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Home My WebLink About2023-06-14 HC Regular Meeting Agenda Packet City of Palm Desert Page 1 HOUSING COMMISSION CITY OF PALM DESERT, CALIFORNIA AGENDA City Hall, North Wing Conference Room 73-510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting with virtual and in-person access to the meeting location. • To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/87492515629 or call (213) 338-8477, Zoom Meeting ID: 874 9251 5629. • Written public comment may also be submitted to mlomeli@palmdesert.gov. Emails received by 12:30 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1. CALL TO ORDER 2. ROLL CALL 3. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Housing Commission on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 4. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Calendar within the three-minute time limit. Individual items may be removed by Taskforce Members for a separate discussion. A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Housing Commission Special Meeting minutes of April 26, 2023. Wednesday June 14, 2023 3:30 p.m. Regular Meeting Housing Commission Agenda June 14, 2023 City of Palm Desert Page 2 CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 5. ACTION CALENDAR A. ADOPTION OF HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2023-2024 RECOMMENDATION: Recommend to the Palm Desert Housing Authority the adoption of a Resolution establishing dates for regular meetings of the Palm Desert Housing Commission during Fiscal Year 2023-2024. B. AWARD OF A MAINTENANCE SERVICES AGREEMENT TO JOHN HARRISON CONTRACTING, INC. IN AN AMOUNT NOT TO EXCEED $218,500 ANNUALLY FOR HEATING, VENTILATION, AND AIR CONDITIONING MECHANICAL SYSTEMS SERVICES AT THE HOUSING AUTHORITY RESIDENTIAL RENTAL PROPERTIES RECOMMENDATION: Recommend to the Palm Desert Housing Authority the award of a Maintenance Services Agreement to John Harrison Contracting, Inc. in an amount not to exceed $218,500 annually for heating, ventilation, and air conditioning mechanical systems services at the Housing Authority residential properties. C. RATIFICATION OF CONTRACT A45110 WITH DEMO UNLIMITED, INC., IN THE AMOUNT OF $51,683.55 FOR THE REMOVAL OF TEN CARPORTS AT ONE QUAIL PLACE AS A RESULT OF HEALTH AND SAFETY CONCERNS RECOMMENDATION: Recommend to the Palm Desert Housing Authority the ratification of contract A45110 with Demo Unlimited, Inc., in the amount of $51,683.55 for the removal of ten carports at One Quail Place as a result of health and safety concerns. 6. INFORMATIONAL REPORTS & COMMENTS A. HOUSING COMMISSIONER REPORTS B. CITY COUNCIL LIAISON C. CITY STAFF 1. Summary of City Council and Housing Authority Actions 2. Home Improvement Program Activity Report D. RPM MONTHLY REPORTS 1. Occupancy and Financial Reports for March and April 2023 2. Project Reports a. Carlos Ortega Bio-Hazard Remediation b. Las Serenas Renovation E. ATTENDANCE REPORT 7. ADJOURNMENT Housing Commission Agenda June 14, 2023 City of Palm Desert Page 3 AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Housing Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. /s/ Monique Lomeli Recording Secretary PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. Remote Location: Pursuant to traditional Brown Act teleconferencing requirements, the teleconference location must be listed on the agenda and be accessible to the public. Commissioner Morrison may participate remotely from the Carlos Ortega Villas Resident Services Building located at 77915 Avenue of the States, Palm Desert, CA 92211. [This page has intentionally been left blank.] City of Palm Desert Page 1 HOUSING COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES Pursuant to Assembly Bill 2449, this meeting was conducted by teleconference, and there was in-person public access to the meeting location. 1. CALL TO ORDER A Special Meeting of the Housing Commission was called to order by Vice-Chair Ballard on Wednesday, April 26, 2023, at 3:30 p.m., in the Development Services Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. ROLL CALL Present: Commissioners Kathleen Bauer, Jann Buller, Melody Morrison, and Vice Chair Gregory Ballard. Absent: Commissioner Blair Armstrong Liaison(s) Present: Mayor Kathleen Kelly, City Council Liaison Staff Present: Jessica Gonzales, Housing Manager; Celina Cabrera, Management Analyst, and Monique Lomeli, Recording Secretary, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 3. NON-AGENDA PUBLIC COMMENT: None. 4. CONSENT CALENDAR: MOTION BY COMMISSIONER BULLER, SECOND BY COMMISSIONER BAUER, CARRIED 4-0, to approve the consent calendar. A. APPROVAL OF MINUTES MOTION BY COMMISSIONER BULLER, SECOND BY COMMISSIONER BAUER, CARRIED 4-0, to approve the Housing Commission Regular Meeting minutes of March 8, 2023. Wednesday April 26, 2023 3:30 p.m. Special Meeting Item 4A-1 Housing Commission Minutes April 26, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES CONSENT ITEMS HELD OVER: None. 5. ACTION CALENDAR A. AWARD OF A CONTRACT TO JACOBSSON ENGINEERING CONSTRUCTION, INC., OF THOUSAND PALMS, CALIFORNIA, FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION IN THE AMOUNT OF $2,274,467.70 (PROJECT NO. 819-20) Project Manager Chris Gerry presented a staff report and responded to Commissioner inquiries. Following discussion, MOTION BY COMMISSIONER BULLER, SECOND BY COMMISSIONER BAUER, CARRIED 4-0, to recommend to the Palm Desert Housing Authority the award of a contract to Jacobsson Engineering Construction, Inc., of Thousand Palms, California, for the One Quail Place Parking Lot Rehabilitation in the amount of $2,274,467.70 (Project No. 819-20). B. AWARD OF A GENERAL SERVICES AGREEMENT TO EXCLUSIVE PEST CONTROL SERVICES IN AN AMOUNT NOT TO EXCEED $74,832 ANNUALLY FOR PEST CONTROL AND EXTERMINATION SERVICES AT THE HOUSING AUTHORITY RESIDENTIAL RENTAL PROPERTIES Management Analyst Celina Cabrera presented the staff report and responded to Commissioner inquiries. Following discussion, MOTION BY COMMISSIONER BAUER, SECOND BY COMMISSIONER BULLER, CARRIED 4-0, to recommend to the Palm Desert Housing Authority the award of a General Services Agreement to Exclusive Pest Control Services in an amount not to exceed $74,832 annually for pest control and extermination services at the Housing Authority residential rental properties. C. REVIEW OF FY 2023-2024 HOUSING AUTHORITY BUDGET Housing Manager Jessica Gonzalez presented the staff report and responded to Commissioner inquiries. Following discussion, MOTION BY COMMISSIONER BAUER, SECOND BY COMMISSIONER BULLER, CARRIED 4-0 to recommend to the Palm Desert Housing Authority the approval of the Palm Desert Housing Authority Proposed Budget for FY 2023-2024, to include the FY 2023-2024 Palm Desert Housing Authority Operating Capital and Replacement Budget in the City of Palm Desert’s Comprehensive Finance Plan for FY 2023-2024. 6. INFORMATIONAL REPORTS & COMMENTS A. RPM COMPANY REPORTS FOR JANUARY 2023 RPM representative Teresa Valkili presented the following reports for the month of January 2023, and responded to Commissioner inquiries: Item 4A-2 Housing Commission Minutes April 26, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES a. Monthly Occupancy Status Reports b.Monthly Occupancy and Average Rent Reports c.Monthly Occupancy and Average Rent Statement d. Monthly Net Operating Income Statement B.RPM COMPANY MONTHLY REPORTS FOR FEBRUARY/MARCH 2023 RPM representative Teresa Valkili presented the following reports for the months of February and March 2023, and responded to Commissioner inquiries: a.Monthly Occupancy Status Reports b.Serious Complaints Report (February) c.Palm Desert Housing Authority Project Report (March) C.HOUSING COMMISSIONERS Housing Manager Gonzalez provided a summary of the written report submitted by previous (since resigned) Chair Dennis Guinaw. D.CITY COUNCIL LIAISON No report was provided. E.CITY STAFF Housing Manager Gonzalez provided updates regarding City Council and Housing Authority actions, changes in the City’s website and email addresses, the Palm Desert Housing Authority Properties Tour scheduled for May 19, 2023, and the resignation of Chair Dennis Guinaw. F.HOME IMPROVEMENT PROGRAM ACTIVITY REPORT Housing Manager Gonzalez provided a verbal update on the Home Improvement Program and stated the Habitat for Humanity was unable to provide the activity report in advance of this meeting. G.ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 7.ADJOURNMENT The Housing Commission adjourned at 4:07 p.m. Respectfully submitted, Monique Lomeli, Senior Deputy Clerk Recording Secretary ATTEST: Jessica Gonzales, Housing Manager Secretary APPROVED BY THE HOUSING COMMISSION: __/__/2023 Item 4A-3 [This page has intentionally been left blank.] PALM DESERT HOUSING COMMISSION MEETING Wednesday, June 14, 2023 The attached staff report is being provided for review and recommendation to the Housing Authority Board at the meeting of June 22, 2023. RECOMMENDATION: RECOMMEND TO THE PALM DESERT HOUSING AUTHORITY THE ADOPTION OF A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2023-2024. Item 5A-1 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: June 22, 2023 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: ADOPT HOUSING AUTHORITY RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2023-2024 RECOMMENDATION: Adopt Housing Authority Resolution establishing dates for regular meetings of the Palm Desert Housing Commission during fiscal year 2023-2024. BACKGROUND/ANALYSIS: On June 9, 2022, the Board of the Palm Desert Housing Authority (the “Authority”) considered and adopted the Resolution No. HA-107 amending and restating the Bylaws of the Palm Desert Housing Commission (“Commission”). The Commission’s Bylaws identifies the regular meetings to be held each month on the second Wednesday of each month. On an annual basis, the Commission has adopted the schedule of its regular meeting for the calendar year so that Members could calendar them and plan accordingly for other important events and activities throughout the year. In 2020, legal counsel recommended that going forward, it is best to set in advance the Commission’s schedule of its regular meetings by resolution. As long as it is mutually acceptable to the Housing Commission, the adoption of this resolution would memorialize the acceptance by the Housing Commission and provide the public advance notice of the meeting schedule for the fiscal year 2023/2024. The attached resolution provides a schedule of the second Wednesday dates generally, allowing Commission, the public, and staff to plan accordingly for the conduct of Authority business and any required noticing. The FY 2023/2024 schedule considers the routine practice of cancelling the meeting in August for a summer recess. Lastly, while adoption of this resolution sets the regular meeting schedule, it is also understood that if Authority business needs to be conducted, the Authority Board retains authority to convene or suspend a meeting on any date that is not listed herein. Staff recommends the Authority adopt the attached resolution. Strategic Plan: This request represents routine administrative business of the Palm Desert Housing Authority. This request does not apply directly to a specific strategic plan goal. Item 5A-2 City of Palm Desert Housing Authority – Resolution to Set FY 23/24 Schedule for Regular Housing Commission Meetings Page 2 of 2 Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting of June 14, 2023. Upon request, a verbal report will be provided at the Authority’s regular meeting of June 22, 2023. FINANCIAL IMPACT: There is no direct fiscal impact with this request. REVIEWED BY: Department Director: Eric Ceja Special Counsel to Housing Authority: Brendan B. Kearns Finance Director: Assistant City Manager: Executive Director: ATTACHMENTS: 1. Resolution No. HA-_________, including Exhibit A, FY 2023/2024 Schedule for Regular Housing Commission Meetings Item 5A-3 RESOLUTION NO. __________ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL YEAR 2023-2024 THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the Palm Desert Housing Authority (the “Authority”) has established the time, place, and conduct for the Palm Desert Housing Commission (the “Commission”) regular meetings on the second Wednesday each month, pursuant to the Palm Desert Housing Commission Bylaws adopted by Resolution HA-107; and WHEREAS, it has been acknowledged that the Commission wishes to adopt a set annual schedule of regular meetings; and WHEREAS, the schedule will primarily follow the recognized routine of meetings on the second Wednesday of each month, with some limited exceptions to account for holidays and events where the Commission or the Authority Board members would be absent from a regular scheduled meeting, resulting in less than the full Commission or Authority Board members or the complete lack of a quorum on certain dates. NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Housing Authority that: SECTION 1. Commission regular meetings will be held generally on the second Wednesday of each month, pursuant to the Palm Desert Housing Commission Bylaws, as amended from time to time, in the Community Development Conference Room located at the Palm Desert Civic Center, 73510 Fred Waring Drive, Palm Desert, California, with some limited exceptions, with all regular meetings in fiscal year 2023/2024 to be held as specified herein on the attached Exhibit "A." SECTION 2. Each regular meeting will be convened at 3:30 p.m. to consider the items listed as such on the posted agenda for the regular meeting on that date. BE IT FURTHER RESOLVED that the Housing Commission Chair is hereby given authority to take up items on the agenda in the order deemed most appropriate in consideration of public interest and/or time constraints. Item 5A-4 RESOLUTION NO. ____________ PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this 22nd day of June 2023, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN KELLY, CHAIRMAN ATTEST: ANTHONY J. MEJIA, SECRETARY Item 5A-5 RESOLUTION NO. ____________ EXHIBIT A FISCAL YEAR 2023-2024 PALM DESERT HOUSING COMMISSION REGULAR MEETINGS MONTH July DAY 12 YEAR 2023 August 9 2023 Canceled- Summer Recess September 13 2023 October 11 2023 November 8 2023 December 13 2023 January 10 2024 February 14 2024 March 13 2024 April 10 2024 May 8 2024 June 12 2024 Item 5A-6 PALM DESERT HOUSING COMMISSION MEETING Wednesday, June 14, 2023 The attached staff report is being provided for review and recommendation to the Housing Authority Board meeting of June 22, 2023. RECOMMENDATION: Recommend to the Palm Desert Housing Authority the award of a Maintenance Services Agreement to John Harrison Contracting, Inc. in an amount not to exceed $218,500 annually for heating, ventilation, and air conditioning mechanical systems services at the Housing Authority residential properties. Item 5B-1 Page 1 of 3 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: June 22, 2023 PREPARED BY: Celina Cabrera, Management Analyst REQUEST: AUTHORIZE THE AWARD OF A MAINTENANCE SERVICES AGREEMENT TO JOHN HARRISON CONTRACTING, INC. IN AN AMOUNT NOT TO EXCEED $218,500 ANNUALLY FOR HEATING, VENTILATION, AND AIR CONDITIONING MECHANICAL SYSTEMS SERVICES AT THE HOUSING AUTHORITY RESIDENTIAL RENTAL PROPERTIES. RECOMMENDATION: 1. Authorize the award of a three-year Maintenance Services Agreement, with an option to renew no more than two additional one-year terms to John Harrison Contracting Inc. for Heating, Ventilation, and Air Conditioning (“HVAC”) Mechanical Systems Services at the Housing Authority residential rental properties, in a total annual amount not to exceed $218,500 (includes an annual cost of $190,000 and $28,500 for 15% contingency). 2. Authorize RPM Company, the Housing Authority’s contracted management company, to monitor the Agreement and authorize additional services as determined to be necessary due to emergency actions and/or to proactively respond to the needs of the Properties. BACKGROUND/ANALYSIS: The Palm Desert Housing Authority (“Housing Authority”) owns 15 affordable residential housing properties (“Properties”) in the City and accounts for 1,114 apartment units. The day-to-day operations of the Properties are contracted with the property management group, RPM Company. The current contract term for HVAC Mechanical System Service at the Properties expires on June 30, 2023, and there are no remaining renewal options. On February 16, 2023, Staff issued a Request for Proposal (“RFP”) as required by Palm Desert Municipal Code 3.30.100 on the City’s online bid management provider, “OpenGov” and a “Notice Inviting Proposals” was published in the Desert Sun newspaper on February 16, 2023, and February 23, 2023. A mandatory pre-submittal meeting was held on March 1, 2023. Three responses were received by the RFP deadline of March 17, 2023: Company Annual Amount Western Air Cooling & Heating $197,000 MEP Solutions $218,500 John Harrison Contracting $300,000 Pursuant to Palm Desert Municipal Code 3.30.140, Staff reviewed, discussed, and compared the proposals to the evaluation criteria as provided in the RFP. It was determined after interviews were conducted on April 24th and 25th that John Harrison Contracting Inc. (“JHC”) demonstrated to be the most qualified respondent and best overall value for services proposed through their Item 5B-2 Palm Desert Housing Authority Housing Authority- John Harrison Contracting, Inc. Maintenance Services Agreement Page 2 of 3 proposal, experience, and past performance to provide the required service for the Housing Authority. JHC has serviced the Housing Authority Properties for the past ten years and has demonstrated in their proposal, their performance, and RFP presentation/interview, that they understand and are responsive to the needs of the Properties. JHC is an approved Southern California Edison (“SCE”) vendor as well as Southern California Gas Company Energy Savings Assistance Program Contractor, and an approved weatherization contractor for both the State of California Department of Community Services and Development as well as with Community Action Partnership of Riverside. JHC’s involvement and leveraging resources of utility companies and government agencies offers value in the future, as it has in the past, to extend applicable discounted services to the Housing Authority and our residents. Additionally, JHC is a registered contractor with the Department of Industrial Relations (DIR) and is familiar with the required prevailing wage requirements. The current contract with JHC does not have a provision for routine service maintenance on the units due to a program encompassing this task through SCE. Unfortunately, this program currently is unfunded and therefore the RFP was written with a requirement of two routine maintenance services on all units each calendar year. However, data of service calls over the past 12 months suggests that rather than increasing service to twice a year, as the RFP was written, once a year will be sufficient. Staff contacted JHC and asked for a revision of their cost proposal to include service of all units once a year, rather than twice. Consequently, the not to exceed cost was reduced. Staff recommends the award of a three-year General Services Agreement in an annual amount not to exceed $218,500 (includes an annual cost of $190,000 and $28,500 for 15% contingency) to John Harrison Contracting, Inc. and authorize RPM company to monitor the Agreement and authorize additional services, as determined to be necessary due to emergency actions and/or to proactively respond to the needs of the Properties. Additional Services include unit repairs and unit replacements beyond that which is already included in the proposal, and other emergency service responses that may be required. At the expiration of three years, the Authority reserves the right to extend the Agreement for two additional one-year terms. Commission Recommendation: The Housing Commission will review this recommendation at its regularly scheduled meeting on June 14, 2023. Upon request a verbal report will be provided. FINANCIAL IMPACT: The fiscal impact of this request is the annual cost of the Agreement in an annual amount not to exceed $218,500. Funds have been budgeted in the proposed FY 2023-2024 contract services operating budget allocated within each of the 15 Housing Authority Properties. REVIEWED BY: Department Director: Eric Ceja Item 5B-3 Palm Desert Housing Authority Housing Authority- John Harrison Contracting, Inc. Maintenance Services Agreement Page 3 of 3 Special Counsel to Housing Authority: Craig Hayes Finance Director: Assistant City Manager: Executive Director: ATTACHMENTS: 1. Maintenance Services Agreement 2. John Harrison Contracting Proposal 3. John Harrison Contracting Revised Cost Proposal Item 5B-4 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 1 - PALM DESERT HOUSING AUTHORITY MAINTENANCE SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 22nd day of June , 2023, by and between the Palm Desert Housing Authority (“ the Authority”), a Public Body, Corporate and Politic, a political subdivision organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California and John Harrison Contracting, Inc, a California Corporation with its principal place of business 1143 West Lincoln Street, Suite 2, Banning, CA 92220 (“Contractor”). The Authority and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the Authority on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of the Authority. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of the Authority. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. The Authority desires to engage Contractor to render such services for Heating, Ventilation, and Air Conditioning Mechanical Systems Services project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein The Authority shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Item 5B-5 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 2 - 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Authority retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of the Authority and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “A” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of the Authority, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of the Authority. 3.2.4 Authority’s Representative. The Authority hereby designates Jessica Gonzales, or his or her designee, to act as its representative for the performance of this Agreement (“Authority’s Representative”). Authority’s Representative shall have the power to act on behalf of the Authority for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the Authority’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Mauricio Blanco, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with the Authority’s staff in the performance of Services and shall be available to the Authority’s staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained Item 5B-6 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 3 - throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the Authority, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the Authority will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Authority as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Dollars per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the Authority. If Contractor disputes the Authority’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the Authority to terminate the Agreement for cause. The Authority is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Item 5B-7 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 4 - 3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, physical disability, ancestry, sex, age, marital status, gender, gender identity, gender expression, sexual orientation, reproductive health decision making, veteran or military status, or any other consideration made unlawful by federal, state, or local laws. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify the Authority against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of the Authority, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the Authority. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Item 5B-8 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 5 - Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to the Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Fidelity Coverage. Reserved (F) Cyber Liability Insurance. Reserved If coverage is maintained on a claims-made basis, Contractor shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. Item 5B-9 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 6 - (G) Pollution Liability Insurance. Reserved 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor shall provide certificates of insurance to the Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the Authority at all times during the term of this contract. The Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Authority before the Authority’s own insurance or self-insurance shall be called upon to protect it as a named insured. (D) Authority’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, the Authority has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by Contractor, or the Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Authority may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. Item 5B-10 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 7 - (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. (H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Authority requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Authority and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to the Authority for review. (N) Authority’s Right to Revise Specifications. The Authority or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the Authority and Contractor may renegotiate Contractor’s compensation. If the Authority reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. Item 5B-11 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 8 - (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the Authority. The Authority reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the Authority. (P) Timely Notice of Claims. Contractor shall give the Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by the Authority in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to the Authority concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until it has been received and approved by the Authority. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by the Authority in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to the Authority concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until it has been received and approved by the Authority. 3.2.13.3 Bond Provisions. Should, in the Authority’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from the Authority. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Authority, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the Authority. To the extent, if any, that the total Item 5B-12 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 9 - compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the Authority, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Authority. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the Authority may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the Authority. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Authority. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of the Authority during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the Authority immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the Authority in writing. The Authority shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the Authority and Contractor. Item 5B-13 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 10 - 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by the Authority. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Authority of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the Authority may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the Authority, the Authority shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Ninety Thousand Dollars ($190,000) without written approval of the Palm Desert Housing Authority Board or Executive Director, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to the Authority monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. The Authority shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to the Authority within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver Item 5B-14 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 11 - of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the Authority for any reason whatsoever. 3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the Authority, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish the Authority with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by the Authority. 3.3.3 Deductions. The Authority may deduct or withhold, as applicable, from each progress payment an amount necessary to protect the Authority from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the Authority, incurred by the Authority for which Contractor is liable under the Agreement; and (4) any other sums which the Authority is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Authority to deduct any of these sums from a progress payment shall not constitute a waiver of the Authority's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by the Authority. 3.3.5 Extra Work. At any time during the term of this Agreement, the Authority may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by the Authority to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the Authority’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. 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, Contractor agrees to fully comply with such Prevailing Wage Laws. The Authority shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment Item 5B-15 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 12 - of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. 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, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the Authority. Contractor shall defend, indemnify and hold the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. The Authority may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to the Authority, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, the Authority may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, the Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 General Provisions. 3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Item 5B-16 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 13 - Contractor: John Harrison Contracting, Inc. 1143 West Lincoln Street, Suite 2 Banning, CA 92220 Attn: Mauricio Blanco Authority: Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Housing Division Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the Authority. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of the Authority’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse the Authority for the cost of any settlement paid by the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Authority’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance Item 5B-17 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 14 - proceeds, if any, received by the Contractor, the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Authority. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Authority. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 Authority’s Right to Employ Other Contractors. The Authority reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the Authority. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the Authority include the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. Item 5B-18 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 15 - 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Authority shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of the Authority, during the term of his or her service with the Authority, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.18 Federal Provisions. Reserved [SIGNATURES ON NEXT PAGE] Item 5B-19 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 - 16 - SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND JOHN HARRISON CONTRACTING, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. By: L. TODD HILEMAN EXECUTIVE DIRECTOR ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: BEST BEST & KRIEGER LLP AUTHORITY ATTORNEY By: Its: __________________________________ Printed Name: _________________________ By: Its: __________________________________ Printed Name:_________________________ ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC: _______________ Insurance: ________ _________ Initial Final JOHN HARRISION CONTRACTING, INC. PALM DESERT HOUSING AUTHORITY Item 5B-20 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 Exhibit A - 1 EXHIBIT “A” SCOPE AND SCHEDULE OF SERVICES Item 5B-21 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 Exhibit B - 1 EXHIBIT “B” COMPENSATION Item 5B-22 Contract No. __________________ (BB&K 2019) 72500.00001\32374943.1 Exhibit C-1 EXHIBIT “C” PERFORMANCE AND PAYMENT BONDS Item 5B-23 Contract No. __________________ Exhibit C-2 (BB&K 2019) 72500.00001\32374943.1 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as “Authority”) has awarded to John Harrison Contracting, Inc., (hereinafter referred to as the “Contractor”) _______________________ an agreement for Heating, Ventilation and Air Conditioning Mechanical Services (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated July 1, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Authority in the sum of ONE HUNDRED AND NINETY THOUSAND DOLLARS, ($190,000), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Authority, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the Authority, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Authority from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the Authority’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the Authority to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Authority’s option: Item 5B-24 Contract No. __________________ Exhibit C-3 (BB&K 2019) 72500.00001\32374943.1 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Authority, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the Authority to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Authority under the Contract and any modification thereto, less any amount previously paid by the Authority to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the Authority may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Authority, when declaring the Contractor in default, notifies Surety of the Authority’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 5B-25 Contract No. __________________ Exhibit C-4 (BB&K 2019) 72500.00001\32374943.1 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 5B-26 Contract No. __________________ Exhibit C-5 (BB&K 2019) 72500.00001\32374943.1 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 5B-27 Contract No. __________________ Exhibit C-6 (BB&K 2019) 72500.00001\32374943.1 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 5B-28 Contract No. __________________ Exhibit C-7 (BB&K 2019) 72500.00001\32374943.1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the Palm Desert Housing Authority (hereinafter designated as the “Authority”), by action taken or a resolution passed June 22, 2023 has awarded to John Harrison Contracting, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Heating, Ventilation and Air Conditioning Mechanical Services (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated June 22, 2023 (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the Authority in the penal sum of One Hundred Ninety Thousand Dollars ($190,000) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the Authority in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement Item 5B-29 Contract No. __________________ Exhibit C-8 (BB&K 2019) 72500.00001\32374943.1 pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the Authority and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Item 5B-30 Contract No. __________________ Exhibit C-9 (BB&K 2019) 72500.00001\32374943.1 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Item 5B-31 Contract No. __________________ Exhibit C-10 (BB&K 2019) 72500.00001\32374943.1 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 5B-32 Contract No. __________________ Exhibit C-11 (BB&K 2019) 72500.00001\32374943.1 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Item 5B-33 0 | Page 2023 Heating, Ventilation, and Air Conditioning Mechanical Systems Services Proposal PALM DESERT HOUSING AUTHORITY 2022-RFP-177 JOHN HARRISON CONTRACTING, INC Attachment 2 Item 5B-34 1 | Page Contents COVER LETTER ................................................................................................................................ 2 EXPERIENCE AND TECHNICAL COMPETENCE ................................................................................... 3 Background ................................................................................................................................. 3 REFERENCES ................................................................................................................................ 6 FIRM STAFFING AND KEY PERSONNEL ............................................................................................. 7 STAFFING ..................................................................................................................................... 7 KEY PERSONNEL .............................................................................................................................. 8 TEAM ORGANIZATION .................................................................................................................. 8 PROPOSED METHOD TO ACCOMPLISH THE WORK ........................................................................ 9 APPENDIX A ................................................................................................................................... 14 Attachment 2 Item 5B-35 2 | Page COVER LETTER Dear Palm Desert Housing Authority, Ensuring that Palm Desert Housing Authority (“Authority”) residents, which primarily consist of seniors and fixed income tenants, have access to conditioned air is vital. The residents live in an area where the temperatures during the summer soar over 110 degrees and dip near freezing in the winter – proper operation and extending the life expectancy of existing and new qualified Heating, Ventilation, and Air Conditioning (HVAC) units is critical and can be accomplished through proper installation and maintenance. The Authority issued a Request for Proposal (RFP), seeking the most qualified HVAC Company to service, replace, and maintain the HVAC equipment for its properties. The Authority will award a contract to a service company that is cost effective, and has the experience, knowledge, and skillset to install and service HVAC units according to California and manufacturer’s standards, resulting in energy and bill savings to tenants, and cost savings to the Authority by minimizing the need to replace the equipment prematurely. John Harrison Contracting (JHC), Inc., a certified minority owned company, registered with the Department of Industrial Relations, has proven experience achieving the high standards sought out by the Authority. With over 35 years of experience, including ten years servicing the properties owned by the Authority, JHC has assisted thousands of households improve their quality of life and save money by repairing, maintaining, and replacing old inefficient HVAC systems with new high-efficiency units in the counties of San Bernardino and Riverside. JHC has continuously achieved its contractual obligations by delivering timely, quality, and professional services. As a result, JHC’s clients, which include Southern California Edison Co, Southern California Gas Co, the State of California, and RPM Company have continuously extended and expanded JHC’s role in their HVAC service and replacement plans. On behalf of the management team and staff at JHC, we thank you for the opportunity to submit a proposal to service the public housing properties in the city of Palm Desert. We believe our proposal meets or exceeds the RFP requirements and our years of experience in this industry including servicing the Authority’s properties for the past four years, our ability to leverage the utility’s energy efficiency programs, and economies of scale leveraging opportunities with suppliers and distributors will demonstrate we are highly qualified to perform the services outlined in the RFP. Should you have any questions regarding the RFP response, including JHC’s extensive experience, our company’s green initiatives, safety and social responsibility programs, or the job creation strategy, please do not hesitate to contact me at (760) 322-2653. Sincerely, Mauricio Blanco, President and CEO, JHC, Inc. Attachment 2 Item 5B-36 3 | Page EXPERIENCE AND TECHNICAL COMPETENCE Background JHC’S SUMMARY OF BENEFITS TO YOU •A small, yet strong business that offers you personalized service that can deliver services with the capacity of a large corporation •Over 35 years providing HVAC services to Coachella Valley residents •Main office is located within 45 miles of the RFP facilities •HVAC technicians are in the Coachella Valley •Approved SCE Energy Savings Assistance Program contractor •Ability to leverage existing utility resources and programs to extend free and discounted services to the Authority and its residents •Ability to leverage economies of scale opportunities to offer high quality HVAC equipment and other appliances at the lowest possible cost •Key personnel have demonstrated experience servicing the Authority’s properties •JHC is a certified Diverse Business Enterprise registered with Department of Industrial Relations (DIR) John Harrison Contracting (JHC), Inc., a Minority Business Enterprise was established in 1987 to help households in the counties of Riverside and San Bernardino address their energy conservation and cooling needs. With over 35 years of experience, JHC has delivered energy efficiency services to thousands of households under contract by the southern California utilities, the State of California, and Public Housing Authority for various Coachella Valley communities. In its 35 years, JHC has continuously achieved its contractual obligations by delivering timely, quality, and professional services. As a result, JHC’s clients have continuously extended and expanded JHC’s role in their energy efficiency program plans. JHC has extensive experience in conducting energy-efficiency program services that target single and multi-family dwellings, as well as mobile homes, including those occupied by low-income families. SERVICES INCLUDE: •Marketing, Outreach, and Enrollment •Central air conditioner and heat pump, installation, replacement and recycling •Forced air furnace repair, installation, and replacement •Duct testing and Sealing •Appliance installation, replacement and recycling •Packaged Terminal and Ductless System Installation, replacement and recycling •Window or wall air conditioner / heat-pump installation, replacement and recycling •Window or wall evaporative cooler installation, •Weatherization services Attachment 2 Item 5B-37 4 | Page At JHC, we are honored to be working alongside utilities, the State of California, and their partners in these fundamental energy efficiency programs that help improve the lives of many, including senior and low- income households. Through these collaborations with utilities and local governments, JHC is dedicated to help residents save on their monthly utility bills and at the same time, contribute to the improvement of our environment by delivering/installing high quality, high-efficiency HVAC equipment, appliances, and lighting devices. MISSION STATEMENT To offer best in class customer service and to deliver high quality energy-efficiency solutions to help families improve their quality of life. WORK ENVIRONMENT JHC's management team is committed to actively promote a healthy work environment that supports and fosters employee growth and work-life balance, while maintaining excellent relationships with all its clients. There is mounting evidence that unhealthy work environments contribute to high attrition rates, low productivity, and ineffective communication methods that lead to conflict and stress amongst key personnel and clients. JHC’s plan to promote and sustain a healthy work environment revolve around five basic principles, which include Communication, Collaboration, Effective Decision Making, Active Leadership, and Meaningful Recognition. The creation of healthy work environments is imperative to ensure employee retention to secure and sustain the appropriate staffing levels of a skilled workforce. FACILITIES JHC’s facilities currently include a 2,000 sq. ft. office and a 16,000 sq. ft. warehouse in the city of Banning located within the 45 miles of the facilities to be serviced. BACKGROUND CHECKS JHC conducts a background check on all its employees utilizing a service from an industry leader in pre- employment screening services. The background check evaluates items such as criminal, civil, and DMV record, as well as a drug screening. Additionally, certain employee classifications are required to obtain a Home Improvement Sales Registration (HISR) number from the California State Licensing Board, which also conducts a thorough background check utilizing LiveScan. SAFETY STANDARDS JHC employees and management team have set safety as the top priority for the company. We foster a safe work environment through communication, providing the right tools, and empowering employees to take action. We require that all employees and partners plan and conduct all work in a manner that is consistent with the safety of persons and property, and in compliance with reasonable and safe working practices and with applicable federal, state and local laws. JHC maintains a safety program, including but not limited to Injury and Illness Prevention Program, Heat Illness Prevention, and onsite safety training. Attachment 2 Item 5B-38 5 | Page GIVING HEARTS JHC and its employees have one common vision, to enhance the quality of life of those around us through the services we offer and through our employee volunteer program. We recognize giving back to our communities and families in need is the right thing to do – and we enjoy doing it. Through our Giving Hearts employee program, we engage in activities to promote a healthy environment by helping families in need, with the goal to encourage strong moral standards amongst our communities. Through Giving Hearts, we have supported our communities by offering •Supplies, material, and labor to retrofit homes, •Financial assistance to local schools, Wounded Warrior Projects, and St Jude Hospital, •Hundreds of shoes to less fortunate students, •Blood drives, and •Funds for holiday dinners and gifts to less fortunate families identified throughout the year by our field staff through the service delivery process. Our approach is simple; help those in need in any way possible, because any assistance, even if small can make a big difference. We hope our efforts inspire others to help someone today. LICENSING AND DIR CONTRACTOR REGISTRATION INSURANCE AND BONDS JHC currently performs services for the Authority and RPM Company, and complies with the Authorities insurance and bond requirements. Upon request, JHC will immediately provide the documentation required by the Authority. LICENSING AND REGISTRATION •California State Contractors License # 697530 •B - General Building Contractor •C20 – Warm-Air Heating, Ventilating and Air-Conditioning Contractor •C38 – Refrigeration Contractor •Environmental Protection Agency – Lead Certification # NAT-124914-1 •Environmental Protection Agency – Refrigeration Certification # 1041945552641831M •Department of Industrial Relations Registration # 1000014886 •Supplier Clearinghouse – o Certified Minority Business Enterprise – VON:9FN00107 CONTACT INFORMATION JHC, Inc Mauricio Blanco 1143 W Lincoln St, Ste 2 Banning, CA 92220 760-322-2653 MJB@jhcontracting.com Attachment 2 Item 5B-39 6 | Page REFERENCES John Harrison Contracting, Inc has considerable experience in servicing, maintaining, and installing HVAC equipment and related services including servicing of warranties, managing ratepayer funded programs, securing competitive prices on equipment and appliances, performing workforce and technical training, and applying administrative controls. We have serviced tens of thousands of households over the past 35 years and have done so in a timely and diligent fashion. The table below includes professional references. Company Information Work Description State of California - Department of Community Services & Development Charles Belk – Deputy Director 2389 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833 (916)576-7212 Charles.Belk@CSD.CA.GOV Under contract for the Low-Income Weatherization Program, conduct outreach, enrollment, assessment, energy modeling, and delivery of services, inclusive of HVAC and HVAC Maintenance to hundreds of households located in Riverside and Imperial counties. Southern California Gas Co Mark Aguirre – Program Manager 555 W 5th St Los Angeles, CA 90013 (213)231-5399 Maaguirre2@socalgas.com Under contract for the ESA Program, conduct outreach, enrollment, weatherization services, and tune, repair, and replace gas furnaces to thousands of households located in Riverside and San Bernardino counties. Southern California Edison Rose Solidum – Manager 2244 Walnut Grove Ave Rosemead, CA 91770 (626) 302-0755 Rosette.solidum@sce.com Under contract for the ESA Program, conduct outreach, enrollment, assessment, and delivery of services, inclusive of HVAC replacement and maintenance to thousands of households located throughout SCE’s service territory. Community Action Partnership of Riverside County Alan Reid – Program Manager 2038 Iowa Ave. Suite B-101 Riverside, CA 92507 (951) 955-5516 areid@capriverside.org Deliver services for the Weatherization Assistance Program, inclusive of HVAC replacement and maintenance to hundreds of low-income households located throughout Riverside County. Attachment 2 Item 5B-40 7 | Page FIRM STAFFING AND KEY PERSONNEL STAFFING JHC staffs over 50 employees, including 25 field service representatives, two field supervisors, and two quality assurance specialists. Employees are located throughout JHC’s service area, including HVAC technicians located in the Coachella Valley. JHC is proud of its collaborative with local colleges to establish a workforce development plan for local residents. The colleges offer a HVAC certification and upon successful completion of the course, the college and JHC engage in externship opportunities for its graduates. JHC’s will leverage all its resources to service the Authority properties and during key months of the year, will dedicate office and field personnel to respond to service request from facility managers. Additionally, if workload demands, JHC has the capacity to hire additional resources, including the ability to immediately add service trucks and equipment to service the Authority’s properties in a timely manner. Key Personnel Roles, Responsibilities, and Experience Jaime Chacon Manager, HVAC Operations Jaime will develop and implement key deliverables to support day-to- day activities of the HVAC Technicians, including SOPs, technical training, and day-to-day oversight. Jaime brings over 15 years of leadership and HVAC experience, and five years of ESAP experience. Linda Jasso Supervisor, Customer Solutions Center Linda oversees our Customer Solution Center who is responsible for addressing all customer inquiries and scheduling installation appointments. She brings over 11 years of experience coordinating services to high level clients. Linda serves as the Single Point of Contact for Authority property managers. Mariano Carrillo HVAC Technician Mariano brings over 25 years of HVAC experience. As a senior technician, Mariano has been servicing the Authority properties for over 10 years. Damien Lopez HVAC Technician Damien brings over 10 years of HVAC experience. He is a lead HVAC Technician with five years of experience servicing the Authority properties. Attachment 2 Item 5B-41 8 | Page KEY PERSONNEL TEAM ORGANIZATION JHC employs an organizational structure that will deliver timely, efficient and cost effective services. By employing an organizational model that is data driven, lean, agile, and easily scalable, JHC’s staffing plan maximizes our team’s deep and extensive experience servicing residential customers. JHC can quickly ramp up and begin program activities to ensure we meet expectations. We have in-house professionals who have the capabilities to support all levels of our organizational structure to ensure program success. Key Personnel Roles, Responsibilities, and Experience Mauricio Blanco President and CEO Mauricio will guide the leadership team in formulating vision and strategic direction to successfully implement activities to support programs and fulfill contractual obligations. He will direct the leadership team to identify and correct critical problems and to overhaul and improve operating processes and systems to increase efficiencies. Mauricio brings over two decades of organizational management, marketing, and low-income energy-efficiency industry experience. Monica Marroquin Chief Financial Officer Monica will oversee the tracking of invoicing and payment processes. She will prepare and review budget, expense, invoices, and other accounting documents. Monica oversees the Finance Team which is responsible for processing and invoicing. Monica brings over 20 years of technical assistance and training, applying unique skills, knowledge, and experience of accounting policies and procedures. Amee Gutierrez Manager, Customer Service Organization Amee directs a customer service department responsible for scheduling more than 14,000 appointments and resolving 40,000 customer interactions annually. Amee has over ten years of experience directing a diverse staff working with utility and state energy efficiency programs. She is an innovative strategist with a proven ability to create policies/procedures and lead a team to consistently goals. Attachment 2 Item 5B-42 9 | Page Jaime Chacon Manager, HVAC Operations Jaime will develop and implement key deliverables to support day-to- day activities of the HVAC Technicians, including SOPs, technical training, and day-to-day oversight. Jaime brings over 15 years of leadership and HVAC experience, and five years of ESAP experience. Kevin Carmin Supervisor, Weatherization and Appliances Kevin will develop and implement key deliverables to support day-to- day activities of the Field Specialists, including SOPs, technical and NGAT training, and day-to-day oversight. Kevin brings over 10 years of experience and has served as QC Inspector, HVAC Technician, and Supervisor. Linda Jasso Supervisor, Customer Solutions Center Linda oversees our Customer Solution Center who is responsible for addressing all customer inquiries and scheduling installation appointments. She brings over 11 years of experience coordinating services to high level clients. Linda serves as the Single Point of Contact for Authority property managers. Desiree Giron Supervisor, Compliance Department Desiree oversees the Compliance Department that is responsible for ensuring all departments comply with contractual obligations, policies, guidelines, local and state code. She brings over eight years’ experience working with in the energy efficiency industry. Jordon Scott Coordinator, Field Compliance Jordon conducts quality and compliance control inspections. He serves as the JHC code expert working directly with Building Departments and other stakeholders to learn and apply code. Jordon has over 10 years of experience working in the in the HVAC industry and is currently BPI and HERS certified. PROPOSED METHOD TO ACCOMPLISH THE WORK JHC has been servicing the Authority’s facilities under contract and through the utilities’ ESA Program since 2013. During this timeframe, JHC has replaced hundreds of HVAC units at minimal cost to the Authority. The scheduling and planning of the work to be completed is as important as the actual replacement of the equipment in order to minimize disruption to the residents and property management team. Our single point of contact, Linda Jasso, has over 10 years of experience managing large projects and works directly with the RPM property managers or a designee to plan the work. Typically, our Field Technical Supervisor (FTS) who has over 10-years’ experience installing, servicing, and maintaining HVAC equipment or our Lead Technicians will diagnose and repair the equipment at the Authority’s facilities. Allowing our staff to become well versed on the facilities and the equipment, resulting in timely resolutions to most service needs. After completing the diagnostic, unless otherwise indicated by the Authority or its designee, JHC will submit its findings, recommendations, and quote before proceeding with the work. JHC will continue utilize its two-man crews to complete the work. Each crew has a lead technician who typically has over 10 years’ experience. The work at the Authority’s properties will continue to be monitored for quality by the FTS and Quality Control Specialist. Attachment 2 Item 5B-43 10 | Page The work will continue to be conducted within the rules adopted in the Palm Desert Municipal Code Section 9.24.070 or according to the Authority or RPM Company standards. JHC plans to utilize the procedures listed in Appendix A, approved by RPM Company. CUSTOMER SERVICE JHC services a diverse customer base that includes low-to-middle income, disabled, and non-English speaking customers. Our customer service representatives and field representatives receive annual customer service and sensitivity training to ensure we provide high quality customer service to all customers. Each field crew, as well as the customer service representatives have the ability to communicate with customers in Spanish and English. JHC works with a translation service company for individuals who need assistance in languages other than English and Spanish. JHC clients and/or customers will contact JHC directly for any HVAC service. A representative will attempt to troubleshoot the potential issue over the phone, and if the issue cannot be resolved, the representative will dispatch a technician to diagnose the equipment. QUALITY CONTROL JHC’s compliance group monitors quality, as well as compliance with specific client requirements and local code. The Field Technical Supervisor and Quality Control Specialists monitor the quality of the work performed at the time of installation and post installation. Post installation quality control efforts are typically done on the same day of the visit to minimize disruption to customers and only with customer’s prior approval. The compliance group also monitors the quality of all paperwork to ensure the information is accurate, and that we have account for all required documentation, including city or county permits, and HERS verification. To ensure all units meet JHC’s quality requirements, JHC requires that all installations are verified by a third party HERS rater. Service information is filed in a secure manner to ensure customer and/or client information remains confidential. Utilizing lessons learned and best practices, JHC has implemented controls to its permit process to ensure compliance with RPM’s requirements. At every step of the process, our Finance Department verifies and reconciles all permit activity to ensure data is accurately tracked and reported. Additionally, the backup documentation is uploaded to JHC’s database for all jobs. The following section describes the steps JHC has implemented to ensure compliance. Database Permit Applications Upload Documents Verify HERS Finalize Permits Reporting Monthly Reconciliation Attachment 2 Item 5B-44 11 | Page a.Internal Database Our internal system includes workflow step driven controls to ensure all steps are verified; preventing the job to proceed without first completing the dependent step. Additionally, the database will generate alerts and tasks to Supervisors/Managers if a deadline is nearing or missed. This would include an alert when the permit is nearing expiration to ensure action is taken to finalize the permit or seek an extension. If an item reaches a second notice, the system will generate a task to the Supervisor/Manager requiring they update the database with the action taken to address the task. b.Permit Applications Permit applications are scanned and digitally stored for record keeping. The pertinent information from the application is captured in our internal database and utilized for both tracking and reporting. c.Permit / Job Cards / Receipts Each document is scanned and digitally stored in our internal database. Additionally, our Finance Department verifies all documents have been correctly captured and uploaded prior to invoicing for any job. d.HERS Verification 100% of all jobs requiring HERS verification will be confirmed against the corresponding HERS provider’s database by the Permit Coordinators. The CFR forms will be downloaded from the provider’s database and uploaded to our internal database. e.Finalizing Permits JHC utilizes Field Compliance Coordinators (FCC) to coordinate the final inspection with the customers and building inspectors. Upon confirming the inspection passed, the coordinator will update our internal database and upload the backup documentation. Additionally, the FCC will track any jobs requiring the completion of corrective action to meet building code. This information is captured in our database and utilized by the Compliance Department to identify areas of deficiency and conduct root-cause analysis. Any deficiencies, whether at the department or employee level are communicated to the leadership team, along with a proposed plan for correction, which may include training, and/or changes to JHC’s internal procedures. f.Reporting JHC’s database includes dashboards and reports with an automatic report generation function. Dashboards and reports are available to view all jobs requiring permits, the status of each permit, status of HERS verification, upcoming expiration dates, and other key compliance items. The database tracks and reports on a real-time basis and generates weekly reports that it emails to key stakeholders to provide a holistic view of all permits and their respective status to ensure the proper action is taken to remain within compliance. Attachment 2 Item 5B-45 12 | Page REGULAR MAINTENANCE PLAN The efficiency of a Central Air Conditioner begins to degrade after the first year of installation, and continues to lose efficiency every year after if not properly maintained. Failure to keep the units tuned up and maintained may affect the units expected lifespan and reduce the unit’s efficiency; resulting in higher utility bills and repair costs. JHC is proposing a maintenance plan to keep air conditioners operating at peak efficiency, ensure continued operation throughout the unit’s expected life span, improve health and comfort, and to educate the tenants on operation efficiency. JHC proposes to perform semi-annual maintenance services to central AC units in working condition that are free of major defects, at the Authority’s properties with central HVAC equipment. PROPOSED PROCESS (HIGH-LEVEL) •JHC will utilize its tracking database to monitor, track, and schedule service •JHC will work directly with the onsite property managers to schedule the appointments •During the 1st and 3rd quarter of each year (or as requested by the Authority or its designee), JHC will provide the RPM team a maintenance schedule for each participating complex •RPM/property managers will notify each tenant with sufficient notice to guarantee JHC technicians access to the AC equipment •JHC will begin performing maintenance during the 2nd and 4th quarter of each year to prepare the units for the cooling and winter season. DESCRIPTION OF MAINTENANCE WORK HVAC Unit Education •Check and clean condenser and coil •Check and clean blower components •Check and tighten electrical connections •Lubricate all moving parts •Inspect and flush condensate line •Inspect and replace filter •Check air flow •Check temperature drops •Check start components •Check motor amps •Check compressor amps •Check pressure controls •Check gas connections •Check refrigerant level •Check unit for leaks •Check t-stat operation •T-stat temp settings •Filter replacement •Other cooling / heating methods Thermostat •Check Operation Optional – Duct System •Test •Seal as applicable PLAN FOR ON-CALL AND EMERGENCY SERVICES JHC recognizes the urgency of repairing inoperative units during the extreme climate periods. We will make every effort to resolve these matters in a timely fashion to reduce any health and comfort risks. Because of the complexity of HVAC equipment, we strongly recommend contacting us via telephone. However, clients will have the option to email our service center. Attachment 2 Item 5B-46 13 | Page JHC will leverage its existing infrastructure that allows clients access to its on-call technician by contacting our office and selecting the emergency after-hours service phone prompt. When making that selection, the caller will be routed directly to our technician who can provide immediate assistance or if unavailable, can call back the caller. JHC will make every effort to return all calls within 60-minutes of receiving the call. In case of emergencies, JHC will make every effort to offer same day resolution to inquiries received before 10:00 a.m. and in situations where it is not possible, the inquiry will be scheduled within 24-hours after the client speaks to the representative, except when requested by the client/customer. If the unit cannot be repaired within a reasonable period (e.g. requires specialty parts), JHC will collaborate with the client to set-up temporary cooling solutions to the home until the unit is repaired. LEVERAGING UTILITY AND STATE PROGRAMS Energy efficiency programs date back to the energy crises of the 1970s, when soaring energy prices led utilities to promote energy conservation so customers could reduce their energy consumption to lessen the impact of the higher energy rates. The programs have grown significantly since their introduction back in the 1970s; today energy efficiency is recognized worldwide as a key and valuable energy resource. JHC is honored to be working alongside utilities, the State of California, and their partners for over 35- years in these fundamental energy efficiency programs that help improve the lives of many, including senior and low-income households. JHC is proud to be an authorized HVAC replacement contractor for SCE’s ESA Program that offers HVAC replacement services at no cost to applicants. The leveraging of the ESA program reduces the cost to the Authority when replacing HVAC systems and has resulted in hundreds of thousands in savings for the hundreds of systems that JHC has replaced at the Authority’s properties. Through these long-standing relationships, the Authority can observe cost savings through: •Utility / state rebates for high efficiency HVAC equipment, when funds available •Leveraging o Receive other services through the ESA Program services, such as free refrigerators, lightbulbs, and weatherization o Obtain rebates for Multi-family buildings offered by the utilities and state of California o Observe cost savings through JHC’s volume purchasing power resulting in economies of scale discounts for high quality HVAC equipment and appliances o Replace furnace at minimal costs at the time of air conditioner replacement to avoid future labor, permit, and Title 24 charges Attachment 2 Item 5B-47 14 | Page APPENDIX A PROCEDURES FOR DELIVERING SERVICES TO AUTHORITY PROPERTIES 1.When applicable, JHC will schedule service with no less than 48-hour notice to the property manager. a.Our single point of contact will notify the Property Manager verbally and via e-mail 2.When first arriving, JHC trucks will make an effort to find a visitor parking spot. If one is not available, the crew will locate an alternate parking location near the work site. They will avoid blocking access to the trash or other public areas. 3.The crew lead (“Lead”) will notify the property manager or representative (“Rep”) of their arrival. If not parked in a visitor location, the Lead will obtain the Rep’s approval for the parking location. 4.The Lead will notify the Rep of the unit(s) JHC will service and wait for the Rep to arrive at the location before entering the customer premises. The Lead will contact the Rep at ( ). The Rep will be available between ____ a.m. and ____ p.m. on the date of the service appointment. Unless authorized, The Rep must be present before the JHC crew can enter the customer’s residence. 5.With the Rep present, The Lead will introduce themselves and the company to the customer and will briefly explain the reason for the visit. The Lead will only communicate information related to the program or the work to the customer. If the customer raises any concerns unrelated to the program or installation, the Lead will instruct the customer to contact the office. 6.Upon receiving permission to enter the premises, the Lead will a.Provide further details about the work and approximate time it will take to complete the work b.Notify the customer of which rooms in the home the crew will enter to conduct the work and the reason for entering the room(s) c.Conduct a walk-through with the customer and the Rep of the area(s) where the work will be conducted d.Notify the customer and Rep of any existing damage to the customer’s property, including any stains to carpet, furniture, etc. e.If the customer has any valuables exposed, such as money, jewelry, or medication, the Lead will instruct the customer to secure the item(s) before starting the work. i.If the customer refuses to secure the items, the crew will remove themselves from the premise and will immediately notify the JHC office. f.The crew will not enter any area of the residence where they will not conduct any work. g.The crew will prepare the work area as normal (tarps, clear path, etc) 7.Upon completing the work and prior to leaving the premises, the Lead will a.Contact the Rep b.Conduct a walk-through of the area(s) where the crew worked with the customer and the Rep c.Will note, on the service form “Final walk-through approved” and obtain the customer’s initials next to the note. i.If the customer has any concerns, the Lead will immediately notify the JHC office d.Advise the customer that the work is complete and that the crew will be leaving the premises. In addition, to minimize potential scheduling mishaps, we will notify you of the schedule via e-mail for the units we will service each week. Attachment 2 Item 5B-48 1 | P a g e HVAC Mechanical Systems Service Cost Proposal Form Revised May 2023 HVAC Mechanical Systems Services Cost Proposal Form REVISED TO ONE MAINTENANCE SERVICE A YEAR 1.Replacement Costs The following table shall be used to state the costs PER UNIT to replace and maintain the identified HVAC Mechanical Systems units (“Unit”) at each Property. Costs shall be inclusive all direct and indirect costs. Complex’s that do not have a unit count should be assumed to be a single unit. Be sure to include permit and testing fees in the cost listed per Unit. Complex Name Fuel Source Size SEER Replacement Cost Per Unit Maintenance Cost Per Unit SUMMER Maintenance Lump Sum 1. Catalina Gardens 72 Apartments 77 Units Heat Pump 2 Ton 15 2. Candlewood 30 Apartments 31 Units Elec/Gas 2 Ton 15 3. Carlos Ortega Villas Elec/Gas 2.5 Ton 15 4. Carlos Ortega Villas Elec/Gas 5 Ton 15 5. Laguna Palms Ductless Mini Split 18,00 0 BTU 6. La Rocca Villas 27 Apartments 28 Units Elec/Gas 2 Ton 15 Attachment 3 Item 5B-49 2 | P a g e HVAC Mechanical Systems Service Cost Proposal Form Revised May 2023 Complex Name Fuel Source Size SEER Replacement Cost Per Unit Maintenance Cost Per Unit SUMMER Maintenance Lump Sum 7. La Rocca Villas Elec/Gas 5 Ton 15 8. Las Serenas 150 Apartments 152 units Heat Pump 2 Ton 15 9. Las Serenas Heat Pump 2 Ton 15 10. Las Serenas Heat Pump 2.5 Ton 15 11. Las Serenas Heat Pump 5 Ton 15 12. Neighbors 24 Apartments 25 Units Heat Pump 2 Ton 15 13. One Quail Place Ceiling mounted air handler Heat Pump 2 Ton 15 14. One Quail Place 384 Apartments 393 Units Heat Pump 3 Ton 15 15. One Quail Place Heat Pump 5 Ton 15 Attachment 3 Item 5B-50 3 | P a g e HVAC Mechanical Systems Service Cost Proposal Form Revised May 2023 Complex Name Fuel Source Size SEER Replacement Cost Per Unit Maintenance Cost Per Unit SUMMER Maintenance Sum of all Units 16. One Quail Place Window A/C 12,00 0 BTU 17. One Quail Place Ductless Mini Split 18,00 0 BTU 18. Palm Village 36 Apartments 39 Units Elec/Gas 2 Ton 15 19. Palm Village Ductless Mini Split 18,00 0 BTU 20. Pueblos 15 Apartments 16 Units Elec/Gas 2 Ton 21. Pueblos Window AC 12,00 0 BTU 22. Sagecrest 14 Apartments 14 Units Heat Pump 2 Ton 15 23. Santa Rosa 20 Apartments 20 Units Elec/Gas 2 Ton 15 24. Taos Palms 16 Apartments 16 Units Elec/Gas 2 Ton 15 Attachment 3 Item 5B-51 4 | P a g e HVAC Mechanical Systems Service Cost Proposal Form Revised May 2023 OTHER SERVICES Description Size Price Each Furnace with Filter Base When installed at the time of unit replacement 1.5 – 3 Ton Furnace with Filter Base 3.5 – 4 Ton Furnace with Filter Base 5 Ton Programmable Thermostat 2.Hourly Rates These rates shall be reserved for urgent, as-needed, responses. Labor rates for replacement and maintenance work should be included in the per unit cost listed in the chart above. In the notes area, describe when these rates apply (i.e., Regular Rate is Monday – Friday 8:00 a.m. to 5:00 p.m.) Description Hourly Rate Notes Regular Rate Per Hour: Emergency Call Per Hour: After Normal Business Hours Per Hour: Overtime Rate Per Hour: Sunday/Holiday Rate Per Hour: Attachment 3 Item 5B-52 5 | P a g e HVAC Mechanical Systems Service Cost Proposal Form Revised May 2023 3.Proposed Not-To-Exceed Amount Firm proposes a Not-to-Exceed Amount of ________________________________. Explain how you calculated the proposed amount. Include methods for determining any potential cost increases during performance of the work. The method of determining costs shall be clearly explained . The final amount in the agreement may differ from the amount stated above. Attachment 3 Item 5B-53 [This page has intentionally been left blank.] Item 5B-54 PALM DESERT HOUSING COMMISSION MEETING Wednesday, June 14, 2023 The attached staff report is being provided for review and recommendation to the Housing Authority Board meeting of June 22, 2023. RECOMMENDATION: Recommend to the Palm Desert Housing Authority the ratification of contract A45110 with Demo Unlimited, Inc., in the amount of $51,683.55 for the removal of ten carports at One Quail Place as a result of health and safety concerns. Item 5C-1 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: June 22, 2023 PREPARED BY: Jessica Gonzales, Housing Manager REQUEST: RATIFICATION OF CONTRACT A45110 WITH DEMO UNLIMITED, INC., IN THE AMOUNT OF $51,683.55 FOR THE REMOVAL OF TEN CARPORTS AT ONE QUAIL PLACE AS A RESULT OF HEALTH AND SAFETY CONCERNS RECOMMENDATION: 1. Ratify the Executive Director’s authorization of Contract A45110 entered with Demo Unlimited, Inc. on April 20, 2023, in the amount of $51,683.55 for the removal of ten carports at One Quail Place as a result of health and safety concerns pursuant to Section 3.30.160 of the City of Palm Desert Municipal Code. 2. Appropriate $51,683.55 from the Housing Authority’s Committed Reserve Funds to Account Number 8714195-4331100 Housing Authority Replacement Expenditures. BACKGROUND/ANALYSIS: In December 2022, Staff issued a Request for Proposal (“RFP”) for the One Quail Place Parking Lot Rehabilitation. Responses were due in January 2023 and a contract was awarded to Jacobsson Engineering Construction Inc., in April 2023. In March 2023, the Housing Authority’s Property Management Group, RPM Company, brought to the City’s attention that there were 10 carports not identified on the RFP that required removal. These 10 carport structures were verified by the Palm Desert Building and Safety Department to have a risk of structural integrity failure that could result in a hazard to residents as well as vehicles. The Executive Director authorized Staff to conduct an emergency agreement with a demolition contractor to remove and dispose of the carports to mitigate the Health and Safety concern. Staff immediately solicited a quote from a demolition contractor on the approved Vendor List. Unfortunately, the identified contractor was unable to fulfill the job due to staffing shortages. A second contractor was identified and completed the work early May 2023. This recommendation ratifies the Executive Director’s approval in the total amount of $51,683.55 for the cost to have the ten (10) carports removed at One Quail Place as part of the Project. Commission Recommendation: The Housing Commission reviewed this recommendation at its regular meeting on June 14, 2023. Upon request, a verbal report will be provided. FINANCIAL IMPACT: The fiscal impact is the cost of the contract for the emergency removal of the ten carports in the amount of $51,683.55 which will be paid from the Housing Authority Capital Replacement Fund. Item 5C-2 Palm Desert Housing Authority Ratification of Contract A45110 Page 2 of 2 There is no financial impact to the City’s General Fund. REVIEWED BY: Department Director: Eric Ceja Special Counsel to Housing Authority: Finance Director: Assistant City Manager: Executive Director: ATTACHMENTS: 1. Executed Contract A45110 Item 5C-3 Contract No. ______________ 1 Revised 10-14-20 72500.00001\32375220.1 PALM DESERT HOUSING AUTHORITY SHORT FORM CONSTRUCTION CONTRACT Demolition and Removal of 10 Carports at One Quail Place 1.PARTIES AND DATE. This Contract is made and entered into this 20th day of April, 2023 by and between the Palm Desert Housing Authority, a Public Body, Corporate and Politic, a political subdivision organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, County of Riverside, State of California (“Authority”) and Demo Unlimited, Inc., a Corporation with its principal place of business at 51350 Desert Club Drive, Suite 3, La Quinta, California 92253 (“Contractor”). The Authority and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract. 2.RECITALS. 2.1 Authority. The Authority is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose. 2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Authority on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing demolition, removal and haul away of debris of ten carports located at One Quail Place, related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of the Authority. The following license classifications are required for this Project: C21- Building Moving, Demolition 2.3 Project. The Authority desires to engage Contractor to render such services for the demolition, removal, and haul away of ten carports located at One Quail Place. Service also includes concrete patch at all vertical post locations within the scope of the ten carports (“Project”) as set forth in this Contract. 2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, Payment and Performance Bonds as required by the Contract. 3.TERMS 3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: •Proposal (Exhibit “A”) •Plans and Specifications (Exhibit “B”) •Special Conditions (Exhibit “C”) •Certification Regarding Workers Compensation (Exhibit "D”) •Public Works Contractor Registration Certification (Exhibit "E”) •Payment and Performance Bonds (Exhibit “F”) 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-4 Contract No. ______________ 2 Revised 10-29-19 72500.00001\32375220.1 specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor. 3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Authority all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference. 3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the Authority (“Change Order”). 3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the Authority. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the Authority for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actua lly incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost. (A) Changes Ordered By The Authority. The Authority may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-5 Contract No. ______________ 3 Revised 10-29-19 72500.00001\32375220.1 any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. 3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code section 3400(b), the Authority may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Authority may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor. The Authority has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Authority in a timely fashion will result in the rejection of the proposed substitution. Contractor shall bear all of the Authority’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400. 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within thirty (30) days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Authority. Such schedules or milestones may be included as part of Exhibits “A” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Authority will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Authority as fixed and liquidated DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-6 Contract No. ______________ 4 Revised 10-29-19 72500.00001\32375220.1 damages the sum of two hundred dollars ($200.00) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Authority, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the Authority to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Authority, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work. 3.5 Control and Payment of Subordinates; Contractual Relationship. The Authority retains Contractor on an independent contractor basis and Contractor is not an employee of Authority. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 3.6 Authority’s Basic Obligation. The Authority agrees to engage and does hereby engage Contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Authority shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below- referenced compensation in accordance with compensation provisions set forth in the Contract. 3.7 Compensation and Payment. 3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, The Authority agrees to pay Contractor the Total Contract Price of fifty-one thousand, six hundred and eighty-three dollars and fifty-five cents ($51,683.55) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written Change Orders approved and signed in advance by the Authority. 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, the Authority will arrange for payment of the Total Contract Price upon completion and approval by the Authority of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, the Authority will pay Contractor on a monthly basis as DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-7 Contract No. ______________ 5 Revised 10-29-19 72500.00001\32375220.1 provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Authority an itemized application for payment in the format supplied by the Authority indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the Authority may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Authority and in such detail and form as the Authority shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. Contractor shall submit its final invoice to the Authority within thirty (30) days from the last date of the Work or termination in accordance w ith this Contract and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. 3.7.3 Prompt Payment. The Authority shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others. 3.7.4 Contract Retentions. From each approved progress estimate, 5% will be deducted and retained by the Authority, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code section 7107. 3.7.5 Other Retentions. In addition to Contract retentions, the Authority may deduct from each progress payment an amount necessary to protect the Authority from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Authority in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the Contract Time; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by the Authority during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Authority, incurred by the Authority for which Contractor is liable under the Contract; and (11) any other sums which the Authority is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Authority to deduct any of these sums from a progress payment shall not constitute a waiver of the Authority’s right to such sums. 3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code section 22300, the Authority will permit the substitution of securities for any monies withheld by the Authority to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Authority, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Authority shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-8 Contract No. ______________ 6 Revised 10-29-19 72500.00001\32375220.1 contract” shall mean the time the Authority has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Authority. 3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract. 3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Authority at the time of payment. To the extent that title has not previously been vested in the Authority by reason of payments, full title shall pass to the Authority at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Authority, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 3.7.9 Labor and Material Releases. Contractor shall furnish the Authority with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by the Authority. 3.8 Labor 3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1000 or more for a public works project or maintenance project, Contractor agrees to fully comply with such Prevailing Wage Laws. The Authority shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Authority, the City and their respective officers, agents, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. 3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-9 Contract No. ______________ 7 Revised 10-29-19 72500.00001\32375220.1 occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. 3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. 3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to the Authority, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-10 Contract No. ______________ 8 Revised 10-29-19 72500.00001\32375220.1 requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Authority. Contractor shall defend, indemnify and hold the Authority, the City and their respective officers, agents, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.9 Performance of Work; Jobsite Obligations. 3.9.1 Water Quality Management and Compliance. 3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State. 3.9.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. 3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. 3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-11 Contract No. ______________ 9 Revised 10-29-19 72500.00001\32375220.1 3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Authority, the City and their respective directors, officers, agents, employees, volunteers and representatives for any alleged violations. In addition, the Authority may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit. 3.9.1.6 Reservation of Right to Defend. The Authority reserves the right to defend any enforcement action brought against the Authority for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Authority for the costs (including the Authority’s attorney’s fees) associated with, any settlement reached between the Authority and the relevant enforcement entity. 3.9.1.7 Training. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the Authority, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract. Upon request, the Authority will provide the Contractor with a list of training programs that meet the requirements of this paragraph. 3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site. 3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Authority in writing. Any necessary changes shall be made by written Change Order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Authority, Contractor shall be solely responsible for all costs arising therefrom. The Authority is a public entity of the State of California subject to certain provisions of the Health & Safety DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-12 Contract No. ______________ 10 Revised 10-29-19 72500.00001\32375220.1 Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. 3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. 3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for the Authority’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify the Authority of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by the Authority; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, the Authority shall promptly investigate the conditions to determine whether a Change Order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute. 3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, the Authority shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of the Authority to provide for removal or relocation of such utility facilities. 3.9.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify the Authority against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-13 Contract No. ______________ 11 Revised 10-29-19 72500.00001\32375220.1 subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract. 3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the Contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling. 3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters. 3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Authority immediately and prior to performing any work or altering the condition. 3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify the Authority in writing and shall furnish all labor and material releases required by this Contract. The Authority shall thereupon inspect the Work. If the Work is not acceptable to the Authority, the Authority shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the Authority. Once the Work is acceptable to the Authority, the Authority shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which the Authority may be authorized or directed by law to retain. 3.11 Claims; Government Code Claim Compliance. 3.11.1 Except as otherwise provided in this Contract, if any dispute shall arise between the Authority and Contractor regarding performance of the Work, or any alleged change in the Work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the Authority within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to further pursue the claim under the Contract or at law. 3.11.1.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with all applicable law, including but not limited to these statutes. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-14 Contract No. ______________ 12 Revised 10-29-19 72500.00001\32375220.1 3.11.1.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor for: (A) An adjustment to the time for completion including, without limitation, for relief from damages or penalties for delay assessed by the Authority; (B) Payment by the Authority of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (C) An amount the payment of which is disputed by the Authority. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a Change Order, or otherwise failed to follow any procedures contained in the Contract Documents. 3.11.1.3 Filing Claims. Claims governed by this Section may not be filed unless and until the Contractor completes any and all requirements of the Contract Documents pertaining to notices and requests for changes to the Contract Time or Contract Price, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than thirty (30) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim s hall be submitted in writing to the Authority and shall include on its first page the following words in 16 point capital font: “THIS IS A CLAIM.” The Claim shall include all the information and documents necessary to substantiate the Claim, including but not limited to those identified below. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract Documents. Failure to follow such contractual requirements shall bar any Claims or subsequent proceedings for compensation or payment thereon. 3.11.1.4 Supporting Documentation. The Contractor shall submit all claims in the following format: (A) Summary description of Claim including basis of entitlement, merit and amount of time or money requested, with specific reference to the Contract Document provisions pursuant to which the Claim is made (B) List of documents relating to claim: (1) Specifications (2) Drawings (3) Clarifications (Requests for Information) (4) Schedules (5) Other (C) Chronology of events and correspondence DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-15 Contract No. ______________ 13 Revised 10-29-19 72500.00001\32375220.1 (D) Narrative analysis of claim merit (E) Analysis of Claim cost, including calculations and supporting documents (F) Time impact analysis in CPM format 3.11.1.5 Authority’s Response. Upon receipt of a Claim pursuant to this Section, the Authority shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the Authority issues its written statement. (A) If the Authority needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim, and the Authority’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim sent by registered mail or certified mail, return receipt requested, the Authority shall have up to three (3) days following the next duly publicly noticed meeting of the Authority’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (B) Within 30 days of receipt of a Claim, the Authority may request in writing additional documentation supporting the Claim or relating to defenses or Claims the Authority may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the Authority and the Contractor. The Authority’s written response to the Claim, as further documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. 3.11.1.6 Meet and Confer. If the Contractor disputes the Authority’s written response, or the Authority fails to respond within the time prescribed, the Contractor may so notify the Authority, in writing, either within 15 days of receipt of the Authority’s response or within 15 days of the Authority’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the Authority shall schedule a meet and confer conference within 30 days for settlement of the dispute. 3.11.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the Authority shall provide the Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after the Authority issues its written statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Authority and the Contractor sharing the associated costs equally. The public entity and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing, unless the parties agree to select a mediator at a later time. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-16 Contract No. ______________ 14 Revised 10-29-19 72500.00001\32375220.1 (A) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (B) For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section. (C) Unless otherwise agreed to by the Authority and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (D) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved Claims shall be considered jointly in a single mediation, unless a new unrelated Claim arises after mediation is completed. 3.11.1.8 Procedures After Mediation. If following the mediation, the Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a Claim must be filed shall be tolled from the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time the Claim is denied, including any period of time utilized by the meet and confer conference. 3.11.1.9 Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less: (A) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (B) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-17 Contract No. ______________ 15 Revised 10-29-19 72500.00001\32375220.1 3.11.1.10 Government Code Claim Procedures. (A) This Section does not apply to tort claims and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commending with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.5 of Title 1 of the Government Code. (B) In addition to any and all requirements of the Contract Documents pertaining to notices of and requests for adjustment to the Contract Time, Contract Price, or compensation or payment for additional work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Authority. (C) Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price for additional work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If Contractor does not comply with the Government Code claim procedure or the prerequisite contractual requirements, Contractor may not file any action against the Authority. (D) A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims known to Contractor or that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted. 3.11.1.11 Non-Waiver. The Authority’s failure to respond to a Claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the Claim being deemed rejected in its entirety, and shall not constitute a waiver of any rights under this Section. 3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by the Authority. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Authority may terminate this Contract pursuant to the termination provisions provided herein; provided, however, that the Authority needs to provide Contractor with only one (1) day advanced written notice. 3.13 Indemnification. 3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Authority, the City and their respective officers, agents, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-18 Contract No. ______________ 16 Revised 10-29-19 72500.00001\32375220.1 subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the Authority. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Authority or the Authority’s agents, servants, or independent contractors who are directly responsible to the Authority, or for defects in design furnished by those persons. 3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Authority’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the Authority, the City and their respective officers, agents, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Authority, the City and their respective officers, agents, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse the Authority for the cost of any settlement paid by the Authority, the City and their respective officers, agents, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for Authority’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the Authority, the City and their respective officers, agents, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the Authority, the City and their respective officers, agents, employees, volunteers and representatives. 3.14 Insurance. 3.14.1 Minimum Requirements. Without limiting Contractor’s indemnification of the Authority, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to the Authority. 3.14.1.1 General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. 3.14.1.2 Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3.14.1.3 Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-19 Contract No. ______________ 17 Revised 10-29-19 72500.00001\32375220.1 circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (A) A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (B) Pay on behalf of wording as opposed to reimbursement; (C) Concurrency of effective dates with primary policies; (D) Policies shall “follow form” to the underlying primary policies; and (E) Insureds under primary policies shall also be insureds under the umbrella or excess policies. 3.14.1.4 Workers’ Compensation Insurance. Contractor may maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to the Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Authority, the City and their respective officers, agents, employees, volunteers and representatives. 3.14.1.5 Pollution Liability Insurance Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the Authority providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. 3.14.1.6 Builder’s Risk Insurance. RESERVED. 3.14.2 Other Provisions or Requirements 3.14.2.1 Proof of Insurance. Contractor shall provide certificates of insurance to the Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the Authority at all times during the term of this contract. The Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-20 Contract No. ______________ 18 Revised 10-29-19 72500.00001\32375220.1 3.14.2.2 Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The Authority, the City and their respective officers, agents, employees, volunteers and representatives shall continue as additional insureds under such policies. 3.14.2.3 Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by the Authority shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the Authority before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. 3.14.2.4 Products/Completed Operations Coverage. Products/ completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Authority, the City and their respective officers, agents, employees, volunteers and representatives shall be included as additional insureds under the Products and Completed Operations coverage. 3.14.2.5 Authority’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, the Authority has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by Contractor, or the Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the Authority may cancel this Contract. 3.14.2.6 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. 3.14.2.7 Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Authority, the City and their respective officers, agents, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the Authority, the City and their respective officers, agents, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subcontractors. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-21 Contract No. ______________ 19 Revised 10-29-19 72500.00001\32375220.1 3.14.2.8 Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Authority to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Authority nor does it waive any rights hereunder. 3.14.2.9 Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Authority requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Authority. 3.14.2.10 Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Authority with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 3.14.2.11 Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the Authority, the City and their respective officers, agents, employees, volunteers and representatives shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor. 3.14.2.12 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to the Authority and approved of in writing. 3.14.2.13 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 3.14.2.14 Pass Through Clause. Contractor agrees to ensure that its sub- consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to the Authority for review. 3.14.2.15 Authority’s Right to Revise Requirements. The Authority or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-22 Contract No. ______________ 20 Revised 10-29-19 72500.00001\32375220.1 of such change. If such change results in substantial additional cost to the Contractor, the Authority and Contractor may renegotiate Contractor’s compensation. If the Authority reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. 3.14.2.16 Self-Insured Retentions. Any self-insured retentions must be declared to and approved by the Authority. The Authority reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the Authority. 3.14.2.17 Timely Notice of Claims. Contractor shall give the Authority prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies. 3.14.2.18 Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 3.15 Bond Requirements. 3.15.1 Payment Bond. If required by law or otherwise specifically requested by the Authority in Exhibit “C” and “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to the Authority concurrently with this Contract a Payment Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.2 Performance Bond. If specifically requested by the Authority in Exhibit “C” and “F” attached hereto and incorporated herein by reference, Contractor shall execute and provide to the Authority concurrently with this Contract a Performance Bond in an amount required by the Authority and in a form provided or approved by the Authority. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Authority. 3.15.3 Bond Provisions. Should, in the Authority’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from the Authority. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Authority, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Authority. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Authority, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Authority. If Contractor fails to furnish any required bond, the Authority may terminate the Contract for cause. 3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-23 Contract No. ______________ 21 Revised 10-29-19 72500.00001\32375220.1 will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Authority. 3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Authority of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Authority in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Authority may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Authority, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Authority by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Authority, the Authority shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Authority for any expenses incurred hereunder upon demand. 3.17 Employee/Labor Certifications. 3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract. 3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-24 Contract No. ______________ 22 Revised 10-29-19 72500.00001\32375220.1 3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 3.18 General Provisions. 3.18.1 Authority’s Representative. The Authority hereby designates Jessica Gonzales, Housing Manager, or his or her designee, to act as its representative for the performance of this Contract (“Authority’s Representative”). Authority’s Representative shall have the power to act on behalf of the Authority for all purposes under this Contract except for increasing the Total Contract Price. Contractor shall not accept direction or orders from any person other than the Authority’s Representative or his or her designee. 3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Authority (“′Contractor’s Representative”). Following approval by the Authority, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Authority, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Authority, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the Authority’s written approval. 3.18.3 Termination. This Contract may be terminated by the Authority at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by the Authority for any reason other than the fault of Contractor, the Authority shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, the Authority may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset the Authority’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, the Authority may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. If this Contract is terminated as provided, the Authority may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from the Authority, the matter shall be referred to the Authority’s Representative, whose decision shall be binding upon Contractor. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-25 Contract No. ______________ 23 Revised 10-29-19 72500.00001\32375220.1 3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Authority tender final payment to Contractor, without further acknowledgment by the Parties. 3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows: CONTRACTOR: DEMO UNLIMITED, INC. 51350 DESERT CLUB DRIVE, STE 3 LA QUINTA, CA 92253 ATTN: CHRIS BLOCH AUTHORITY: PALM DESERT HOUSING AUTHORITY 73-510 FRED WARING DRIVE PALM DESERT, CA 92260-2578 ATTN: JESSICA GONZALES Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.18.7 Time of Essence. Time is of the essence in the performance of this Contract. 3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of the Authority. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, the Authority may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee. 3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.18.10 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California. 3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-26 Contract No. ______________ 24 Revised 10-29-19 72500.00001\32375220.1 3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract. 3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Authority shall have the right to terminate this Contract without liability. 3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Authority shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of the Authority, during the term of his or her service with the Authority, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. 3.18.15 Certification of License. 3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature. 3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party. 3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties. 3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing. 3.18.19 Authority’s Right to Employ Other Contractors. The Authority reserves right to employ other contractors in connection with this Project or other projects. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-27 Contract No. ______________ 25 Revised 10-29-19 72500.00001\32375220.1 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT BETWEEN THE PALM DESERT HOUSING AUTHORITY AND DEMO UNLIMITED, INC. IN WITNESS WHEREOF, the Parties have entered into this Contract as of 20TH day of April, 2023. PALM DESERT HOUSING AUTHORITY By: L. TODD HILEMAN EXECUTIVE DIRECTOR ATTEST: By: ANTHONY J. MEJIA CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP Special Counsel DEMO UNLIMITED By: CAROLYN CURCI PRESIDENT By: CHRIS BLOCH VICE PRESIDENT OF CONSTRUCTION ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC: _________ Review Bonds: _________ Review Insurance: _________ __________ Initial Review Final Review DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 A, C-21473328 1000777226 Item 5C-28 Contract No. ______________ Exhibit A Revised 10-29-19 72500.00001\32375220.1 EXHIBIT “A” PROPOSAL DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-29 DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E Item 5C-30 DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E Item 5C-31 Contract No. ______________ Exhibit B Revised 10-29-19 72500.00001\32375220.1 EXHIBIT “B” PLANS/SPECIFICATIONS DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-32 DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4EItem 5C-33 Contract No. ______________ Exhibit C Revised 10-29-19 72500.00001\32375220.1 EXHIBIT “C” SPECIAL CONDITIONS ARTICLE 1. BONDS Concurrently with this Contract, the Contractor shall deliver to the Authority four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Authority and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Authority. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-34 Contract No. ______________ Exhibit D Revised 10-29-19 72500.00001\32375220.1 Carolyn Curci President EXHIBIT “D” CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. DEMO UNLIMITED, INC. By: _________________________ Signature _________________________ Name (Print) _________________________ Title (Print) DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-35 Contract No. ______________ Exhibit E Revised 10-29-19 72500.00001\32375220.1 X EXHIBIT “E” PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1 Name of Contractor: Demo Unlimited, Inc. DIR Registration Number: 1000858623 DIR Registration Expiration: June 30, 2023 Small Project Exemption: _____ Yes or _____ No Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges: 1. Contractor shall maintain a current DIR registration for the duration of the project. 2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Contractor: Demo Unlimited, Inc. Signature: Name and Title: Carolyn Curci, President Dated: 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 4/24/2023 Item 5C-36 Contract No. ______________ Exhibit F Revised 10-29-19 72500.00001\32375220.1 EXHIBIT “F” PAYMENT AND PERFORMANCE BONDS DocuSign Envelope ID: 62E1CCB4-3BE6-47C2-B38E-E587AB97CD4E A45110 Item 5C-37 [This page has intentionally been left blank.] MONTHLY OCCUPANCY STATUS REPORT REPORTING MONTH: MAR-23 REPORT DATE: 4/3/2023 TERESA VAKILI "MULTI-FAMILY PROPERTIES"Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 California Villas a. Total Units in Complex 141 141 141 141 141 141 141 141 141 141 141 141 141 b. Vacant Units 5 5 5 4 5 8 7 5 2 3 4 2 1 c. Occupied Units 136 136 136 137 136 133 134 136 139 138 137 139 140 d. Pending Leases 2 3 3 2 1 5 5 6 5 6 5 2 3 e. Ending Occupied & Pre-leased 138 139 139 139 137 138 139 142 144 144 142 141 143 f. Down Units 0 0 0 0 1 1 1 0 0 0 0 0 0 g. Number of Wait List Contactees 30 50 40 35 75 52 30 40 50 40 50 40 40 h. Re-Cert Pkts Sent Out During Month 8 9 10 11 11 8 10 11 6 12 9 3 9 i. Number of Traffic Qualified 10 12 10 16 14 10 12 15 10 15 25 20 18 j. Number of Traffic Non-Qualified 1 0 0 0 0 0 0 0 0 0 0 0 0 Desert Pointe a. Total Units in Complex 64 64 64 64 64 64 64 64 64 64 64 64 64 b. Vacant Units 3 4 3 3 2 1 2 2 1 1 1 2 2 c. Occupied Units 61 60 61 61 62 63 62 62 63 63 63 62 62 d. Pending Leases 0 2 2 2 1 0 0 1 0 0 0 0 2 e. Ending Occupied & Pre-leased 61 62 63 63 63 63 62 63 63 63 63 62 64 f. Down Units 2 2 1 1 1 1 1 1 1 1 1 1 1 g. Number of Wait List Contactees 17 37 23 19 12 0 15 10 0 0 0 16 15 h. Re-Cert Pkts Sent Out During Month 2 2 5 6 5 4 2 7 3 3 6 4 6 i. Number of Traffic Qualified 14 9 8 7 33 16 10 9 7 13 9 15 30 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Laguna Palms a. Total Units in Complex 48 48 48 48 48 48 48 48 48 48 48 48 48 b. Vacant Units 0 0 1 1 2 3 6 5 6 5 1 1 2 c. Occupied Units 48 48 47 47 46 45 42 43 42 43 47 47 46 d. Pending Leases 0 0 1 1 1 1 3 5 6 4 1 1 0 e. Ending Occupied & Pre-leased 48 48 48 48 47 46 45 48 48 47 48 48 46 f. Down Units 0 0 0 0 1 1 1 0 1 1 0 0 1 g. Number of Wait List Contactees 15 35 35 30 45 55 60 55 50 45 50 35 25 h. Re-Cert Pkts Sent Out During Month 3 2 3 6 1 8 3 3 3 4 3 2 1 i. Number of Traffic Qualified 3 7 8 5 4 7 5 8 10 7 9 8 12 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Neighbors a. Total Units in Complex 24 24 24 24 24 24 24 24 24 24 24 24 24 b. Vacant Units 0 0 0 0 0 0 0 0 0 0 0 0 1 c. Occupied Units 24 24 24 24 24 24 24 24 24 24 24 24 23 d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0 1 e. Ending Occupied & Pre-leased 24 24 24 24 24 24 24 24 24 24 24 24 24 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 0 0 0 0 0 7 10 h. Re-Cert Pkts Sent Out During Month 0 2 0 2 1 4 1 0 4 3 0 1 2 i. Number of Traffic Qualified 9 8 4 3 15 9 5 7 5 7 4 8 27 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 One Quail Place a. Total Units in Complex 384 384 384 384 384 384 384 384 384 384 384 384 384 b. Vacant Units 3 8 3 6 9 9 11 10 14 13 9 7 6 c. Occupied Units 381 376 381 378 375 375 373 374 370 371 375 377 378 d. Pending Leases 10 10 4 9 9 9 8 4 4 6 4 6 6 e. Ending Occupied & Pre-leased 391 386 385 387 384 384 381 378 374 377 379 383 384 f. Down Units 2 1 1 1 0 1 3 3 5 5 6 2 1 g. Number of Wait List Contactees 80 186 210 179 181 196 150 110 128 123 211 98 133 h. Re-Cert Pkts Sent Out During Month 30 17 30 23 23 24 23 11 29 37 29 32 25 i. Number of Traffic Qualified 67 40 84 54 77 63 46 34 12 19 93 38 93 j. Number of Traffic Non-Qualified 3 26 7 12 3 5 2 4 1 2 1 1 3 04/03/2023 Page 1 of 4 MOS Multi-Family 3.23Item 6D-1 MONTHLY OCCUPANCY STATUS REPORT "MULTI-FAMILY PROPERTIES"Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Palm Village a. Total Units in Complex 36 36 36 36 36 36 36 36 36 36 36 36 36 b. Vacant Units 1 1 1 1 1 2 2 2 0 0 2 2 1 c. Occupied Units 35 35 35 35 35 34 34 34 36 36 34 34 35 d. Pending Leases 1 1 1 1 1 2 0 0 0 0 1 1 0 e. Ending Occupied & Pre-leased 36 36 36 36 36 36 34 34 36 36 35 35 35 f. Down Units 0 0 0 0 0 0 0 0 0 0 1 1 1 g. Number of Wait List Contactees 15 35 35 30 45 55 60 55 50 45 50 15 25 h. Re-Cert Pkts Sent Out During Month 2 1 4 2 4 4 2 2 4 3 2 3 3 i. Number of Traffic Qualified 2 4 6 3 2 4 4 6 4 3 4 4 7 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Santa Rosa a. Total Units in Complex 20 20 20 20 20 20 20 20 20 20 20 20 20 b. Vacant Units 4 4 4 4 5 5 3 3 2 4 2 1 1 c. Occupied Units 16 16 16 16 15 15 17 17 18 16 18 19 19 d. Pending Leases 0 0 0 0 0 1 1 1 0 2 1 0 1 e. Ending Occupied & Pre-leased 16 16 16 16 15 16 18 18 18 18 19 19 20 f. Down Units 4 4 4 4 4 4 2 2 2 1 1 1 0 g. Number of Wait List Contactees 0 33 35 30 45 55 60 15 50 45 50 10 25 h. Re-Cert Pkts Sent Out During Month 0 3 0 1 1 2 1 1 1 1 1 1 0 i. Number of Traffic Qualified 2 4 2 3 0 2 0 5 3 2 3 3 5 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Taos Palms a. Total Units in Complex 16 16 16 16 16 16 16 16 16 16 16 16 16 b. Vacant Units 0 0 0 0 0 0 1 0 0 0 0 0 0 c. Occupied Units 16 16 16 16 16 16 15 16 16 16 16 16 16 d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 16 16 16 16 16 16 15 16 16 16 16 16 16 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 0 10 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 0 2 1 0 2 2 1 1 1 1 2 1 2 i. Number of Traffic Qualified 6 6 3 3 4 6 3 3 5 3 4 3 4 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 SUMMARY MULTI-FAMILY PROPERTIES Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 a. Total Units in Complex 733 733 733 733 733 733 733 733 733 733 733 733 733 b. Vacant Units 16 22 17 19 24 28 32 27 25 26 19 15 14 c. Occupied Units 717 711 716 714 709 705 701 706 708 707 714 718 719 d. Pending Leases 13 16 11 15 13 18 17 17 15 18 12 10 13 e. Ending Occupied & Pre-leased 730 727 727 729 722 723 718 723 723 725 726 728 732 f. Down Units 8 7 6 6 7 8 8 6 9 8 9 5 4 g. Number of Wait List Contactees 157 376 378 323 403 413 385 285 328 298 411 221 273 h. Re-Cert Pkts Sent Out During Month 45 38 53 51 48 56 43 36 51 64 52 47 48 i. Number of Traffic Qualified 113 90 125 94 149 117 85 87 56 69 151 99 196 j. Number of Traffic Non-Qualified 4 26 7 12 3 5 2 4 1 2 1 1 3 04/03/2023 Page 2 of 4 MOS Multi-Family 3.23Item 6D-2 MONTHLY OCCUPANCY STATUS REPORT REPORTING MONTH: MAR-23 REPORT DATE: 4/3/2023 TERESA VAKILI "SENIOR PROPERTIES"Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Candlewood a. Total Units in Complex 30 30 30 30 30 30 30 30 30 30 30 30 30 b. Vacant Units 2 0 0 1 1 0 0 0 0 1 1 2 2 c. Occupied Units 28 30 30 29 29 30 30 30 30 29 29 28 28 d. Pending Leases 1 0 0 0 1 0 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 29 30 30 29 30 30 30 30 30 29 29 28 28 f. Down Units 0 0 0 0 0 0 0 0 0 0 1 2 2 g. Number of Wait List Contactees 29 32 15 23 36 0 0 0 0 10 10 5 19 h. Re-Cert Pkts Sent Out During Month 3 1 2 6 6 3 3 2 4 4 4 3 1 i. Number of Traffic Qualified 2 9 3 8 2 12 8 13 8 4 11 10 8 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Carlos Ortega a. Total Units in Complex 73 73 73 73 73 73 73 73 73 73 73 73 73 b. Vacant Units 1 1 3 3 2 0 0 1 1 2 1 3 3 c. Occupied Units 72 72 70 70 71 73 73 72 72 71 72 70 70 d. Pending Leases 2 1 2 1 2 1 2 2 0 1 1 0 3 e. Ending Occupied & Pre-leased 74 73 72 71 73 74 75 74 72 72 73 70 73 f. Down Units 0 0 0 0 0 0 0 0 0 0 1 2 2 g. Number of Wait List Contactees 34 38 83 101 85 117 81 89 76 95 50 14 42 h. Re-Cert Pkts Sent Out During Month 4 12 4 12 1 5 3 3 2 3 12 5 7 i. Number of Traffic Qualified 23 9 2 5 4 4 7 2 3 1 2 6 2 j. Number of Traffic Non-Qualified 2 3 1 0 0 0 1 2 0 1 2 1 0 Catalina Gardens a. Total Units in Complex 72 72 72 72 72 72 72 72 72 72 72 72 72 b. Vacant Units 2 2 2 2 1 2 2 2 2 2 3 2 3 c. Occupied Units 70 70 70 70 71 70 70 70 70 70 69 70 69 d. Pending Leases 0 1 1 1 0 2 0 1 1 0 1 1 0 e. Ending Occupied & Pre-leased 70 71 71 71 71 72 70 71 71 70 70 71 69 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 87 75 87 111 92 81 88 101 96 83 89 76 68 h. Re-Cert Pkts Sent Out During Month 5 2 2 9 12 9 4 4 3 6 2 6 12 i. Number of Traffic Qualified 8 31 29 25 18 6 21 13 27 14 37 21 17 j. Number of Traffic Non-Qualified 1 1 0 0 0 0 1 1 1 1 1 1 2 La Rocca Villas a. Total Units in Complex 27 27 27 27 27 27 27 27 27 27 27 27 27 b. Vacant Units 0 0 0 0 0 0 0 0 0 0 0 0 0 c. Occupied Units 27 27 27 27 27 27 27 27 27 27 27 27 27 d. Pending Leases 0 0 0 0 0 1 0 0 0 0 0 0 0 e. Ending Occupied & Pre-leased 27 27 27 27 27 28 27 27 27 27 27 27 27 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 0 0 0 0 15 0 0 0 0 0 0 0 h. Re-Cert Pkts Sent Out During Month 4 2 1 4 1 2 0 4 2 1 1 2 4 i. Number of Traffic Qualified 19 17 20 22 20 20 41 7 4 10 4 10 3 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Las Serenas a. Total Units in Complex 150 150 150 150 150 150 150 150 150 150 150 150 150 b. Vacant Units 5 5 3 5 3 3 6 4 4 4 8 7 7 c. Occupied Units 145 145 147 145 147 147 144 146 146 146 142 143 143 d. Pending Leases 3 2 2 3 2 0 2 1 2 3 4 4 2 e. Ending Occupied & Pre-leased 148 147 149 148 149 147 146 147 148 149 146 147 145 f. Down Units 3 3 2 2 2 3 4 4 3 3 4 4 4 g. Number of Wait List Contactees 108 45 12 50 12 15 149 130 61 33 54 15 33 h. Re-Cert Pkts Sent Out During Month 6 9 14 18 15 12 18 10 9 8 10 3 4 i. Number of Traffic Qualified 52 36 42 48 47 22 48 27 25 30 41 35 37 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 04/03/2023 Page 3 of 4 MOS Senior 3.23Item 6D-3 MONTHLY OCCUPANCY STATUS REPORT "SENIOR PROPERTIES"Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Pueblos a. Total Units in Complex 15 15 15 15 15 15 15 15 15 15 15 15 15 b. Vacant Units 2 0 0 0 0 0 0 0 0 0 1 1 1 c. Occupied Units 13 15 15 15 15 15 15 15 15 15 14 14 14 d. Pending Leases 2 0 0 0 0 0 0 0 0 0 0 1 1 e. Ending Occupied & Pre-leased 15 15 15 15 15 15 15 15 15 15 14 15 15 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 8 0 6 4 17 8 0 0 10 15 18 9 17 h. Re-Cert Pkts Sent Out During Month 2 1 1 1 3 0 0 0 0 0 1 1 3 i. Number of Traffic Qualified 4 2 5 4 1 2 3 2 3 4 11 5 4 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 Sage Crest Sr. a. Total Units in Complex 14 14 14 14 14 14 14 14 14 14 14 14 14 b. Vacant Units 0 0 1 2 2 2 1 2 0 0 0 0 0 c. Occupied Units 14 14 13 12 12 12 13 12 14 14 14 14 14 d. Pending Leases 0 0 0 0 0 2 0 1 0 0 0 0 0 e. Ending Occupied & Pre-leased 14 14 13 12 12 14 13 13 14 14 14 14 14 f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0 0 g. Number of Wait List Contactees 0 18 12 8 7 10 5 16 12 5 4 0 0 h. Re-Cert Pkts Sent Out During Month 3 0 2 2 2 1 0 0 0 2 2 2 1 i. Number of Traffic Qualified 0 2 0 3 2 2 3 2 6 5 1 3 3 j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0 0 SUMMARY SENIOR PROPERTIES Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 a. Total Units in Complex 381 381 381 381 381 381 381 381 381 381 381 381 381 b. Vacant Units 12 8 9 13 9 7 9 9 7 9 14 15 16 c. Occupied Units 369 373 372 368 372 374 372 372 374 372 367 366 365 d. Pending Leases 8 4 5 5 5 6 4 5 3 4 6 6 6 e. Ending Occupied & Pre-leased 377 377 377 373 377 380 376 377 377 376 373 372 371 f. Down Units 3 3 2 2 2 3 4 4 3 3 6 8 8 g. Number of Wait List Contactees 266 208 215 297 249 246 323 336 255 241 225 119 179 h. Re-Cert Pkts Sent Out During Month 27 27 26 52 40 32 28 23 20 24 32 22 32 i. Number of Traffic Qualified 108 106 101 115 94 68 131 66 76 68 107 90 74 j. Number of Traffic Non-Qualified 3 4 1 0 0 0 2 3 1 2 3 2 2 04/03/2023 Page 4 of 4 MOS Senior 3.23Item 6D-4 MONTHLY OCCUPANCY AND AVERAGE RENT SUMMARY SHEET MARCH 2023 AMI %Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent 20%12,240 255 13,980 291 15,730 328 17,480 364 25%15,300 319 17,475 364 19,663 410 21,850 455 30%18,500 385 21,150 441 23,800 496 27,750 578 35%21,420 446 24,465 510 27,528 573 30,590 637 40%24,480 510 27,960 583 31,460 655 34,960 728 45%27,540 574 31,455 655 35,393 737 39,330 819 50%30,800 642 35,200 733 39,600 825 44,000 917 55%33,660 701 38,445 801 43,258 901 48,070 1,001 60%36,720 765 41,940 874 47,190 983 52,440 1,093 65%39,780 829 45,435 947 51,123 1,065 56,810 1,184 70%42,840 1,071 48,930 1,223 55,055 1,376 61,180 1,530 75%45,900 1,148 52,425 1,311 58,988 1,475 65,550 1,639 80%49,300 1,233 56,350 1,409 63,400 1,585 70,400 1,760 85%52,020 1,301 59,415 1,485 66,853 1,671 74,290 1,857 90%55,080 1,377 62,910 1,573 70,785 1,770 78,660 1,967 95%58,140 1,454 66,405 1,660 74,718 1,868 83,030 2,076 100%61,200 1,530 69,900 1,748 78,650 1,966 87,400 2,185 105%64,260 1,607 73,395 1,835 82,583 2,065 91,770 2,294 110%67,320 1,683 76,890 1,922 86,515 2,163 96,140 2,404 115%70,380 1,760 80,385 2,010 90,448 2,261 100,510 2,513 120%73,440 1,836 83,880 2,097 94,380 2,360 104,880 2,622 Riverside County Income Eligibility as of 7/1/2022. Monthly rent is exclusive of Utility Allowance. Extremely Low 0-30%Very Low 31-50%Low 51-80%Moderate 81%-120%Total 719 303 588 959 1,281 783 179 189 218 133 Average Mo. RentNo. of UnitsMulti-Family Complexes HOUSEHOLD SIZE 1 2 3 4 Extremely Low 0-30%Very Low 31-50%Low 51-80%Moderate 81%-120% Total 124 161 62 Senior Complexes Average Mo. RentNo. of Units 18 365 309 540 911 1,231 748 04/03/2023 Page 1 of 1 Summary Rpt #1 3.23Item 6D-5 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT REPORTING MONTH: REPORT DATE:REPORTED BY:TERESA VAKILI "MULTI-FAMILY"141 UNITS 64 UNITS 48 UNITS 24 UNITS 384 UNITS 36 UNITS 20 UNITS 16 UNITS 733 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR 1. VERY LOW: 20% OF MEDIAN a. Studio 1 211 1 211 b. 1 BR, 1 BA 5 231 4 221 13 220 22 223 c. 2 BR, 1 BA 3 196 4 245 4 264 3 217 1 213 15 233 d. 2 BR, 2 BA 2 243 2 253 4 248 e. Totals 20%5 5 3 2 19 4 3 1 42 2. VERY LOW: 21-25% OF MEDIAN a. Studio 6 264 6 264 b. 1 BR, 1 BA 14 304 3 283 4 303 36 288 57 293 c. 2 BR, 1 BA 2 325 7 323 2 315 11 322 d. 2 BR, 2 BA 5 309 11 316 16 314 e. Totals 21-25%14 9 6 5 54 2 0 0 90 3. VERY LOW: 26-30% OF MEDIAN a. Studio 2 323 2 323 b. 1 BR, 1 BA 12 383 3 372 2 340 10 375 27 375 c. 2 BR, 1 BA 1 380 4 397 2 384 2 374 1 380 10 386 d. 2 BR, 2 BA 1 380 7 407 8 404 e. Totals 26-30%12 5 3 1 21 2 2 1 47 4. VERY LOW: 31-35% OF MEDIAN a. Studio 2 379 2 379 b. 1 BR, 1 BA 7 439 2 415 1 449 9 443 19 439 c. 2 BR, 1 BA 2 460 3 475 1 534 1 431 7 473 d. 2 BR, 2 BA 2 488 12 493 14 492 e. Totals 31-35%7 4 3 2 24 1 0 1 42 5. VERY LOW: 36-40% OF MEDIAN a. Studio 1 466 1 466 b. 1 BR, 1 BA 6 511 5 504 11 508 c. 2 BR, 1 BA 1 503 6 569 2 565 3 548 12 557 d. 2 BR, 2 BA 2 537 14 561 16 558 e. Totals 36-40%6 1 1 2 25 2 0 3 40 6. VERY LOW: 41-45% OF MEDIAN a. Studio 1 530 1 530 b. 1 BR, 1 BA 7 607 5 553 10 573 22 579 c. 2 BR, 1 BA 3 662 3 621 3 647 9 643 d. 2 BR, 2 BA 2 652 7 640 9 643 e. Totals 41-45%7 1 5 2 20 3 3 0 41 7. VERY LOW: 46-50% OF MEDIAN a. Studio 5 585 1 598 6 588 b. 1 BR, 1 BA 13 669 2 637 8 652 23 660 c. 2 BR, 1 BA 1 732 2 740 10 719 6 731 5 719 24 724 d. 2 BR, 2 BA 2 702 11 714 13 712 e. Totals 46-50%13 6 5 2 29 6 5 0 66 Total very low =64 31 26 16 192 20 13 6 368 ·Percent of total 45.71%50.00%56.52%69.57%50.79%57.14%68.42%37.50%51.18% 8. LOWER: 51-55% OF MEDIAN a. Studio 0 - b. 1 BR, 1 BA 7 741 1 732 5 730 13 736 c. 2 BR, 1 BA 2 816 5 807 3 828 2 763 12 806 d. 2 BR, 2 BA 2 816 10 797 12 800 e. Totals 51-55%7 1 2 2 20 3 2 0 37 9. LOWER: 56-60% OF MEDIAN a. Studio 1 721 1 721 b. 1 BR, 1 BA 14 799 1 805 11 794 26 797 c. 2 BR, 1 BA 4 872 1 908 5 852 1 893 1 898 12 871 d. 2 BR, 2 BA 10 887 10 887 e. Totals 56-60%14 2 4 0 22 5 1 1 49 NEIGHBORS Mar-23 4/3/2023 CALIFORNIA VILLAS DESERT POINTE LAGUNA PALMS ONE QUAIL PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS 04/03/2023 Page 1 of 4 Rpt #1 Multi-Family 3.23Item 6D-6 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT "MULTI-FAMILY"141 UNITS 64 UNITS 48 UNITS 24 UNITS 384 UNITS 36 UNITS 20 UNITS 16 UNITS 733 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR NEIGHBORS CALIFORNIA VILLAS DESERT POINTE LAGUNA PALMS ONE QUAIL PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS 10. LOWER: 61-65% OF MEDIAN a. Studio 3 724 1 785 4 739 b. 1 BR, 1 BA 11 862 1 776 1 886 11 837 24 848 c. 2 BR, 1 BA 1 859 1 867 7 899 3 975 2 924 14 914 d. 2 BR, 2 BA 14 954 14 954 e. Totals 61-65%11 5 3 0 32 3 0 2 56 11. LOWER: 66-70% OF MEDIAN a. Studio 1 1,018 1 908 2 963 b. 1 BR, 1 BA 4 1,154 1 1,133 5 1,103 10 1,126 c. 2 BR, 1 BA 5 1,153 2 1,161 1 1,137 8 1,153 d. 2 BR, 2 BA 10 1,190 10 1,190 e. Totals 66-70%4 2 1 0 20 2 1 0 30 12. LOWER: 71-75% OF MEDIAN a. Studio 3 949 3 949 b. 1 BR, 1 BA 7 1,128 2 1,102 9 1,122 c. 2 BR, 1 BA 2 1,400 1 1,385 1 1,390 4 1,394 d. 2 BR, 2 BA 2 1,230 5 1,368 7 1,328 e. Totals 71-75%7 3 0 2 9 0 1 1 23 13. LOWER: 76-80% OF MEDIAN a. Studio 2 966 1 908 3 947 b. 1 BR, 1 BA 7 1,115 2 1,056 9 1,102 c. 2 BR, 1 BA 3 1,434 1 1,385 1 1,312 5 1,400 d. 2 BR, 2 BA 6 1,359 6 1,359 e. Totals 76-80%7 2 1 0 11 1 0 1 23 Total lower =50 15 11 4 114 14 5 5 218 ·Percent of total 35.71%24.19%23.91%17.39%30.16%40.00%26.32%31.25%30.32% 14. MODERATE: 81-120% OF MEDIAN a. Studio 5 956 5 956 b. 1 BR, 1 BA 25 1,151 8 1,116 3 1,161 27 1,126 63 1,136 c. 2 BR, 1 BA 1 1,509 2 1,509 6 1,423 17 1,438 1 1,509 1 1,509 5 1,451 33 1,448 d. 2 BR, 2 BA 1 1,509 3 1,452 28 1,439 32 1,443 Total moderate =26 16 9 3 72 1 1 5 133 Percent of total 18.57%25.81%19.57%13.04%19.05%2.86%5.26%31.25%18.50% 15. Total units occupied:140 62 46 23 378 35 19 16 719 16. Occupancy rate =99%97%96%96%98%97%95%100%98% NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit type at that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 99% 04/03/2023 Page 2 of 4 Rpt #1 Multi-Family 3.23Item 6D-7 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT REPORTING MONTH: REPORT DATE:REPORTED BY:TERESA VAKILI "SENIOR PROPERTIES"30 UNITS 73 UNITS 72 UNITS 27 UNITS 150 UNITS 15 UNITS 14 UNITS 381 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR 1. VERY LOW: 20% OF MEDIAN a. Studio 1 291 4 192 3 215 8 213 b. 1 BR, 1 BA 2 208 1 328 1 222 4 247 4 230 12 239 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 20%2 2 5 4 7 0 0 20 2. VERY LOW: 21-25% OF MEDIAN a. Studio 8 328 15 253 18 284 41 281 b. 1 BR, 1 BA 3 260 1 295 4 318 5 312 2 297 1 259 16 297 c. 2 BR, 1 BA 1 322 1 322 d. 2 BR, 2 BA 0 - e. Totals 21-25%4 8 16 4 23 2 1 58 3. VERY LOW: 26-30% OF MEDIAN a. Studio 8 413 5 314 14 361 27 368 b. 1 BR, 1 BA 1 372 4 362 5 397 4 398 2 354 2 352 18 378 c. 2 BR, 1 BA 1 377 1 377 d. 2 BR, 2 BA 0 - e. Totals 26-30%2 8 9 5 18 2 2 46 4. VERY LOW: 31-35% OF MEDIAN a. Studio 7 460 4 366 8 423 19 425 b. 1 BR, 1 BA 7 433 2 541 6 423 3 464 7 458 2 417 3 423 30 445 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 31-35%7 9 10 3 15 2 3 49 5. VERY LOW: 36-40% OF MEDIAN a. Studio 6 561 5 453 12 501 23 506 b. 1 BR, 1 BA 2 514 1 655 3 494 2 524 4 565 2 486 14 532 c. 2 BR, 1 BA 1 567 1 567 d. 2 BR, 2 BA 0 - e. Totals 36-40%3 7 8 2 16 2 0 38 6. VERY LOW: 41-45% OF MEDIAN a. Studio 7 634 5 505 8 562 20 573 b. 1 BR, 1 BA 5 531 1 654 1 586 9 604 4 554 1 586 21 578 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 41-45%5 8 6 0 17 4 1 41 7. VERY LOW: 46-50% OF MEDIAN a. Studio 9 708 2 585 7 636 18 666 b. 1 BR, 1 BA 2 629 2 783 2 629 1 706 5 719 3 641 15 687 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 46-50%2 11 4 1 12 0 3 33 Total very low =25 53 58 19 108 12 10 285 ·Percent of total 89.29%75.71%84.06%70.37%75.52%85.71%71.43%78.08% 8. LOWER: 51-55% OF MEDIAN a. Studio 3 771 3 594 3 692 9 686 b. 1 BR, 1 BA 2 732 1 901 1 732 2 811 1 734 7 779 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 51-55%2 4 4 0 5 1 0 16 9. LOWER: 56-60% OF MEDIAN a. Studio 1 625 4 760 5 733 b. 1 BR, 1 BA 2 805 3 823 1 805 6 814 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 56-60%0 0 3 0 7 0 1 11 Mar-23 4/3/2023 PUEBLOS TOTALS SAGE CREST SR.CANDLEWOOD LAS SERENASCARLOS ORTEGA LA ROCCA VILLASCATALINA 04/03/2023 Page 3 of 4 Rpt #1 Senior 3.23Item 6D-8 REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT "SENIOR PROPERTIES"30 UNITS 73 UNITS 72 UNITS 27 UNITS 150 UNITS 15 UNITS 14 UNITS 381 UNITS OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR OCC AR PUEBLOS TOTALS SAGE CREST SR.CANDLEWOOD LAS SERENASCARLOS ORTEGA LA ROCCA VILLASCATALINA 10. LOWER: 61-65% OF MEDIAN a. Studio 4 920 3 880 7 903 b. 1 BR, 1 BA 1 776 2 815 1 975 1 778 1 878 6 840 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 61-65%0 4 1 2 4 1 1 13 11. LOWER: 66-70% OF MEDIAN a. Studio 5 1,132 1 1,005 2 1,135 8 1,117 b. 1 BR, 1 BA 1 1,021 1 1,133 2 1,077 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 66-70%0 5 2 0 2 0 1 10 12. LOWER: 71-75% OF MEDIAN a. Studio 3 1,138 2 1,090 5 1,119 b. 1 BR, 1 BA 2 1,175 1 1,385 1 1,133 4 1,217 c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 71-75%0 3 0 2 3 0 1 9 13. LOWER: 76-80% OF MEDIAN a. Studio 3 1,135 3 1,135 b. 1 BR, 1 BA 0 - c. 2 BR, 1 BA 0 - d. 2 BR, 2 BA 0 - e. Totals 76-80%0 0 0 0 3 0 0 3 Total lower =2 16 10 4 24 2 4 62 Percent of total 7.14%22.86%14.49%14.81%16.78%14.29%28.57%16.99% 14. MODERATE: 81-120% OF MEDIAN a. Studio 1 1,062 8 1,140 9 1,132 b. 1 BR, 1 BA 4 1,182 3 1,411 7 1,280 c. 2 BR, 1 BA 1 1,509 1 1,509 d. 2 BR, 2 BA 1 1,509 1 1,509 Total moderate =1 1 1 4 11 0 0 18 Percent of total 3.57%1.43%1.45%14.81%7.69%0.00%0.00%4.93% 15. Total units occupied:28 70 69 27 143 14 14 365 16. Occupancy rate =93%96%96%100% 95%93%100%96%NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit typeat that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 98% 04/03/2023 Page 4 of 4 Rpt #1 Senior 3.23Item 6D-9 REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Mar-23 "MULTI-FAMILY PROPERTIES"REPORTED BY: Teresa Vakili REPORT DATE: 4/3/2023 CALIFORNIA DESERT LAGUNA ONE QUAIL PALM SANTA TAOS MONTHLY INCOME LEVEL AVAILABLE VILLAS POINTE PALMS PLACE VILLAGE ROSA PALMS TOTALS OF OCCUPANT UNITS 141 64 48 24 384 36 20 16 733 REVENUE VERY LOW Up to 50% Occupied units 64 31 26 16 192 20 13 6 368 Total rental income 29,092 11,531 11,500 7,169 86,210 10,367 6,935 2,668 165,472 Per occupied unit 455 372 442 448 449 518 533 445 450 LOWER: 51% --> 80% Occupied units 50 15 11 4 114 14 5 5 218 Total rental income 46,172 12,995 9,474 4,092 112,615 13,376 4,941 5,448 209,113 Per occupied unit 923 866 861 1,023 988 955 988 1,090 959 MODERATE: 81% --> 120% Occupied units 26 16 9 3 72 1 1 5 133 Total rental income 30,284 18,235 12,021 4,356 95,140 1,509 1,509 7,255 170,309 Per occupied unit 1,165 1,140 1,336 1,452 1,321 1,509 1,509 1,451 1,281 Summary Income: Rental 105,548 42,761 32,996 15,617 293,965 25,252 13,385 15,371 544,895 Other Income: Laundry 358 - - 194 - 567 - 158 1,277 Other (1,179) (5,282) - (1,995) 5,039 (1,049) (1,400) (3,079) (8,945) Total Operating Income 104,727 37,479 32,996 13,816 299,004 24,770 11,985 12,450 537,227 Occupied Units 140 62 46 23 378 35 19 16 719 Income per occupied unit 748 605 717 601 791 708 631 778 747 EXPENSES Operating Expenses: Payroll 31,286 15,709 15,483 5,567 112,876 8,387 6,979 4,370 200,658 Per occupied unit 223 253 337 242 299 240 367 273 279 Administrative 9,074 3,761 3,380 1,357 32,386 8,985 1,010 991 60,944 Per occupied unit 65 61 73 59 86 257 53 62 85 Advertising/Promotion - - - - 86 - - - 86 Per occupied unit - - - - 0 - - - 0 Contract Services 5,538 2,607 4,001 1,767 12,402 1,711 1,641 1,376 31,044 Per occupied unit 40 42 87 77 33 49 86 86 43 Utility Services 18,557 4,819 8,032 1,802 43,777 3,997 2,533 1,377 84,893 Per occupied unit 133 78 175 78 116 114 133 86 118 Maintenance 15,228 7,523 13,244 3,003 56,633 7,381 6,938 1,228 111,178 Per occupied unit 109 121 288 131 150 211 365 77 155 Replacement expense 3,250 2,719 3,419 - 46,017 1,761 3,420 125,680 186,266 Per occupied unit 23 44 74 - 122 50 180 7,855 259 Capital expense - - - - - - - - - Per occupied unit - - - - - - - - - Total Operating Expenses 82,933 37,139 47,558 13,497 304,178 32,221 22,521 135,021 675,068 Per occupied unit 592 599 1,034 587 805 921 1,185 8,439 939 Summary Revenue and Expenses Total Operating Income 104,727 37,479 32,996 13,816 299,004 24,770 11,985 12,450 537,227 Total Operating Expenses 82,933 37,139 47,558 13,497 304,178 32,221 22,521 135,021 675,068 Monthly Net Operating Income 21,794 340 (14,562) 320 (5,174) (7,451) (10,536) (122,571) (137,842) Per occupied unit 156 5 (317) 14 (14) (213) (555) (7,661) (192) FYTD Net Operating Income* 276,143 87,364 (1,967) 31,204 932,675 63,078 4,735 21,811 1,415,043 Previous Fiscal Year NOI (6/30/2022)*332,813 91,677 51,871 26,170 1,055,463 81,422 (1,445) 8,946 1,646,918 NEIGHBORS * For comparison purposes, Net Operating Income YTD excludes all capital expenditures and corresponding reimbursement, as those are typically paid from replacement reserve funds and/or bond funds at this time (not PDHA revenue). 04/03/2023 Page 1 of 2 Rpt #2 Multi-Family 3.23 Item 6D-10 REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT: REPORTING MONTH:Mar-23 "SENIOR PROPERTIES"REPORTED BY: Teresa Vakili REPORT DATE: 4/3/2023 CANDLEWOOD CARLOS CATALINA LA ROCCA LAS PUEBLOS SAGECREST MONTHLY INCOME LEVEL AVAILABLE ORTEGA GARDENS VILLAS SERENAS SR.TOTALS OF OCCUPANT UNITS 30 73 72 27 150 15 14 381 REVENUE VERY LOW: Up to 50% Occupied units 25 53 58 19 108 12 10 285 Total rental income 10,806 27,900 21,386 7,391 47,724 5,324 4,741 125,272 Per occupied unit 432 526 369 389 442 444 474 440 LOWER: 51% --> 80% Occupied units 2 16 10 4 24 2 4 62 Total rental income 1,464 15,968 7,551 3,980 22,062 1,512 3,949 56,486 Per occupied unit 732 998 755 995 919 756 987 911 MODERATE: 81% --> 120% Occupied units 1 1 1 4 11 - - 18 Total rental income 1,509 1,509 1,062 4,728 13,353 22,161 Per occupied unit 1,509 1,509 1,062 1,182 1,214 1,231 Summary Income: Rental 13,779 45,377 29,999 16,099 83,139 6,836 8,690 203,919 Other Income: Laundry - 69 39 9 413 - - 531 Other 283 (360) 636 (326) 3,737 46 - 4,016 Total operating income 14,062 45,086 30,674 15,782 87,289 6,882 8,690 208,465 Occupied Units 28 70 69 27 143 14 14 365 Income per occupied unit 502 644 445 585 610 492 621 571 EXPENSES Operating Expenses: Payroll 8,295 22,723 19,152 8,532 24,709 5,052 3,530 91,994 Per occupied unit 296 325 278 316 173 361 252 252 Administrative 3,523 7,965 4,246 1,342 9,388 976 708 28,147 Per occupied unit 126 114 62 50 66 70 51 77 Advertising/promotion - - - - - - - - Per occupied unit - - - - - - - - Contract services 2,261 11,934 3,482 2,168 7,189 1,153 1,723 29,910 Per occupied unit 81 170 50 80 50 82 123 82 Utility services 6,159 9,369 9,002 2,642 20,487 1,687 1,708 51,054 Per occupied unit 220 134 130 98 143 121 122 140 Maintenance 5,574 10,870 8,060 2,990 16,897 3,734 286 48,411 Per occupied unit 199 155 117 111 118 267 20 133 Replacement expense 695 3,500 869 1,875 20,875 - - 27,814 Per occupied unit 25 50 13 69 146 - - 76 Capital expense - - - - - - - - Per occupied unit - - - - - - - - Total Operating Expenses 26,508 66,361 44,811 19,549 99,545 12,602 7,955 277,331 Per occupied unit 947 948 649 724 696 900 568 760 Summary Revenue and Expenses Total Operating Income 14,062 45,086 30,674 15,782 87,289 6,882 8,690 208,465 Total Operating Expenses 26,508 66,361 44,811 19,549 99,545 12,602 7,955 277,331 Monthly Net Operating Income (12,446) (21,274) (14,137) (3,767) (12,255) (5,720) 735 (68,865) Per occupied unit (444) (304) (205) (140) (86) (409) 52 (189) FYTD Net Operating Income* (23,060) 50,942 (52,417) (34,988) 230,759 (10,579) 4,566 165,223 Previous Fiscal Year NOI (6/30/2022)* (22,296) 123,967 (43,854) (16,993) 246,684 (18,760) 6,905 275,653 * For comparison purposes, Net Operating Income YTD excludes all capital expenditures and corresponding reimbursement, as those are typically paid from replacement reserve funds and/or bond funds at this time (not PDHA revenue) 03/01/2023 Page 2 of 2 Rpt #2 Senior 3.23 Item 6D-11 Palm Desert Housing Authority Project Report April 2023 1 California Villas - 141 Units 77-107 California Drive • Completed one (1) make ready unit which includes painting, cleaning and maintenance • Refinished kitchen counter, tub and enclosure in units #B-12 and #D-13 • Installed gas regulator to the gas line outside of units #I-3 and #I-4 • Replaced three (3) trees near the pool area • Repaired slab leak in the bathroom of unit #H-1 • Cleaned and detailed pool, exterior light fixtures, dumpsters and enclosures • Cleaned debris and leaves around sidewalks, parking lots and carports 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 39 0 / 0 1 / 0 0 0 Candlewood - 30 Units 74-000 Shadow Mountain Drive • Replaced seasonal color plants by the main entrance and pool area • Repaired pool heater, replaced header gasket and cleaned burner tray • Checked all fire extinguishers • Cleaned debris and leaves around parking lots and carports • Cleaned and detailed top railings, elevator, pools, laundry room, dumpsters and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 22 0 / 0 0 / 0 0 0 Carlos Ortega Villas – 73 Units 77-915 Avenue of the States • Completed two (2) make ready units which include painting, cleaning and maintenance • Annual cleaning of Carlos Ortega mosaic mural • Replaced shower tiles separating at grout joints in the shower of units #106 and #1002 due to improper installation • Installed fire alarm with strobe light in unit #106, reasonable accommodation • Added refrigerant for A/C in unit #402, coil was leaking and needed to be replaced • Painted red curbs • Detailed clubhouse, office, pool and laundry rooms • Cleaned debris and leaves around sidewalks, parking lots and carports 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 57 0 / 0 2 / 0 0 0 Item 6D-12 Palm Desert Housing Authority Project Report April 2023 2 Catalina Gardens - 72 Units 73-600 Catalina Way • Installed a new gas valve pilot assembly kit in unit #C-1 • Annual inspection of all fire extinguishers • Installed new pool signage • Installed new security lights at the mailboxes • Detailed office, clubhouse, pool, restrooms, mailboxes and laundry room • Cleaned debris and leaves around walkways, carports, dumpster and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 30 0 / 0 1 / 0 3 1 Desert Pointe - 64 Units 43-805 Monterey Avenue • Detailed laundry rooms • Refinished vanity and tub in unit #8 • Replaced failing concrete in step for stairs to units #53 and #55 • Replaced sliding glass door in unit #37 • Repaired broken washing machine door for laundry room A • Cleaned and detailed workshop, mailbox area, pool area and furniture • Cleaned debris and leaves around walkways, dumpster area, parking lots and carports 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 8 0 / 0 0 / 0 0 0 Laguna Palms - 48 Units 73-875 Santa Rosa Way • Repaired and refinished tub and enclosure in the bathroom of occupied unit #43 • Adjusted pressure regulator due to low water pressure in unit #24 • Replaced missing plants throughout the property • Cleaned and checked all light fixtures throughout the property • Cleaned and detailed laundry, pool area, dumpsters and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 4 0 / 0 0 / 0 0 0 Item 6D-13 Palm Desert Housing Authority Project Report April 2023 3 La Rocca Villas - 27 Units 72-135 Golden Eagle Lane • Detailed clubhouse, restrooms and laundry room • Cleaned walkways, benches, lamp posts, exterior light fixtures and carports throughout the property • Cleaned debris and leaves around walkways, dumpster areas, parking lots and carports 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 17 0 / 0 0 / 0 0 0 Las Serenas - 150 Units 73-315 Country Club Drive • Completed one (1) make ready unit which includes painting, cleaning and maintenance • Removed acoustic ceiling in units #134, #166 and #190. Renovations are still in progress • Replaced water heater for unit #177 • Annual fire safety inspection • Painted exterior of the office entrance • Cleaned office, clubhouse, pool furniture, laundry and restrooms • Cleaned debris and leaves in carports and throughout the property • Cleaned and detailed lamp posts, exterior light fixtures, dumpsters and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 60 0 / 0 0 / 1 1 2 Neighbors - 24 Units 73-535 Santa Rosa Way • Completed one (1) make ready unit which includes painting, cleaning, and maintenance • Unclogged main drains to units #14, #16 and #17 • Touch-up painted stairs and railings throughout the property • Cleaned and detailed pool, stairs, exterior light fixtures, dumpsters and enclosures • De-webbed, cleaned debris and leaves throughout the property 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 3 0 / 0 0 / 0 0 0 Item 6D-14 Palm Desert Housing Authority Project Report April 2023 4 One Quail Place - 384 Units 72-600 Fred Waring Dr. • Completed three (3) make ready units which include painting, cleaning, and maintenance • Repaired and refinished kitchen counter, tub and enclosure in units #2710, #3408 and #4002 • A/C repair in unit #2403, replaced blower motor • Installed new joist in the bedroom and living room of unit #1914 due to sagging and failing roof framing • Installed a grab bar in the bathroom of unit #902, reasonable accommodation • Water damage remediation in unit #403 and temporarily transferred the resident from unit #401 to unit #2710 • Installed new recessed LED lighting, kitchen cabinet and counter top at Headstart building • Installed shades for the windows in the leasing office • Replaced circulation pump motor for spa #2 • Installed missing plants throughout the property • Replaced wheel stops around the parking areas • Installed eight (8) new mailboxes on location #2, which were previously vandalized • Detailed laundry rooms • De-webbed, cleaned debris and leaves throughout the property • Cleaned and detailed boiler area, pools, sidewalks, parking areas, dumpsters and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 132 0 / 0 3 / 2 5 4 Palm Village - 36 Units 73-650 Santa Rosa Way • Detailed laundry • Replaced old pad and carpet in the living room of occupied unit #318 • Five year inspection for all fire sprinklers • Annual maintenance for all fire extinguishers • Replaced missing plants throughout the property • Cleaned and checked all light fixtures throughout the property • Cleaned and detailed stairs, dumpster areas and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 15 1 / 0 0 / 0 0 0 Item 6D-15 Palm Desert Housing Authority Project Report April 2023 5 Pueblos - 15 Units 73-695 Santa Rosa Way • Detailed laundry room • Repaired slab leak in the living room of unit #111, capped off the leak that was coming from the irrigation line and replaced the malfunctioned valve. Replaced water damaged drywall and padding in the living room and steam cleaned the carpet • Painted pool decks and fencing • Irrigation repair by the laundry room • Checked all fire extinguishers • Cleaned and detailed pool, pool furniture, dumpster area and enclosures • De-webbed and cleaned debris and leaves throughout property 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 50 0 / 1 0 / 0 0 0 Sage Crest Senior - 14 Units 73-811 Santa Rosa Way • Detailed elevator and 10 year service oil change • Checked all fire extinguishers • Power washed dumpster area and enclosures • De-webbed and cleaned debris and leaves throughout the property 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 5 0 / 0 0 / 0 0 0 Santa Rosa – 20 Units 73-625 Santa Rosa Way • Completed one (1) make ready unit which includes painting, cleaning, and maintenance • Detailed laundry room • Repaired and refinished kitchen counter, vanity, tub and enclosure in unit #8 • Replaced broken laundry door room knob and lock • Repaired leak behind the shower wall in unit #2. Moisture remediation in unit #2 after the repair job was completed and test result came clear • Cleaned stairs throughout property • De-webbed, cleaned debris and leaves around parking lots, dumpster area and enclosures 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 10 0 / 0 0 / 0 1 0 Item 6D-16 Palm Desert Housing Authority Project Report April 2023 6 Taos Palms - 16 Units 44-830 Las Palmas • Exterior renovation replacing trellis, restucco and paint in progress • Replaced sections of pool fencing due to deterioration and installed three (3) post base plates and anchor bolts • Cleaned and checked all light fixtures throughout the property • Cleaned and detailed roofs, dumpster areas and enclosures • De-webbed, cleaned debris and leaves throughout the property 03/31/23 # of Service Request(s) #Carpet/Vinyl Replacement Service Request(s) #Carpet/Vinyl Replacement Move Out(s) #Appliance(s) Replacement Service Request(s) #Appliance(s) Replacement Move Out(s) 7 0 / 0 0 / 0 0 0 03/31/23 TOTALS # of Service Request(s) TOTALS #Carpet/Vinyl Replacement Service Request(s) TOTALS #Carpet/Vinyl Replacement Move Out(s) TOTALS #Appliance(s) Replacement Service Request(s) TOTALS #Appliance(s) Replacement Move Out(s) 459 1 / 1 7 / 3 10 7 Item 6D-17 Item 6D-18 Item 6D-19 Item 6D-20 Item 6D-21 Item 6D-22 Item 6D-23 Item 6D-24 Item 6D-25 Item 6D-26 CITY OF PALM DESERT ATTENDANCE REPORT Advisory Body: Prepared By: Year 2023 2023 2023 2023 2023 2022 2022 2022 2022 2022 2022 Month May Apr Mar Feb Jan Dec Nov Oct Sept Aug Jul Date - 26 8 8 11 14 9 12 14 10 13 Buller, Jan -P P P -P P P P -P 0 0 Morrison, Melody -P P P -P P P P -P 0 0 Ballard, Gregory -P P P -E E E E -P 4 0 Armstrong, Blair -A A A -A P A P -P 5 5 Bauer, Kathleen -P P P -P E P P -P 1 0 Palm Desert Municipal Code 2.34.010: Present Absent Excused No meeting Present Remote Monthly: Three unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet monthly. Housing Commission Monique Lomeli Total Absences Total Unexcused Absences Item 6E-1