Labor Standards Act * 42 FAA 18 Lobbying Federal Employees 43 FAA 19 Prohibition of Segregated Facilities 44 FAA 20 Occupational Safety and Health Act 45 FAA - 21 Procurement of Recovered Materials 46 FAA 22 Rights to Inventions 47 FAA 23 Seismic Safety 48 FAA 24 Tax Delinquency and Felony Conviction 49 FAA 25 Termination of Contract 50 FAA 26 Trade Restriction (Foreign) * 51 FAA 27 53 *Solicitation Clause also DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 18 of 53 FAA - 01 Access to Records and Reports The Supplier must maintain an acceptable cost accounting system. The Supplier agrees to provide the City, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Supplier which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Supplier agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: 2 CFR § 200.333, 2 CFR § 200.336, FAA Order 5100.38 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 19 of 53 FAA - 02 Affirmative Action Requirement Not applicable. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 20 of 53 FAA 03 Breach of Contract See Section 4.5 of the Agreement. Reference: 2 CFR § 200 Appendix II(A) DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 21 of 53 FAA 04 Buy American Preferences The Buy American Preference requirement in 49 USC § 50101 requires that all steel and manufactured goods used on AIP projects be produced in the United States. Specific Buy American requirements will be outline in the solicitation documents. If no requirements are found in the solicitation this clause if void. Reference: Title 49 USC § 50101 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 22 of 53 FAA 05 Civil Rights General The Supplier agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Supplier and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Reference: 49 USC § 47123 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 23 of 53 FAA 06 Civil Rights Title VI Assurances Compliance with Nondiscrimination Requirements: During the performance of this contract, the Supplier, for itself, its assignees, and successors in interest (hereinafter ref Supplier 1. Compliance with Regulations: The Supplier (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Supplier, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Supplier will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Supplier for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Supplier of the Supplier er this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Supplier will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Supplier will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Supplier nce with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Supplier under the contract until the Supplier complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 24 of 53 6. Incorporation of Provisions: The Supplier will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Supplier will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Supplier becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Supplier may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Supplier may request the United States to enter into the litigation to protect the interests of the United States. A6.4.5 Title VI List of Pertinent Nondiscrimination Acts and Authorities Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Supplier, for itself, its assignees, and successors in interest (hereinafter referred to as the Supplier ollowing non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 25 of 53 §§ 12131 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). Reference: 49 USC § 47123, FAA Order 1400.11 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 26 of 53 FAA 07 Clean Air/Water Pollution Control If the Agreement exceeds $150,000, Supplier agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Supplier agrees to report any violation to the City immediately upon discovery. The City assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Supplier must include this requirement in all subcontracts that exceeds $150,000. Reference: 2 CFR § 200, Appendix II(G) DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 27 of 53 FAA 08 Contract Work Hours and Safety Standards Not applicable. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 28 of 53 FAA 09 Copeland Anti-Kickback Not applicable. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 29 of 53 FAA 10 Davis Bacon Requirements Not applicable. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 30 of 53 FAA 11 Debarment and Suspension A11.3.1 Bidder or Offeror Certification By submitting a bid/proposal under the solicitation for this contract, the Supplier must have certified that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction. A11.3.2 Lower Tier Contract Certification CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The Supplier, by administering each lower tier subcontract that transaction is not presently debarred or otherwise disqualified from participation in this federally assisted project. The Supplier will accomplish this by: 1. Checking the System for Award Management at website: http://www.sam.gov. 2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant. Reference: 2 CFR part 180 (Subpart C), 2 CFR part 1200, DOT Order 4200.5 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 31 of 53 FAA 12 Disadvantaged Business Enterprise Contract Assurance (§ 26.13) The Supplier or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Supplier shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Supplier to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the Supplier from future bidding as non-responsible. Prompt Payment (§26.29) The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than [10 days] days from the receipt of each payment the prime contractor receives from [the City]. The prime contractor agrees further to return retainage payments to each subcontractor within [30 days] days after the subcon satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the [City]. This clause applies to both DBE and non-DBE subcontractors. Reference: 49 CFR part 26 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 32 of 53 FAA 13 Distracted Driving TEXTING WHEN DRIVING In accordance wi Leadership on Reducing Text Messaging (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant. In support of this initiative, the City encourages the Supplier to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Supplier must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. Reference: Executive Order 13513, DOT Order 3902.10 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 33 of 53 FAA 14 Energy Conservation Requirements Supplier and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq). Reference: 2 CFR § 200, Appendix II(H) DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 34 of 53 FAA 15 Drug Free Workplace Requirements The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. The Act does not apply to contractors, subcontractors, or subgrantees, although the Federal grantees workplace may be where the contractors, subcontractors, or subgrantees are working. Reference: 49 CFR part 32, Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 35 of 53 FAA 16 Equal Employment Opportunity A16.3.1 EEO Contract Clause During the performance of this contract, the Supplier agrees as follows: (1) The Supplier will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Supplier will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be 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. The Supplier agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Supplier will, in all solicitations or advertisements for employees placed by or on behalf of the Supplier, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The Supplier will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or w of the Supplier under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Supplier will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Supplier will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Supplier this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Supplier may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The Supplier will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 36 of 53 unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Supplier will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Supplier may request the United States to enter into such litigation to protect the interests of the United States. A16.3.2 EEO Specification STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: ribed in the solicitation from which this contract resulted; fice of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; on n social security number used on the ax Return, U.S. Treasury Department Form 941; (1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Supplier, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Supplier is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 37 of 53 goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered co ake good faith efforts to achieve the Plan goals and timetables. 4. The Supplier shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Supplier should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Supplier is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Supplier has a collective bargaining agreement to refer either minorities or women shall excuse the Supplier tions under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Supplier during the training period and the Supplier shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Supplier shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Supplier d upon its effort to achieve maximum results from its actions. The Supplier shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Supplier Supplier, where possible, will assign two or more women to each construction project. The Supplier shall specifically ensure that all foremen, superintendents, and other onsite DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 38 of 53 supervisory personnel are aware of and carry out the Supplier ntain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Supplier or its unions have employment opportunities available, and maintain a record of onses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Supplier by the union or, if referred, not employed by the Supplier, this shall be documented in the file with the reason therefore along with whatever additional actions the Supplier may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Supplier has a collective bargaining agreement has not referred to the Supplier a minority person or female sent by the Supplier, or when the Supplier has other information that the union referral process has impeded the Supplier e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Supplier s, especially those programs funded or approved by the Department of Labor. The Supplier shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Supplier nd training programs and requesting their cooperation in assisting the Supplier in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the co ffirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Supplier licy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 39 of 53 notification to and discussing the Supplier EEO policy with other contractors and subcontractors with whom the Supplier does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Supplier tment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Supplier shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a cont orkforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Supplier under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at leas the Supplier rmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Supplier is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Supplier actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Supplier ty and female workforce participation, makes a good faith effort to meet its individual goals and DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 40 of 53 timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Supplier. The obligation to comply, however, is the Supplier and failure of such a group to fulfill an obligation shall not be a defense for the Supplier 9. A single goal for minorities and a separate single goal for women have been established. The Supplier, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Supplier has achieved its goals for women generally), the Supplier may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The Supplier shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Supplier shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Supplier shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Supplier, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Supplier fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8. 14. The Supplier shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 41 of 53 for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: 2 CFR 200, Appendix II(C), 41 CFR § 60-1.4, 41 CFR § 60-4.3, Executive Order 11246 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 42 of 53 FAA 17 Federal Fair Labor Standards Act The provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), are incorporated by reference with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The Supplier has full responsibility to monitor compliance to the referenced statute or regulation. The Supplier must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor Wage and Hour Division. Reference: 29 USC § 201, et seq DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 43 of 53 FAA 18 Lobbying and Influencing Federal Employees Consultants and contractors that apply or bid for an award of $100,000 or more must have certified that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or another award covered by 31 USC 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. For an award over $100,00, the bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- F ance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. Reference: 31 USC § 1352 Byrd Anti-Lobbying Amendment, 2 CFR part 200, Appendix II(J), 49 CFR part 20, Appendix A DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 44 of 53 FAA 19 Prohibition of Segregated Facilities Not applicable. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 45 of 53 FAA 20 Occupational Safety and Health Act All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to e with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor Occupational Safety and Health Administration. Reference: 29 CFR part 1910 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 46 of 53 FAA 21 Procurement of Recovered Materials Supplier and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Supplier and subcontractors are to use products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under 40 CFR Part 247 whenever: 1) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or 2) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year. The list of EPA-designated items is available at www.epa.gov/smm/comprehensive- procurement-guidelines-construction-products. Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is: a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule; b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price. Reference: 2 CFR § 200.322, 40 CFR part 247, Solid Waste Disposal Act DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 47 of 53 FAA 22 Rights to Inventions Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the City in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within 37 CFR §401.14. Supplier must include this requirement in all sub-tier contracts involving experimental, developmental, or research work. Reference: 2 CFR § 200, Appendix II(F), 37 CFR §401 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 48 of 53 FAA - 23 Seismic Safety Not applicable. DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 49 of 53 FAA 24 Tax Delinquency and Felony Conviction The Supplier must have certified under the procurement process that resulted in the award of this contract that: Supplier has not been convicted of a Federal felony within the last 24 months; or Supplier does not have any outstanding tax liability for which all judicial and administrative remedies have lapsed or been exhausted. Reference: Sections 415 and 416 of Title IV, Division L of the Consolidated Appropriations Act, 2014 (Pub. L. 113-76), and similar provisions in subsequent appropriations acts. DOT Order 4200.6 - Requirements for Procurement and Non-Procurement Regarding Tax Delinquency and Felony Convictions DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 50 of 53 FAA 25 Termination of Contract See Section 4.5 of the Agreement. Reference: 2 CFR § 200 Appendix II(B), FAA Advisory Circular 150/5370-10, Section 80-09 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 51 of 53 FAA 26 Foreign Trade Restriction TRADE RESTRICTION CERTIFICATION By accepting this contract the Supplier certifies the following statements are true 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001. The Supplier must provide immediate written notice to the City if the Supplier learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Supplier must require subcontractors provide immediate written notice to the Supplier if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Supplier agrees it will incorporate this provision for certification without modification in all lower tier subcontracts. The Supplier may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 52 of 53 against U.S. firms as published by USTR, unless the Supplier has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Supplier or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA. Reference: 49 USC § 50104, 49 CFR part 30 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Revised 2.9.22 Page 53 of 53 FAA In the employment of labor (excluding executive, administrative, and supervisory positions), the Supplier and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 USC 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Reference: 49 USC § 47112(c) DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B From:Suzanne Seymour To:Suzanne Seymour Subject:FW: PSP Airport requesting Independent Fee Estimate for 35-page master plan Date:Tuesday, December 13, 2022 12:17:37 PM Attachments:Rood Insurance Certificate 120822.pdf   From: Neil Rood <nrood@q.com>  Sent: Thursday, December 08, 2022 3:46 PM To: Airport Insurance <pspinsurance@palmspringsca.gov> Cc: Victoria Carpenter <Victoria.Carpenter@palmspringsca.gov> Subject: RE: PSP Airport requesting Independent Fee Estimate for 35-page master plan   NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.   Hi Suzanne, Attached is my revised Insurance Certificate. In regard to the Automobile Liability coverage, I will be providing the Independent Fee Estimate services from my office in Arvada, Colorado. Consequently, automobile liability will not be an issue. Please let me know if you have any additional questions. Thank you, Neil Rood, P.E. Rood & Associates Aviation Consulting Phone: (303) 818-8560 Email: nrood@q.com On Tue, 6 Dec, 2022 at 10:13 AM, Airport Insurance <pspinsurance@palmspringsca.gov> wrote:   To: nrood@q.com Cc: Victoria.Carpenter@palmspringsca.gov DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B Hello Neil, We received the insurance certificate for Rood & Associates, however, we still need the following:   General Liability: Please provide Additional Insured AND primary and non-contributory language.   Automobile Liability: Required coverage is $1,000,000 minimum combined single limit. Please provide Additional Insured AND primary and non-contributory language.   Additional Insured should read as follows: “The City of Palm Springs, it’s officials, employees and agents.”    We also need language stating: “Should any of the policies be cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the certificate holder named.” The City of Palm Springs does not require the additional separate endorsement pages. All endorsements can be stated on the COI. If you have any questions, please feel free to contact me. Thank you!   Suzanne M. Seymour Administrative Secretary Palm Springs International Airport3400 E. Tahquitz Canyon Way, Suite 1Palm Springs, CA 92262Phone: (760) 318-3804 / Fax: (760) 318-3815PSPinsurance@palmspringsca.gov     DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B 12/8/22 DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B DocuSign Envelope ID: 3C1455A3-78F8-4EFC-A9DE-C5D00DAC1C8B