Loading...
HomeMy WebLinkAbout25P240 - Accenture Infrastructure and Capital Projects, LLCCONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Professional Services Agreement Accenture Infrastructure and Capital Projects, LLC Tyson C. Atwood, P.E., Senior Vice President tyson.atwood@accenture.com Palm Springs Public Library Renovation, City Project 16-08 $1,255,067.60 July 9, 2025 - April 1, 2027 On file Tyson C. Atwood, tyson.atwood@accenture.com Engineering Services Joel Montalvo / Allen Janisch X8734 July 9, 2025, Item 1J 25P240 Yes Yes Yes Department N/A No Agreement and Insurance are attached. N/A 07/31/2025 Vonda Teed Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024)Page 1 of 17 PROFESSIONAL SERVICES AGREEMENT 25P240 PALM SPRINGS PUBLIC LIBRARY RENOVATION CITY PROJECT NO. 16-08 This Professional Services Agreement (“Agreement”) is entered into this 9th day of July, 2025 (“Effective Date”), by and between the City of Palm Springs, a California charter city and municipal corporation, (“City”) and Accenture Infrastructure and Capital Projects, LLC, a California Limited Liability Company, (“Consultant”). City and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties.” RECITALS A. City requires the services of a professional construction management firm for Palm Springs Public Library Renovation, City Project No. 16-08 (“Project”). B. Consultant has submitted to City a proposal to provide construction management and special inspection services, to City under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”). The City’s Request for Proposals and the Consultant’s Proposal are incorporated herein by this reference and are made a part of this Agreement. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant’s Proposal shall be binding on the Parties. Should any conflict or Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 2 of 17 inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal. 1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits, Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant: (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 2. COMPENSATION 2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Consultant shall be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of One Million, Two Hundred Fifty-Five Thousand, Sixty-Seven Dollars and Sixty Cents ($1,255,067.60) ("Maximum Contract Amount"), except as may be provided under Section 2.3. The method of compensation shall be as set forth in Exhibit “B.” Compensation for necessary expenditures must be approved in advance by the Contract Officer designated under Section 4.2. The Maximum Contract Amount shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. 2.2. Method of Payment. Unless another method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10th) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 3 of 17 performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by City, the Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant’s profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City. 3. SCHEDULE OF PERFORMANCE 3.1 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement shall continue in full force and effect, commencing on July 9, 2025 and ending on April 1, 2027, unless extended by mutual written agreement of the Parties. 3.2 Termination Prior to Expiration of Term. The City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 3.3 Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.4 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 4 of 17 governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Tyson Atwood, PE, QSD, Principal in Charge. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 5 of 17 Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and 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 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 6 of 17 Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a “claims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 7 of 17 either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers’ Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self- insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 8 of 17 A. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. F. Consultant agrees to ensure that subConsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 9 of 17 I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement). 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). Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 10 of 17 C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant’s obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to, Claims arising from injuries to or death of persons (Consultant’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant’s indemnification obligation or other liability under this Agreement. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 11 of 17 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant’s performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 12 of 17 generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Section 3.2. B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.3(A), take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement. 8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 13 of 17 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. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non- judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 14 of 17 hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 15 of 17 To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Telephone: (760) 323-8204 To Consultant: Accenture Infrastructure and Capital Projects, LLC Attention: Tyson Atwood, PE, Senior Vice President 73710 Fred Waring Dr., Suite 102 Palm Desert, CA 92260 Telephone: (805) 459-7697 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. Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 16 of 17 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] Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 55575.18100\42907009.1 BB&K (2024) Page 17 of 17 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. CONSULTANT: By: ______________________________ Signature Date: __ CITY OF PALM SPRINGS: APPROVED BY CITY COUNCIL: Date: 07/09/2025 Item No. 1J 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 Tyson Atwood, Sr. Vice President 07/21/2025 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 8/1/2025 EXHIBIT “A” SCOPE OF SERVICES Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B The City relies on the professionalism and competence of the construction management and special inspection firm to be knowledgeable of the general areas identified in the scope of work. Responsibilities may include, but are not limited to, the following: Pre-Construction Phase Services: 1. Review in full and understand the Project plans and specifications before work starts. 2. Review the master Project schedule provided by the Contractor, assess, and bring to light any issues with critical paths with material, milestones, and needed coordination with any other agencies/stakeholders. 3. Coordinate and lead pre-construction meetings with the contractor, City staff, and relevant stakeholders. Prepare meeting agendas and minutes. 4. Assist the City in review with the Contractor’s public outreach materials (in dual language, English/Spanish) and a neighborhood affairs strategy to advise affected property owners, businesses, and the general public, regarding the Project. Develop and provide website and toll free phone number for public inquiries and complaints and assign a neighborhood liaison to track complaints. Construction Management Services: 1. Provide and maintain sufficient field personnel to administer and manage the contract. 2. Review construction schedule, including activity sequences and duration, schedule of submittals and delivery schedule of long lead materials and equipment. Review contractor’s update and revisions as may be required to reflect true progress of work. 3. Schedule and conduct weekly progress meetings to discuss contract issues, procedures, progress, problems, change orders, submittals, request for information (RFIs), deficiencies and schedules. Prepare minutes of progress meetings for distribution to all attendees. 4. Process contractor’s submittals for Project architect’s/design consultant’s review and approval. 5. Process and track RFIs, submittals, shop drawings, proposed change orders and revisions. 6. Review and evaluate proposed change orders. Review estimates for reasonableness and cost effectiveness and render recommendations to City. 7. Maintain cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M). 8. Develop a reasonable cost control system, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. Identify variances between actual and estimated costs and report such variances to City at regular intervals. Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 9. Assist City in coordinating services of other consultants (geotechnical, NPDES, materials testing, deputy inspection, special laboratory testing, etc.) that may be hired or selected for the Project. 10. Coordinate with Project architect/design consultant contractor’s requests for interpretation or clarification of meaning and intent of project plans and specifications. 11. Establish and implement job safety procedures in compliance with CAL- OSHA requirements. Monitor contractor’s compliance with established safety program, respond to deficiencies and hazards, and investigate and report on accidents. 12. Track quantities of work completed for progress payment. Develop and implement procedures for review and processing of progress payment applications. Assist City with review and certification for payment. 13. Establish procedures and monitor contractor compliance with state prevailing wage regulations and requirements. 14. Perform quality assurance reviews on a regular basis and recommend changes, as necessary. 15. Comply with state grant funding requirements. 16. Prepare state grant funding reimbursements as needed. Inspection Services: 1. Perform daily field inspections of contractor’s work for compliance with plans, specifications, and regulations. 2. Coordinate all required inspections. Review and verify inspection reports and testing results for compliance. Coordinate resolution of discrepancies. Coordinate with the City Building & Safety Department for inspections. 3. Review traffic control plans and ensure compliance with MUTCD and City standards. 4. Maintain daily inspection reports, including contractor activities, materials used, labor, equipment, and weather conditions. 5. Conduct field employee interviews to ensure compliance with labor laws and prevailing wages. 6. Provide accurate quantity tracking and progress measurements for payment applications. 7. Identify and address deficiencies or non-compliant work with contractors. 8. Verify materials for compliance with approved submittals and specifications. 9. Monitor adherence to stormwater pollution prevention plans (SWPPP). 10. Ensure compliance with soil compaction and materials testing requirements, coordinating with City’s Acceptance Testing (AT) and Independent Assurance Program (IAP). Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 11. Monitor contractor utility coordination to avoid conflicts and potential relocation delays. 12. Attend weekly progress meetings and prepare contractor workday reports. 13. Conduct final project walkthroughs, develop punch lists, and monitor completion of corrective actions. Post-Construction & Closeout Services: 1. Evaluate completion of work and recommend to City when work is ready for final inspection. 2. Provide record drawings. Coordinate with the contractor and designer to incorporate all redlines into a final plan set. 3. Conduct final inspection/walk through with City staff, maintenance/service personnel and project architect/design consultant. 4. Issue preliminary and final punch list, including schedule for punch list completion. Monitor and follow through with contractor until completion of all punch list items. 5. Secure and transmit required guarantees, certifications, affidavits, leases, easement deeds, operating & maintenance manuals, warranties and other documents as stipulated in contract documents. 6. Review and process contractor’s request for final payment and release of retention. 7. Deliver project files to City. Additional Responsibilities: 1. Registration with DIR, compliance with and payment of wages per most current DIR wage determinations, weekly electronic filing of certified payroll reports with DIR and the City and signed copy of certified payroll to the City are expressed requirements of this Proposal and the resulting Purchase Order/Contract with the successful proposing firm. 2. Work with The Solis Group, who will be managing the CWA/PLA component of this Project. Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B EXHIBIT “B” SCHEDULE OF COMPENSATION Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B 16-08Holder Identifier : 7777777707070700077761616045571110766716117215557207442027772507300073741577156221030736055553067450207173011772321553074737621621326600745773607446663407700411752674130076727242035772000777777707000707007 7777777707070700073525677115456000722000517126102107122336252173100070322373421731110702222725206311107123227353172010070232262430731100712233724306311007022237353073010077756163351765540777777707000707007Certificate No : 570114420812 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/14/2025 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 16535Zurich American Ins CoINSURER A: 40142American Zurich Ins CoINSURER B: 35300Allianz Global Risks US Insurance Co.INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Accenture Infrastructure and Capital Projects LLC 1255 Treat Blvd #250 Walnut Creek CA 94597 USA COVERAGES CERTIFICATE NUMBER:570114420812 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $1,000,000 $300,000 $10,000 $1,000,000 $2,000,000 $4,000,000 A 11/15/2024 11/15/2025GLO937619221 PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $1,000,000A11/15/2024 11/15/2025 COMBINED SINGLE LIMIT (Ea accident)BAP 9376191 21 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $1,000,000 X OTH-ERPER STATUTEB01/01/2025 01/01/2026 WC - AOS WC929926324A 01/01/2025 01/01/2026 $1,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / AN WC - MA, NM, WI WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $1,000,000 WC929926224 EachClaim/AggregateUSZ00001725006/01/2025 06/01/2026 Claims-Made E&O - Professional Liability - Primary C SIR applies per policy terms & conditions $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Palm Springs Public Library Renovation, City Project No. 16-08. The City of Palm Springs, its officials, employees and agents are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability policy evidenced herein is Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of City of Palm Springs, its elected officials, officers, employees, agents and volunteers in accordance with the policy provisions of the Workers' Compensation policy. Should General Liability and Automobile Liability policies be cancelled before the expiration date thereof, the policy provisions of each policy will govern how notice of cancellation may be delivered to certificate CANCELLATION - 30 DAY CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVECity of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B holders in accordance with the policy provisions of each policy. FORM TITLE:FORM NUMBER: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER Aon Risk Services Central, Inc. NAMED INSUREDAGENCY LOC #: 570000009368 AGENCY CUSTOMER ID: © 2008 ACORD CORPORATION. All rights reserved. See Certificate Number: See Certificate Number: The ACORD name and logo are registered marks of ACORD 570114420812 570114420812 ACORD 25 Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: ACORD 101 (2008/01) ADDITIONAL REMARKS SCHEDULE Page _ of _ Accenture Infrastructure Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement No. Premium $ INCL. Policy No. WC 9299262-24Endorsement Effective 01-01-25 Insured ACCENTURE LLP Insurance Company AMERICAN ZURICH INSURANCE COMPANY Countersigned By WC 00 03 13 (Ed. 4-84)  1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT, OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B CITY COUNCIL STAFF REPORT DATE: JULY 9, 2025 CONSENT CALENDAR SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO SWINERTON BUILDERS IN THE AMOUNT OF $29,739,439; APPROVAL OF A PURCHASE ORDER WITH ACCENTURE INFRASTRUCTURE AND CAPITAL PROJECTS LLC, IN AN AMOUNT OF $1,255,067.60 FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES; AND APPROVAL OF A TASK ORDER UNDER ON-CALL AGREEMENT NO. 23P041 WITH TSG ENTERPRISES, INC., DBA THE SOLIS GROUP, IN AN AMOUNT NOT TO EXCEED $74,000 TO PROVIDE COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION FOR PALM SPRINGS LIBRARY RENOVATION, CITY PROJECT 16-08 FROM: Scott C. Stiles, City Manager BY: Engineering Services SUMMARY: Award of this contract and approval of the purchase order and task order will allow the City to proceed with the Palm Springs Library Renovation Project. RECOMMENDATION: 1) Award a construction contract to Swinerton Builders in the amount of $29,739,439 for the Palm Springs Library Renovation, City Project No. 16-08 (“the Project”); 2) Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $5,947,888 (20%) with all change orders reported to the City Council; 3) Authorize the City Manager to approve a purchase order for project management and inspection services with Accenture Infrastructure and Capital Projects LLC, in an amount of $1,255,067.60; 4) Authorize the City Manager to approve a task order for Community Workforce Agreement administration services from an on-call CWA firm, TSG Enterprises, Inc., dba The Solis Group, in an amount not to exceed $74,000; and 5) Authorize the City Manager or his designee to execute all necessary documents. Item 1J - Page 1 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B City Council Staff Report July 9, 2025 -- Page 2 Authorize RFB for City Project 16-08 BUSINESS PRINCIPAL DISCLOSURE: The Public Integrity Disclosure forms for Swinerton Builders, Accenture Infrastructure and Capital Projects LLC, and The Solis Group (TSG) are included as Attachment A. BACKGROUND: On September 14, 2023, City Council approved Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. for Phase 1 architectural and design services for an amount not to exceed $1,838,898. Based on the Agreement, Group 4 Architecture, Research + Planning, Inc. was to provide architectural design services for the grant-funded portion of the Main Library and work on the JC Frey Building, and programming and estimating for all the non-grant funded work. On January 9, 2025, the City Council approved additional funds for the Sunrise Median Island design. During design development, additional parking was incorporated into the Library Project. As the parking lot design developed, it became apparent that a secondary entrance/exit was required for proper circulation. An entrance/exit onto Sunrise Way was proposed and incorporated into the design. However, Sunrise Way is a major thoroughfare with a high volume of traffic. Vehicles exiting onto Sunrise Way will only be allowed to make a right turn out of the parking lot. The City’s development standards require the construction of a full median island on Sunrise Way. On April 23, 2025, City Council approved the plans, specifications and estimate and authorized Staff to advertise and solicit bids for the Palm Springs Public Library Renovation Project, City Project 16-08 (“the Project”). STAFF ANALYSIS: On April 29, 2025, Staff advertised the Project to industry plan rooms, the Desert Sun, and through the City’s online procurement program PlanetBidsTM to allow the submissions of bids electronically. On June 6, 2025, the Engineering Services Department received two (2) bids from the following contractors: Company Location Bid Amount Swinerton Builders Santa Ana, CA $29,739,439.00 Woodcliff Corporation Los Angeles, CA $34,390,000.00 Note: The engineer’s estimate for the Project was $37,800,000 to $45,800,000 Bid Protest The Palm Springs Municipal Code (PSMC) provides bidders an opportunity to protest the City’s consideration of award to the apparent low bidder, by filing a written protest within seven (7) calendar days of opening bids. The purpose of the bid protest procedures in this section is to protect the public interest. The bid protest procedures are not intended Item 1J - Page 2 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B City Council Staff Report July 9, 2025 -- Page 3 Authorize RFB for City Project 16-08 to give losing Bidders an opportunity to evaluate the Bid of the lowest Responsible Bidder submitting a Responsive Bid and have the award of Contract overturned to secure the award of the Contract for itself. On June 12, 2025, Woodcliff Corporation submitted a bid protest letter against Swinerton Builders. The City Attorney reviewed Woodcliff Corporation’s bid protest and subsequent response from Swinerton Builders and assisted City Engineering in determining the Bid Protest was meritless and award of the contract to the lowest responsible bidder was recommended. A copy of the Bid Protest is included as Attachment B. Project Labor Agreement (PLA) This Project is subject to the City’s Community Workforce Agreement dated August 31, 2021, which is on file with the City. The Contractor and all Subcontractors of any tier are to include contractual provisions in all contracts they enter for the performance of the work requiring the Contractor and all Subcontractors to comply with the provisions of the PLA prior to the commencement of work and at no additional cost. Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose workforce resides within the Coachella Valley. Swinerton Builders is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses. Bid Analysis Staff reviewed all bid documents submitted by the apparent low bidder and determined that Swinerton Builders complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that City Council approve the bid submitted by Swinerton Builders. The copy of the draft agreement is included as Attachment C. Request for Proposals for Construction Management Services Staff issued a Request for Proposals (RFP) for Construction Management (CM) and Inspection services to CM firms. The requested RFP was written to ensure the selected firm demonstrated successful experience and capacity to provide construction management with inspection services to municipal government agencies on Library Construction projects. On April 29, 2025, the RFP was published and made available to CM firms through Item 1J - Page 3 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B City Council Staff Report July 9, 2025 -- Page 4 Authorize RFB for City Project 16-08 PlanetBidsTM. On the day of opening, the City received three proposals. A review panel evaluated the proposals and shortlisted the top two firms to conduct interviews. Staff conducted interviews and selected Accenture Infrastructure and Capital Projects LLC as the most qualified firm for the project. Staff recommends that the City Council approve a purchase order with Accenture Infrastructure and Capital Projects LLC, in the amount of $1,255,067.60. It is important to note that staff incorporated and ranked the proposed budget during proposal evaluation. Company Location Budget Accenture Infrastructure & Capital Projects LLC Irvine, CA $1,255,067.60 Dudek Encinitas, CA $994,000.00 TKE Engineering Riverside, CA $1,956,640.00 Request for Proposal for Community Workforce Agreement Administration Staff requested a proposal from our on-call Community Workforce Administration Services firm, TSG Enterprises, Inc., The Solis Group (“TSG”). Staff recommends the City Council approve a task order under On-Call Agreement 23P041 with TSG, not to exceed $74,000.00. ENVIRONMENTAL ASSESSMENTS: 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 Palm Springs Library Renovation Project, City Project No. 16-08, is considered categorically exempt from CEQA, and a Notice of Exemption will be prepared and filed with the Riverside County Clerk prior to initiation of any construction. ALIGNMENT WITH STRATEGIC PLANNING: This item aligns with the City Council’s Broad Goal of Infrastructure and Facilities. FISCAL IMPACT: The Project will be funded using bond financing and $15,270,884 funds authorized by the City Council, which include: • Building Forward, Library Infrastructure Grant funds of $6,569,942 from California State Library • City of Palm Springs matching funds of $8,700,942 authorized and included in the 5-year Capital Improvement Project budget Fund 260, Measure J. Item 1J - Page 4 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B City Council Staff Report July 9, 2025 -- Page 5 Authorize RFB for City Project 16-08 REVIEWED BY: City Engineer: Joel Montalvo Library Department Director: Jeannie Kays Director of Finance & Treasurer: Kristopher J. Mooney Deputy City Manager: Flinn Fagg Assistant City Manager: Teresa Gallavan City Manager: Scott Stiles ATTACHMENTS: A. Public Integrity Disclosures B. Bid Protest and Determination C. Agreement Item 1J - Page 5 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Attachment A Item 1J - Page 6 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 7 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 8 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 9 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 10 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 11 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 12 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 13 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 14 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Attachment B Item 1J - Page 15 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B WOODCLIFF CORPORATION GENERAL CONTRACTORS 11835 W Olympic Blvd 825E Los Angeles, CA 90064 TEL (310) 312-1400 FAX (310) 312-1403 11835 W OLYMPIC BLVD., SUITE 825, LOS ANGELES, CA 90064 LIC. NO. 719883 TEL (310) 312-1400 EQUAL OPPORTUNITY EMPLOYER FAX (310) 312-1403 COPY BY CERTIFIED MAIL June 12, 2025 Joel Montalvo, City Engineer [Joel.Montalvo@palmspringsca.gov] Engineering Services Department City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: Palm Springs Public Library Renovation (City Project 16-08) Bid Protest by Woodcliff Corporation Dear Mr. Montalvo: Pursuant to INSTRUCTIONS TO BIDDERS, Bid Protests, please consider this letter from Woodcliff Corporation to protest the award of the reference contract to Swinerton Builders. I. The bid submitted by SWINERTON BUILDERS was non-responsive to the invitation to bids as demonstrated by the following: Swinerton Builders failed to list a Library Stack System subcontractor. Library Stack System cost is greater than ½ of 1% of the total bid. By not listing a subcontractor, Swinerton Builders intends to perform the work using its own forces. However, specification section 11 5123 1.7 requires that the Library stack system contractor be authorized by the manufacturer, have a minimum five years successful experience in installation of shelving systems, and able to document experience of 3 such projects by listing project locations, their construction costs, and names and addresses of their Owners, Owner’s representatives, or Contractors who will attest to supplier/installer’s record of cooperation with the Architect and Contractor. Should this requirement not be met by Swinerton Builders, then their bid should be considered non-responsive. Should Swinerton Builders decide to subcontract this work to an authorized subcontractor after the bid, their failure to list at bid time renders their bid non-responsive as well as it affords them an unfair advantage of bid shopping. Item 1J - Page 16 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B WOODCLIFF CORPORATION GENERAL CONTRACTORS 11835 W Olympic Blvd 825E Los Angeles, CA 90064 TEL (310) 312-1400 FAX (310) 312-1403 11835 W OLYMPIC BLVD., SUITE 825, LOS ANGELES, CA 90064 LIC. NO. 719883 TEL (310) 312-1400 EQUAL OPPORTUNITY EMPLOYER FAX (310) 312-1403 Bid shopping is the use of the low bid already received by the general contractor to pressure other subcontractors into submitting even lower bids. Bid peddling ... is an attempt by a subcontractor to undercut known bids already submitted to the general contractor in order to procure the job." (Citations omitted.) These practices often result in financial difficulties for subcontractors and poor workmanship...." (Citations omitted.) E.F. Brady Company, Inc. v. M.H. Golden Company (1997) 58 Cal.App.4th 182, 189-190. History demonstrates that government procurement activities are highly susceptible to corruption and waste. Procurement has repeatedly been the source of personal aggrandizement by government officials and favoritism to their buddies – all at the expense of taxpayers and other bidders. The remedy for this corruption and waste has been tight regulation of the public entity procurement process. The purposes of that regulation were reiterated in Domar Electric, Inc. v. City of Los Angeles (1994) 9 C4th 161, 173: [T]he purposes of competitive bidding … are “to guard against favoritism, improvidence, extravagance, fraud and corruption; to prevent the waste of public funds; and to obtain the best economic result for the public” [citations] and to stimulate advantageous market place competition [citation]. See also Pub. Cont. Code § 100. Domar also reiterated, at 9 C4th 175- 76: [T]he general rule that bidding requirements must be strictly adhered to in order to avoid the potential for abuse in the competitive bidding process. (Konica Business Machines U.S.A. v. Regents of University of California (1988) 206 CA3d 449, 456, 253 CR 591 [strict adherence with bidding requirements is applied “[even where] it is certain there was in fact no corruption or adverse effect upon the bidding process, and even where deviations would save the [public] entity money”].) (emphasis added) Item 1J - Page 17 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Item 1J - Page 18Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B City of Palm Springs Engineering Services Department 3200 East Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8253 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov June 25, 2025 VIA CERTIFIED MAIL AND E-MAIL Mr. Mohamad Tabrizi, President Woodcliff Corporation 11835 W Olympic Blvd 825E Los Angeles, CA 90064 SUBJECT: City of Palm Springs Palm Springs Public Library Renovation (City Project 16-08) Notice of Intent to Reject Bid Protest Dear Mr. Tabrizi: The City of Palm Springs (“City”) is in receipt of your bid protest letter dated June 12, 2025 (“Bid Protest”), on behalf of Woodcliff Corporation (“Woodcliff”), with regards to the above captioned project (“Project”). The City is also in receipt of Swinerton Builders’ (“Swinerton”) response to the Bid Protest dated June 19, 2025 (“Bid Protest Response”). Based on our review of Swinerton’s bid, the Bid Protest, and the Bid Protest Response, the City has determined that the Bid Protest is meritless as it pertains to the bid submitted by the lowest responsible bidder submitting a responsive bid on the Project – Swinerton. As a threshold matter, a bid must conform to the material terms of the bid package. (DeSilva Gates Constr. v. Department of Transp. (2015) 242 Cal.App.4th 1409; Menefee v. County of Fresno (1985) 163 Cal.App.3d 1175.) A bid is responsive if it promises to do what the bidding instructions demand. (Williams v. Clovis Unified Sch. Dist. (2007) 146 Cal.App.4th 757; Valley Crest Landscape Inc. v. City of Davis (1996) 41 Cal.App.4th 1432, 1438.) Responsiveness should be determined from the face of the bid. (Great W. Contractors, Inc. v. Irvine Unified Sch. Dist. (2010) 187 Cal.App.4th 1425, 1454.) However, a bid may be responsive even if there is a discrepancy in the bid, as long as the discrepancy is inconsequential, that is, the discrepancy must not affect the amount of the bid or give a bidder an advantage over others. (Ghilotti Constr. Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 904; Bay Cities Paving & Grading, Inc. v. San Leandro (2014) 223 Cal.App.4th 1181, 1188.) A deviation must be capable of facilitating corruption or extravagance, or likely to affect the amount of bids or the response of potential bidders. These considerations must be evaluated from a practical rather than hypothetical standpoint, with reference to the factual circumstances of the case. (Ghilotti Constr. Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 908-09, internal citations omitted.) That being said, the City has no authority Item 1J - Page 19 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B to waive material, as opposed to inconsequential, irregularities in a bidder’s bid. (See Valley Crest Landscape, Inc. v. City of Davis (1996) 41 Cal.App.4th 1432, 1443.) With the foregoing in mind and in reviewing the bid submitted by Swinerton, it is clear the errors alleged in the bid are not errors at all and certainly do not amount to material mistakes requiring the City to reject the bid as nonresponsive. The Bid Protest asserts Swinerton’s bid is nonresponsive due to (1) Swinerton’s alleged failure to list a subcontractor for the Library Stack Systems work and (2) alleged noncompliance with the installer qualifications set forth in Specification Section 11 5123. A review of the basis for the Protest shows that it is without substantive merit. No Requirement to Submit Installer Qualifications at Bid Time Woodcliff’s protest is partially premised on a misunderstanding of the bid specifications. The Invitation for Bids (IFB) clearly distinguishes between documents required at the time of bid submission and those required post-award. Specifically, the “Required Documents for Bidding” section of the IFB enumerates the list of documents that must be submitted with the bid. Installer qualifications are not among them. The IFB further emphasizes that “Only the following listed documents shall be fully executed and submitted with the Bid,” and failure to submit any such document “will render a Bid non-responsive.” (IFB, Required Documents for Bidding, at 2.) Installer qualifications, including those cited in Section 1.7.B of Specification 11 5123 (Library Stack Systems), are post-award quality assurance requirements, not bid responsiveness requirements. The relevant provisions confirm this. Under Specification 01 3300 – Submittal Procedures (§ 2.2.C) “Qualification Data” is an informational submittal due after contract award. Under Specification 01 4000 – Quality Requirements (§ 1.6.B, 1.8.B) Contractor is to provide “Qualification Data” and demonstrate compliance with “Installer Qualifications” as part of the post-award submittal process. Finally, Specification 11 5123 – Library Stack Systems (§ 1.7.B): The installer qualifications Woodcliff cites fall within these post-award “Quality Assurance” requirements. Accordingly, Swinerton’s bid cannot be deemed non-responsive for failing to provide documentation not required at the bid stage. Failure to List a Subcontractor for the Library Stack System is Not a Material Bid Error Woodcliff also claims that Swinerton’s failure to list a subcontractor for the Library Stack System work renders Swinerton’s bid nonresponsive. However, failure to list a subcontractor for the Library Stack System work does not render Swinerton’s bid nonresponsive or give them an unfair competitive advantage. Pursuant to Public Contract Code section 4104, a bidder is required to list all subcontractors who will perform any work in excess of one-half of 1% of its bid amount. If a subcontractor is not listed in the bid for a specific construction trade in excess of one-half of 1% of the bid amount, the Public Contract Code requires the bidder to self-perform the work. (Pub. Cont. Code, § 4106.) In this case, Swinerton’s failure to list a subcontractor for the Library Stack System work does not violate the bid specifications or the Act. Swinerton’s failure to list a subcontractor for Library Stack System installation work only means that Swinerton is legally (and Item 1J - Page 20 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B contractually) obligated to self-perform all such work unless the work is not in excess of one-half of 1% of the bid amount. In Swinerton’s Bid Protest Response, Swinerton states that it intends to self-perform the Library Stack System installation work. Swinerton also makes clear that it values the Library Stack System installation at less than 0.5% of its base bid, meaning the work falls below the statutory limit required to list a subcontractor for the work. It follows that the City has no basis to find that Swinerton failed to comply with the bid specifications or the Act. In a similar vein, Swinerton did not gain an unfair competitive advantage by not listing a subcontractor for the Library Stack System installation work. As discussed herein, pursuant to Public Contract Code section 4106, failing to list a subcontractor for certain work merely means that Swinerton either agrees to perform that work themselves or the work is not in excess of one- half of 1% of the bid amount. Therefore, no competitive advantage was conferred onto Swinerton based on not listing a subcontractor for the Library Stack System installation work. Based on the foregoing, the City is under no obligation to reject Swinerton’s bid as nonresponsive for failure to list a subcontractor for the Library Stack System work. We note the clear policy and purpose associated with the review of bids and bid protests as dictated by the court in Ghilloti, supra: They must also be viewed in light of the public interest, rather than the private interest of a disappointed bidder. ‘It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal or license application of the low bidder after the fact, [and] cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.’ (Judson Pacific–Murphy Corp. v. Durkee (1956) 144 Cal.App.2d 377,383, 301 P.2d 97.) (Ghilotti, supra 45 Cal.App.4th at 908-09.) Consistent with this policy, the City finds the Bid Protest meritless and rejects it in its entirety. It is the City’s intention to recommend to the City Council that it reject the Bid Protest as meritless and award of the contract to the lowest responsible bidder submitting a responsive bid, Swinerton. Woodcliff may appeal this decision in the manner set forth in the bid documents. Sincerely, Joel Montalvo, MPA, PE City Engineer City of Palm Springs cc: Item 1J - Page 21 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B Attachment C Item 1J - Page 22 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 2 of 9 AGREEMENT ____ (CONSTRUCTION CONTRACT) THIS AGREEMENT made this __ day of , 2025, 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 Swinerton Builders, a California corporation, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 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: PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 The Palm Springs library renovation project will renew the existing historically significant ~35,470 sf main library building (located at 300 s. Sunrise way) and the existing ~3,057 sf J.C. Frey building (located at 1911 E. Baristo Road). The project consists of a core essential infrastructure upgrade, including exterior, interior renovation and repairs, all new mechanicals and systems, new glazing for both buildings, a sprinkler system and seismic retrofit for the Main Library building. This scope of the project is funded by the state of California’s Building Forward grant with local matching funds from the city of Palm Springs’ Measure J program. Additional scope approved by the city council includes new interior layouts, updated finishes, fixtures, and equipment, additional parking to the south of the library, new landscape design and site improvements. To help control traffic flow into and out of the new parking lot entrance, an extension of the existing street median will be added on S. Sunrise Way between Ramon Road and E. Baristo Road. This includes a left turn lane for northbound traffic into the apartments on the west side of S. Sunrise Way. The median includes landscape, new irrigation tied into the existing irrigation system, and lighting for new street trees. Said Work shall be diligently prosecuted to completion before the expiration of: 350 WORKING DAYS from the date specified in the Notice to Proceed issued by the City. ARTICLE 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 the time specified in the Item 1J - Page 23 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 3 of 9 Notice to Proceed. 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, expenses, 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. ARTICLE 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 Twenty-Nine Million, Seven Hundred Thirty-Nine Thousand, Four Hundred Thirty- Nine Dollars, ($29,739,439.00). 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. ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non-Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers __ to __, inclusive, and all Construction Contract Item 1J - Page 24 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 4 of 9 Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 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. ARTICLE 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. ARTICLE 7 -- NOTICES All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 8 -- INDEMNIFICATION Contractor shall provide indemnification and defense as set forth in Section 5-8 “Indemnification,” of the Special Provisions. ARTICLE 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. ARTICLE 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, Item 1J - Page 25 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 5 of 9 any third party any money or other consideration in exchange for obtaining this Agreement. ARTICLE 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. ARTICLE 12 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or 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. ARTICLE 13 -- COMPLIANCE WITH ECONOMIC SANCTIONS When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Contractor shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Contractor shall also certify compliance with N-6-22 by completing the form located in Exhibit “A” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Contractor shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant Item 1J - Page 26 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 6 of 9 to this Section. ARTICLE 14 – PROJECT LABOR AGREEMENT The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work. Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as Exhibit “B” and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first. • 14.1 Subcontractors – Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost. • 14.2 Condition of Payment – Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement. • 14.3 Reformation – Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction. • 14.4 Conflicts – In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control. • 14.5 Costs of Compliance – Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 14. • 14.6 Not a Limitation – The requirements of this Section 14 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents. SIGNATURES ON NEXT PAGE Item 1J - Page 27 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 7 of 9 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND SWINERTON BUILDERS 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: _______ 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 Item 1J - Page 28 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 8 of 9 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: Date: EXHIBIT “B” Item 1J - Page 29 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT NO. 16-08 Revised 4.13.23 Page 9 of 9 LETTER OF ASSENT A letter of assent is to be signed by all contractors awarded work covered by the City of Palm Springs Community Workforce Agreement prior to commencing work. [Contractor’s Letterhead] CWA Administrator City of Palm Springs Attn: Procurement & Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Community Workforce Agreement – Letter of Assent City Project No. XX-XX Dear Sir/Madame: This is to confirm that [name of company] agrees to be part to and bound by the City of Palm Springs Community Workforce Agreement effective Month Day, Year, as such Agreement may, from time to time by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work. Sincerely, [Name of Construction Company] By: [ ] Name and Title of Authorized Executive Contractor State License No.: Business Address: Business Phone: Cc: San Bernardino/Riverside Counties Building and Construction Trades Council AFL-CIO Item 1J - Page 30 Docusign Envelope ID: 2C66B364-FC3A-4257-9698-76E23F88623B