HomeMy WebLinkAbout2024-06-12 HC Regular Meeting Agenda Packet
HOUSING COMMISSION
CITY OF PALM DESERT
REGULAR MEETING AGENDA
Wednesday, June 12, 2024
3:30 p.m.
Administrative Conference Room, City Hall
73-510 Fred Waring Drive
Palm Desert, CA 92260
Pursuant to Assembly Bill 2449, this meeting will be conducted as a hybrid meeting and there will be
in-person access to this location.
To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/82626679090 or
call (213) 338-8477, Zoom Meeting ID: 826 2667 9090
•
Written public comment may also be submitted to cityclerk@palmdesert.gov. E-mails
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.
•
Pages
1.CALL TO ORDER
2.ROLL CALL
3.NONAGENDA PUBLIC COMMENTS
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. Speakers may
utilize one of the three options listed on the first page of the agenda. Because
the Brown Act does not allow the Housing 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
Agenda within the three-minute time limit. Individual items may be removed by
the Housing Commission for a separate discussion.
RECOMMENDATION:
To approve the consent calendar as presented.
4.a APPROVAL OF MINUTES 7
RECOMMENDATION:
Approve the Minutes of May 8, 2024.
5.CONSENT ITEMS HELD OVER
6.ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time
limit. Speakers may utilize one of the three options listed on the first page of the
agenda.
6.a RATIFICATION OF MULTIPLE VENDOR CONTRACTS FOR ADDITIONAL
SERVICES FOR THE HOUSING AUTHORITY PROPERTIES, IN THE
AGGREGATE AMOUNT NOT TO EXCEED $124,729.
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RECOMMENDATION:
Recommend the Palm Desert Housing Authority Board:
Ratify the authorization of an increase to Garland/DBS, Inc.,
Southwest Protective Services, Inc. and Victor G. Peloquin dba
Exclusive Pest Control Services, contracts for additional services in
the amount of $72,000, $37,116, $15,613, respectively in Fiscal
Year 2023/2024, to support the operations at the Housing Authority
properties in the aggregate amount not to exceed $124,729.
1.
Authorize an increase in the annual not to exceed amount of
$25,000 for Victor G. Peloquin dba Exclusive Pest Control Services
for the remaining contract term.
2.
Authorize the Executive Director or his designee to take any
necessary actions to facilitate execution of amended agreements
with the multiple vendors and any documents necessary to
effectuate the actions taken herewith.
3.
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6.b RECOMMEND APPROVAL TO AWARD CONTRACT TO WEST COAST
ARBORISTS, INC. FOR ARBORICULTURAL SERVICES
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RECOMMENDATION:
Recommend that the Palm Desert Housing Authority Board:
Approve award of contract to West Coast Arborists, Inc., of Indio,
California, for arboricultural services for the City of Palm Desert,
Desert Willow Golf Resort, and the Palm Desert Housing Authority,
for a term of three years with two optional one-year extensions in an
annual amount not to exceed $1,114,125.
1.
Authorize staff to assign additional services/extra work as
determined to be necessary to perform emergency work, mitigate
hazardous conditions and proactively respond to unforeseen
issues.
2.
Authorize the City Manager or designee to review and approve
written contract amendments and change order requests for
unanticipated conditions per Section 3.30.170 of the Palm Desert
Municipal Code; and,
3.
Authorize the City Manager to execute the said agreement.4.
6.c APPROVAL OF AGREEMENT WITH SID’S CARPET BARN, INC., FOR
FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY
PROPERTIES FOR FY 2024/2025
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RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board:
Authorization to use Engineered Floors, LLC. (dba J + J Flooring)
(“Engineered Floors”), an Omnia Partners (“Omnia”) national
government cooperative contract holder for flooring and outdoor
surfaces solutions, contract 02-146, at the Palm Desert Housing
Authority (“Authority”) properties pursuant to Section 3.30.160(E) of
the Palm Desert Municipal Code.
1.
Approval to enter into an agreement with Sid’s Carpet Barn, Inc.
(aka Curtis Allan Floorcovering, Inc.), (“Sid’s Carpet”), an
authorized installer of Engineered Floors, for procurement and
installation of floor coverings and related supplies and services at
the Authority’s properties for a term of one (1) year with an option to
renew the agreement for no more than four additional one-year
terms in an annual amount not to exceed $175,000.
2.
Authorization for the Executive Director, or his designee, to execute
the agreement, approve written contract amendments and change
order requests for unanticipated conditions per Section 3.30.170 of
the Palm Desert Municipal Code, and take any necessary actions to
facilitate execution of agreement with Sid’s Carpet and any
documents necessary to effectuate the actions taken herewith.
3.
7.INFORMATIONAL REPORTS & COMMENTS
7.a SUMMARY OF CITY COUNCIL AND HOUSING AUTHORITY ACTIONS
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7.b FGA MONTHLY REPORTS 179
RECOMMENDATION:
Receive and file Palm Desert Housing Authority property reports from
Falkenberg/Gilliam & Associates for the month of March 2024.
7.c HOUSING COMMISSIONERS
7.d CITY COUNCIL LIAISON
7.e CITY STAFF
7.e.1 HOME IMPROVEMENT PROGRAM MONTHLY ACTIVITY REPORT
FOR APRIL 2024
201
RECOMMENDATION:
Receive and file Palm Desert Housing Authority Home Improvement
Program activity report for the month of April 2024.
7.f ATTENDANCE REPORT 205
8.ADJOURNMENT
The next Regular Meeting will be held on July 10, 2024, at 3:30 p.m.
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9.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, Palm Desert Civic Center, 73-510 Fred Waring Drive,
Palm Desert. Staff reports for all agenda items considered in open session, 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.
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
Senior Deputy Clerk
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HOUSING COMMISSION
CITY OF PALM DESERT
REGULAR MEETING MINUTES
May 8, 2024, 3:30 p.m.
Present: Commissioner Olivia Docken, Commissioner Dominic Moore,
Commissioner Melody Morrison, Vice Chair Franchon-Marie
Siddiq, Chair Kathleen Bauer
Absent: Commissioner Jann Buller
Staff Present: Housing Manager Jessica Gonzales, Management Analyst Celina
Cabrera, Senior Administrative Assistant Damian Olivares,
Community Services Manager Shawn Muir, Recording Secretary
Michelle Nance
Liaison(s) Present: Councilmember Kathleen Kelly
1. CALL TO ORDER
A Regular Meeting of the Housing Commission was called to order by Chair Bauer on
May 8, 2024, at 3:37 p.m. in the Administrative Conference Room, City Hall, located at
73-510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
3. NON-AGENDA PUBLIC COMMENTS
4. CONSENT CALENDAR
Motion by: Chair Bauer
Seconded by: Commissioner Docken
To approve the consent calendar, with items 4.b and 4.c pulled for separate discussion.
Motion Carried (6 to 0)
4.a APPROVAL OF MINUTES
Motion by: Chair Bauer
Seconded by: Commissioner Docken
Approve the Minutes of April 10, 2024.
Motion Carried (4 to 0)
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5. CONSENT ITEMS HELD OVER
5.a RESOLUTION TO ESTABLISH PALM DESERT HOUSING COMMISSION
REGULAR MEETING DATES FOR FY 2024/2025
Management Analyst Cabrera presented a Staff Report and responded to
Commissioner inquiries.
Motion by: Commissioner Morrison
Seconded by: Commissioner Docken
Recommend that the Authority Board adopt a Housing Authority Resolution to
establish Palm Desert Housing Commission regular meeting dates for FY
2024/2025.
Motion Carried (5 to 0)
5.b AUTHORIZATION TO USE LOWE’S HOME CENTERS, INC., HOME DEPOT
U.S.A, INC., HD SUPPLY FACILITIES MAINTENANCE, AND SHERWIN
WILLIAMS FOR THE PURCHASE OF MATERIALS, SUPPLIES, PAINT, AND
APPLIANCES FOR PALM DESERT HOUSING AUTHORITY PROPERTIES
FOR FY 2024/2025
Management Analyst Cabrera presented a Staff Report and responded to
Commissioner inquiries.
Motion by: Commissioner Docken
Seconded by: Chair Bauer
Recommend the Palm Desert Housing Authority Board:
1. Authorize the use of Lowe’s Home Centers, Inc. for the reoccurring
purchase of materials, supplies, and appliances by property management,
pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code for FY
2024/2025 in an amount not to exceed $230,000.
2. Authorize the use of Home Depot U.S.A., Inc. for the reoccurring purchase
of materials and supplies, by property management, pursuant to Section
3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025 in an
amount not to exceed $60,000.
3. Authorize the use of HD Supply Facilities Maintenance for the reoccurring
purchase of materials and supplies by property management pursuant to
Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025
in an amount not to exceed $320,000.
4. Authorize the use of The Sherwin-Williams Company for the reoccurring
purchase of paint and supplies by property management pursuant to
Section 3.30.160(E) of the Palm Desert Municipal Code for FY 2024/2025
in an amount not to exceed 80,000.
5. Authorize the disposal and recycling of inefficient, damaged, obsolete, and
non-functioning appliances as appropriate in accordance with EPA
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standards and declare as surplus at the time of removal from the
properties.
Motion Carried (5 to 0)
6. ACTION CALENDAR
6.a AWARD OF A CONTRACT FOR LANDSCAPE MAINTENANCE AREA NO. 3
TO EXCEL LANDSCAPE, INC., CORONA, CALIFORNIA, IN THE ANNUAL
AMOUNT OF $418,680 PLUS REPAIR WORK AND SERVICES FOR AN
ANNUAL AMOUNT NOT TO EXCEED $85,000 (PROJECT NO. MLS00010)
Community Services Manager Muir presented the Staff Report and answered
Commissioner inquiries.
Manny Mendez of Liberty Landscape, Inc. spoke about the current contract held
by Liberty Landscape.
Motion by: Commissioner Docken
Seconded by: Chair Bauer
Recommend the Palm Desert Housing Authority Board:
1. Award a Contract for Landscape Maintenance Area No. 3 to Excel
Landscape, Inc., of Corona, CA, in the annual amount of $418,680;
2. Authorize extra work and services in an annual amount not to exceed
$85,000;
3. Authorize the Executive Director or designee to review and approve
written contract amendment and change order requests for unanticipated
conditions per Section 3.30.170 of the Palm Desert Municipal Code; and,
4. Authorize the Executive Director to execute the said agreement.
NOES (4): Commissioner Moore, Commissioner Morrison, Vice Chair Siddiq,
and Chair Bauer
Motion Fails (1 to 4)
6.b AUTHORIZATION TO USE AND APPROVAL TO ENTER INTO AN
AGREEMENT WITH GARLAND/DBS, INC. FOR ROOF REPAIRS AND
RELATED SERVICES AS PART OF THEIR “DRY ZONE” PROGRAM BASED
ON THE NATIONAL COOPERATIVE AGREEMENT WITH OMNIA PARTNERS
Management Analyst Cabrera presented Staff Report and answered
Commissioner inquiries.
Motion by: Commissioner Morrison
Seconded by: Vice Chair Siddiq
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Recommend the Palm Desert Housing Authority Board:
1. Authorize the use Garland/DBS, Inc., an Omnia Partners, Inc. national
cooperative contract holder, for roof repairs and related services as part of
their “Dry Zone” program pursuant to Section 3.30.160(E) of the Palm
Desert Municipal Code for FY 2024/2025 in an annual amount not to
exceed $75,000 per fiscal year without written approval of the Palm
Desert Housing Authority Board or Executive Director, as applicable. Each
occurrence shall not exceed $3,500.00 per occurrence without written
approval of the Authority’s Representative or his or her designee.
2. Enter into an agreement with Garland/DBS for a term of three (3) years
under the Omnia Partners, Inc. national cooperative agreement R230401
with an option to renew the contract annually for no more than two (2)
additional one-year terms.
3. Authorize the Executive Director, or his designee, to take any necessary
actions to facilitate execution of agreement with Garland/DBS, Inc., and
execute any documents necessary to effectuate the actions taken
herewith.
Motion Carried (5 to 0)
6.c AUTHORIZATION TO USE OF QUILL, LLC., AND NATIONAL SERVICES
COMPANY DBA WAXIE SANITARY SUPPLY FOR THE PURCHASE OF
OFFICE, JANITORIAL, AND SANITARY SUPPLIES FOR THE PALM DESERT
HOUSING AUTHORITY FOR FISCAL YEAR 2024/25
Management Analyst Cabrera presented Staff Report and answered
Commissioner inquiries.
Motion by: Chair Bauer
Seconded by: Commissioner Morrison
Recommend the Palm Desert Housing Authority Board:
1. Authorize the use of Quill, LLC, for the reoccurring purchase of office
supplies for the management of the Housing Authority properties, by
property management, pursuant to Section 3.30.160 (E) of the Palm
Desert Municipal Code in an amount not to exceed $58,600 or Fiscal Year
2024/25.
2. Authorize the use of National Services Company dba Waxie Sanitary
Supply for the reoccurring purchase of janitorial and sanitary supplies, by
property management, for the Housing Authority properties pursuant to
Section 3.30.160 (E) of the Palm Desert Municipal Code in an amount not
to exceed $36,100 for Fiscal Year 2024/25.
Motion Carried (5 to 0)
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7. INFORMATIONAL REPORTS & COMMENTS
7.a SUMMARY OF CITY COUNCIL AND HOUSING AUTHORITY ACTIONS
None.
7.b FGA MONTHLY REPORTS
None.
7.c HOUSING COMMISSIONERS
None.
7.d CITY COUNCIL LIAISON
Councilmember Kelly provided an update on Budget Study Sessions and
expressed gratitude to Staff.
7.e CITY STAFF
7.e.1 HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR MARCH
2024
Housing Manager Gonzales provided an update on the Home
Improvement Program and encouraged Commissioners to visit the City's
website for information regarding upcoming events. No formal action was
taken on this item.
Receive and file the Home Improvement Program Activity Report for
March 2024.
7.f ATTENDANCE REPORT
Report provided; no action taken on this item.
8. ADJOURNMENT
The Housing Commission adjourned at 4:16 p.m.
9. PUBLIC NOTICES
_________________________
Michelle Nance, Deputy Clerk
Recording Secretary
_________________________
Jessica Gonzales, Housing Manager
Secretary
DATE APPROVED BY HOUSING COMMISSION: __/__/____
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Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 12, 2024
PREPARED BY: Jessica Gonzales, Housing Manager
REQUEST: RATIFICATION OF MULTIPLE VENDOR CONTRACTS FOR
ADDITIONAL SERVICES FOR THE HOUSING AUTHORITY
PROPERTIES, IN THE AGGREGATE AMOUNT NOT TO EXCEED
$124,729.
RECOMMENDATION:
Recommend the Palm Desert Housing Authority Board:
1. Ratify the authorization of an increase to Garland/DBS, Inc., Southwest Protective Services,
Inc. and Victor G. Peloquin dba Exclusive Pest Control Services, contracts for additional
services in the amount of $72,000, $37,116, $15,613, respectively in Fiscal Year 2023/2024,
to support the operations at the Housing Authority properties in the aggregate amount not to
exceed $124,729.
2. Authorize an increase in the annual not to exceed amount of $25,000 for Victor G. Peloquin
dba Exclusive Pest Control Services for the remaining contract term.
3. Authorize the Executive Director or his designee to take any necessary actions to facilitate
execution of amended agreements with the multiple vendors and any documents necessary
to effectuate the actions taken herewith.
ATTACHMENTS:
1. Staff Report to the Palm Desert Housing Authority Board
2. Garland draft Amendment No. 2
3. Southwest draft Amendment No. 3
4. Exclusive draft Amendment No. 1
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Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 27, 2024
PREPARED BY: Jessica Gonzales, Housing Manager
REQUEST: RATIFICATION OF MULTIPLE VENDOR CONTRACTS FOR
ADDITIONAL SERVICES FOR THE HOUSING AUTHORITY
PROPERTIES, IN THE AGGREGATE AMOUNT NOT TO EXCEED
$124,729
RECOMMENDATION:
1. Ratify the authorization of an increase to Garland/DBS, Inc., Southwest Protective Services,
Inc., and Victor G. Peloquin dba Exclusive Pest Control Services, contracts for additional
services in the amount of $72,000, $37,116, $15,613, respectively in F iscal Year 2023/24, to
support the operations at the Housing Authority properties in the aggregate amount not to
exceed $124,729.
2. Authorize an increase in the annual not to exceed extra work amount of $25,000 for Victor
G. Peloquin dba Exclusive Pest Control Services for the remaining contract term.
3. Authorize the Executive Director or his designee to take any necessary actions to facilitate
execution of amended agreements with the multiple vendors and any documents necessary
to effectuate the actions taken herewith.
BACKGROUND/ANALYSIS:
The Housing Authority Board approved service contracts with Garland/DBS, Inc . (“Garland”),
Southwest Protective Services, Inc. (“Southwest), and Exclusive Pest Control Services, Inc.
(“Exclusive”) that are currently servicing for ongoing and necessary roof repairs, courtesy patrol,
and pest control (“Services”) at the fifteen Housing Authority properties.
In FY 2023-24, the Executive Director approved extra work expenditures in response to requests
made by the property management company to proactively address issues at the Housing
Authority properties. These expenditures, which consequently resulted in exceeding the original
agreements with the three vendors, are attributed to:
• Unforeseen weather events
• Emergency actions, and
• Treatments that were beyond the regular contracted schedule.
An increase for the extra work component for pest control services is for the treatment of bed
bugs, fleas, termites, bees, etc.
Approval of staff’s recommendation will ratify the authorization of expenditures for the three
vendors in an aggregate contract amounts that do not exceed $124,729 , an amendment and
related actions as approved herein by the Housing Authority Board.
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Palm Desert Housing Authority
Ratification of Multiple Vendor Contracts
Page 2 of 2
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on June 12,
2024. Upon request, a verbal report will be provided.
FINANCIAL IMPACT:
The financial impact of this request is the increase for the additional Services amount for the
multiple vendors listed in an aggregate contract amount that does not exceed $124,729.
Authorization does not require an appropriation and t here is no financial impact to the City’s
General Fund.
ATTACHMENTS:
1. Garland draft Amendment No. 2
2. Southwest draft Amendment No. 3
3. Exclusive draft Amendment No. 1
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Contract No. HA38940
PALM DESERT HOUSING AUTHORITY
AMENDMENT NO. 2 TO THE ROOF REPAIRS AND RELATED SERVICES
BETWEEN THE PALM DESERT HOUSING AUTHORITY AND GARLAND/DBS, INC.
1. Parties and Date.
This Amendment No. 2 to the Roof Repairs and Related Services Agreement is made
and entered into as of this 13th day of June 2024, by and between the Palm Desert Housing
Authority (“Housing Authority”) and Garland/DBS, Inc., a Corporation with its principal place
of business at 3800 East 91st Street, Cleveland, Ohio 44105 (“Contractor”). The Housing
Authority and Contractor are sometimes individually referred to as “Party” and collectively as
“Parties.”
2. Recitals.
2.1 Agreement. The Housing Authority and Contractor have entered into an
agreement entitled Roof Repairs and Related Services Agreement dated June 27, 2019
(“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide
roof repairs and related services (includes costs for roof repairs, permit fees for those repairs
that may require one and other repair related costs) at the Palm Desert Housing Authority
properties.
2.2 Amendment. The Housing Authority and Contractor desire to amend the
Agreement to provide for additional Services compensation.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to
Section 2.3 Compensation of the Agreement.
3. Terms.
3.1 Compensation. Section 2.3 of the Agreement is hereby amended in its entirety
to read as follows:
Contractor shall receive compensation, including authorized reimbursements, for all
Work 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 Forty-Seven Thousand Dollars and Zero Cents ($147,000.00).
However, each occurrence shall not exceed Three Thousand Five Hundred Dollars
and Zero Cents $3,000 without the Housing Authority's written authorization and the
contingency is not part of the base contract and can only be used with written
authorization of the Housing Authority for unforeseen changes or permit fees required.
Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement or as agreed to by
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Contract No. HA38940
Exhibit B –
the Parties in writing. Contractor shall not be reimbursed for any expenses unless
identified in Exhibit "B" or authorized in writing by Housing Authority.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.
2, all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the parties under this Amendment No. 2. From and after the date of this
Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the Agreement,
it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance
of the obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 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 Counterparts. This Amendment No. 2 may be executed in duplicate originals,
each of which is deemed to be an original, but when taken together shall constitute but one
and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. HA38940
Exhibit B –
Scott Craft
Vice President
President
Brian Lambert
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE ROOF REPAIRS AND RELATED
SERVICES BETWEEN THE PALM DESERT HOUSING AUTHORITY AND
GARLAND/DBS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to
the Roof Repairs and Related Services Agreement as of the day and year first above
written.
PALM DESERT HOUSING AUTHORITY
Approved By:
L. Todd Hileman
Executive Director
Attested By:
Anthony J. Mejia
Secretary
Approved As To Form:
By:
Isra Shah
Best Best & Krieger LLP
Special Counsel
GARLAND/DBS, INC.
Signature
Name
Title
Signature
Name
Title
QC: ___________________________
Insurance: __________ __________
Initial Review Final Approval
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Exhibit B – 1
Exhibit B
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Contract No. HA38940
Exhibit B – 2
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Contract No. HA38940
Exhibit B – 3
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Contract No. HA38940
Exhibit B – 4
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Contract No. HA38940
Exhibit B – 5
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Contract No. HA38940
Exhibit B – 6
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CONTRACT NO. HA40360
PALM DESERT HOUSING AUTHORITY
AMENDMENT NO. 3 TO THE COURTESY PATROL SERVICES AGREEMENT
BETWEEN THE PALM DESERT HOUSING AUTHORITY AND SOUTHWEST
PROTECTIVE SERVICE, INC., DBA SOUTHWEST SECURITY, CORP.
1. Parties and Date.
This Amendment No. 3 to the COURTESY PATROL SERVICES AGREEMENT is
made and entered into as of this 13th day of June 2024, by and between the Palm Desert
Housing Authority (“Housing Authority”) and Southwest Protective Service, Inc. dba
Southwest Security, a California corporation with its principal place of business at 45100
Golf Center Parkway, Suite E, Indio, CA 92201 (“Consultant”). The Housing Authority and
Consultant are sometimes individually referred to herein as a “Party” and collectively as the
“Parties.”
2. Recitals.
2.1 Agreement. Housing Authority and Consultant entered into an agreement
titled Courtesy Patrol Services Agreement dated August 27, 2020 (“Agreement” or
“Contract”) for the purpose of retaining the services of consultant to provide Security Patrol
Services for Palm Desert Housing Authority Properties.
2.2 Amendment. Housing Authority and Consultant now desire to amend the
Agreement to provide for additional Services compensation.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to
Sections 3.3.1. and 3.6.14 of the Agreement.
3. Terms.
3.2 Compensation. Section 3.3.1. of the Agreement is hereby amended in its
entirety to read as follows:
3.2.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates
set forth in Exhibit " A" attached hereto and incorporated herein by reference.
The total compensation shall not exceed One Hundred Thirty- Five
Thousand Five Hundred Seventeen Dollars and 20/100 ($135,517.20)
without written approval of the Housing Authority’s Executive Director or his/her
designee. Extra work may be authorized as described below, and if authorized,
will be compensated at the rates and manner set forth in this Agreement Exhibit
A. Contractor shall not perform Extra Work, presume Extra Work will be
guaranteed, nor be compensated for Extra work without written authorization
from the Authority. Work performed as Extra Work shall not exceed in the
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Contract No. HA40360
Page 2 of 4
Revised 11-2-20
BBK 72500.00001\32445060.1
annual amount of thirty-seven thousand one-hundred sixteen dollars
($37,116).
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No.
3 all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the parties under this Amendment No. 3. From and after the date of this
Amendment No. 3, whenever the term “Agreement” or “Contract” appears in the Agreement,
it shall mean the Agreement as amended by this Amendment No. 3.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree
that they have each received adequate and independent consideration for the performance
of the obligations they have undertaken pursuant to this Amendment No. 3.
3.5 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 3 may be executed in duplicate originals,
each of which is deemed to be an original, but when taken together shall constitute but one
and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Contract No. HA40360
Page 3 of 4
Revised 11-2-20
BBK 72500.00001\32445060.1
Jason Jackson
President
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO COURTESY PATROL SERVICES
AGREEMENT BETWEEN THE PALM DESERT HOUSING AUTHORITY
AND SOUTHWEST PROTECTIVE SERVICES, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the
Courtesy Patrol Services Agreement as of the day and year first above written.
PALM DESERT HOUSING AUTHORITY
Approved By:
L. Todd Hileman, Executive Director
Attested By:
Anthony J. Mejia, Secretary
APPROVED AS TO FORM:
By:
Isra Shah
Best, Best & Krieger LLP
Special Counsel
SOUTHWEST PROTECTIVE SERVICES,
INC.
Signature
Name
Title
QC: ____________
Insurance: _________ _________
Initial Review Final Review
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Contract No. HA40360
EXHIBIT "A"
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1
Contract No. HA45200
PALM DESERT HOUSING AUTHORITY
AMENDMENT NO. 1 TO THE GENERAL SERVICES AGREEMENT FOR
PEST CONTROL AND EXTERMINATION SERVICES BETWEEN THE PALM DESERT
HOUSING AUTHORITY AND VICTOR G. PELOQUIN
1. Parties and Date.
This Amendment No. 1 to the General Services Agreement for Pest Control and
Extermination Services is made and entered into as of this 13th day of June 2024, by and
between the Palm Desert Housing Authority (“Housing Authority”) and Victor G. Peloquin dba
Exclusive Pest Control Services, a Sole Proprietor with its principal place of business at 44-
815 San Jose Avenue, Palm Desert, California 92260 (“Contractor”). The Housing Authority
and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. The Housing Authority and Contractor have entered into an
agreement entitled General Services Agreement for Pest Control and Extermination Services
dated May 11, 2023 (“Agreement” or “Contract”) for the purpose of retaining the services of
Contractor for Pest Control and Extermination Services at the Palm Desert Housing Authority
properties.
2.2 Amendment. The Housing Authority and Contractor desire to amend the
Agreement to increase the Extra Work annual not to exceed compensation for additional
Services.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to
Section 2.3 of the Agreement.
3. Terms.
3.1 Compensation. Section 2.3 of the Agreement is hereby amended in its entirety
to read as follows:
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, and shall not exceed the total annual
amount of Sixty-Two Thousand, Five hundred and Eighty Dollars and Zero Cents
($62,580.00). The Housing Authority may request Contractor to perform Extra Work
at the same rates and manner as set forth in this Agreement on an as needed basis
as specified in the Contract (Section 2.1.2) for additional ancillary services. Contractor
shall not perform Extra Work, presume Extra Work will be guaranteed, nor be
compensated for Extra work without written authorization from the Housing Authority.
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Exhibit B-2
Work performed as Extra Work shall not exceed in the annual amount of twenty-five
thousand dollars ($25,000). Contractor shall not be reimbursed for any expenses
unless identified in Exhibit “B” or authorized in writing by Housing Authority.
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all
other provisions of the Agreement remain in full force and effect and shall govern the actions of the
parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever
the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as
amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they
have each received adequate and independent consideration for the performance of the obligations
they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 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 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of
which is deemed to be an original, but when taken together shall constitute but one and the same
instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Exhibit B-3
Victor G. Peloquin
Owner/Operator
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE GENERAL SERVICES
AGREEMENT FOR PEST CONTROL AND EXTERMINATION SERVICES BETWEEN
THE PALM DESERT HOUSING AUTHORITY AND VICTOR G. PELOQUIN.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to
the Roof Repairs and Related Services Agreement as of the day and year first above
written.
PALM DESERT HOUSING AUTHORITY
Approved By:
L. Todd Hileman
Executive Director
Attested By:
Anthony J. Mejia
Secretary
Approved As To Form:
By:
Isra Shah
Best Best & Krieger LLP
City Attorney
VICTOR G. PELOQUIN dba EXCLUSIVE
PEST CONTROL SERVICES
Signature
Name
Title
QC: ___________________________
Insurance: __________ __________
Initial Review Final Approval
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Exhibit B-1
Exhibit B
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Exhibit B-2
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Exhibit B-3
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Exhibit B-4
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Exhibit B-5
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Exhibit B-6
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Exhibit B-7
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Exhibit B-8
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Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 12, 2024
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: RECOMMEND APPROVAL TO AWARD CONTRACT TO WEST COAST
ARBORISTS, INC. FOR ARBORICULTURAL SERVICES
RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board:
1. Approve award of contract to West Coast Arborists, Inc., of Indio, California, for
arboricultural services for the City of Palm Desert, Desert Willow Golf Resort, and the
Palm Desert Housing Authority, for a term of three years with two optional one -year
extensions in an annual amount not to exceed $1,114,125.
2. Authorize staff to assign additional services/extra work as determined to be necessary to
perform emergency work, mitigate hazardous conditions and proactively respond to
unforeseen issues.
3. Authorize the City Manager or designee to review and approve written contract
amendments and change order requests for unanticipated conditions per Section
3.30.170 of the Palm Desert Municipal Code; and,
4. Authorize the City Manager to execute the said agreement.
ATTACHMENTS:
1. Staff Report to the Housing Authority Board
2. Proposal – West Coast Arborists, Inc.
3. Agreement
4. Performance and Payment Bonds
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Page 1 of 2
CITY OF PALM DESERT and PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 13, 2024
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: Award Contract to West Coast Arborists, Inc. for Arboricultural Services
RECOMMENDATION:
1. Award Contract No. _______ to West Coast Arborists, Inc., of Indio, CA for arboricultural
services for the City of Palm Desert, Desert Willow Golf Resort, and the Palm Desert
Housing Authority for a term of three years with two optional one-year extensions in an
annual amount not to exceed $1,114,125.
2. Authorize staff to assign additional services/extra work as determined to be necessary to
perform emergency work, mitigate hazardous conditions and proactively respond to
unforeseen issues.
3. Authorize the City Manager or designee to review and approve written contract
amendment and change order requests for unanticipated conditions per Section 3.30.170
of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the said agreement.
BACKGROUND/ANALYSIS:
The City contracts with an arboricultural services provider for palm tree pruning, broadleaf tree
pruning, emergency removal and tree planting work. The contract is managed by the City and
covers the City’s entire Urban Forest, which includes parks, medians, City -maintained
properties, Desert Willow Golf Resort, and the Palm Desert Housing Authority properties. Palm
tree pruning and hardwood tree pruning will be scheduled annually, consistent with existing
practices. Emergency work due to vandalism, accidents, and other extra work will be performed
on an as-needed and per-request basis. Under this contract, staff will issue work orders for
maintenance and emergency repairs that detail the work to be performed and the time frame to
complete it following the pricing schedule listed in the proposal. City staff will ensure that the
work is up to City standards, and that the total annual contract amount does not exceed the
amounts allotted for the City, Desert Willow, Housing Authority, and Assessment District work.
This contract also includes performing an updated inventory that documents tree species,
location, size, and defects and/or disease. Industry standards recommends updating a City’s
Urban Forest inventory every three to five years. The updated inventory will use the latest
technology to map and manage the Urban Forest, and the selected contractor will be responsible
to update the database with any changes.
On March 5, 2024, Staff issued a Request for Proposals on OpenGov for a three-year contract
with two, one-year options to extend. A mandatory pre-proposal meeting was held on March 12,
2024. West Coast Arborists, Inc. was the only contractor in attendance at the meeting. In order
to solicit additional competitive proposals, Staff organized a second pre -proposal meeting on
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City of Palm Desert and Palm Desert Housing Authority
Award Contract to West Coast Arborists, Inc. for Arboricultural Services
Page 2 of 2
March 20, 2024. Again, West Coast Arborists, Inc. were the only contractor in attendance. On
April 8, 2024 the proposal from West Coast Arborists, Inc. was received through OpenGov.
A selection committee that included three Public Works staff rated the proposals. Based on the
review, staff recommends that a three-year contract with an option of two, one-year extensions
be awarded to West Coast Arborists, Inc.
Commission Recommendation:
The Housing Commission will be considering recommendation of this item at its regular meeting
on June 12, 2024. Staff may provide information regarding the approval of the recommendation
at the City Council and Housing Authority Board meeting on June 13, 2 024.
FINANCIAL IMPACT:
The financial impact of the contract award is the annual amount of the contract. Funds have
been included in the proposed FY 2024/2025 Public Works Operations Budget and the Housing
Authority in the appropriate accounts for each of the areas covered by this contract. There is no
further financial impact to the General Fund from this action.
Staff will allocate the annual not-to-exceed contract amount is $1,114,125 between the City,
Desert Willow and Housing Authority according to actual work performed. The following is the
estimated allocation budget for each account; however, this does not necessarily mean the full
amount will be allocated to each budget nor that the full amount will be spent:
FY 2024-25 Account # Budget Total
Civic Center Park 1104610-4332001 $115,000
Parks 1104611-4332001 $117,500
Medians 1104614-4337001 $450,000
LLDs 200 Accounts $ 76,625
Desert Willow 4414195-4809200 $225,000
Housing Authority Authority’s Operating
Budget Accounts
$130,000
$1,114,125
ATTACHMENTS:
1. Proposal – West Coast Arborists, Inc.
2. Agreement
3. Performance and Payment Bonds
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Request For Proposal #2024-RFP-103
Title: Arboriculture Services
24
10.5. Protest Review and Response
If the protest is timely and complies with the above requirements, the City shall review the protest, any
response from the challenged bidder, proposer or other vendor, and all other relevant information. The
City will provide a written decision to the protester in a reasonable amount of time. If the protest is in
response to a recommendation of award to the City then the protest will be considered concurrently with
the award of the contract, and the approval authority's action is final.
10.6. Conflicts
The protest procedures contained in this section shall not apply if a particular solicitation contains a
different protest procedure. This section does not limit or eliminate a claimant's obligations under the
Government Claims Act, Government Code Section 900 et seq.
11. Pricing Proposal
PALM / TREE WORK
Line Item Description Unit of Measure Unit Cost
1 Annual Hardwood Tree Pruning - City Parks Each
2 Annual Hardwood Tree Pruning - Medians Each
3 Annual Hardwood Tree Pruning - Facilities Each
4 Annual Hardwood Tree Pruning - Desert Willow Golf
Resort
Each
5 Annual Hardwood Tree Pruning - Housing Authority
Properties
Each
6 Annual Washingtonia Palm Pruning - City Parks Each
7 Annual Washingtonia Palm Pruning - Medians Each
8 Annual Washingtonia Palm Pruning - Facilities Each
9 Annual Washingtonia Palm Pruning - Desert Willow Golf
Resort
Each
10 Annual Washingtonia Palm Pruning - Housing Authority
Properties
Each
11 Annual Phoenix Palm Pruning - City Parks Each
12 Annual Phoenix Palm Pruning - Medians Each
$129.00
$140.00
$119.00
$159.00
$159.00
$65.00
$79.00
$65.00
$65.00
$79.00
$89.00
$89.00
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Request For Proposal #2024-RFP-103
Title: Arboriculture Services
25
Line Item Description Unit of Measure Unit Cost
13 Annual Phoenix Palm Pruning - Facilities Each
14 Annual Phoenix Palm Pruning - Desert Willow Golf
Resort
Each
15 Annual Phoenix Palm Pruning - Housing Authority
Properties
Each
16 Annual Other Palm Pruning - City Parks Each
17 Annual Other Palm Pruning - Medians Each
18 Annual Other Palm Pruning - Facilities Each
19 Annual Other Palm Pruning - Desert Willow Golf Resort Each
20 Annual Other Palm Pruning - Housing Authority
Properties
Each
ADDITIONAL SERVICES
Line Item Description Unit of Measure Unit Cost
21 Plant 24" Box Tree Each
22 Plant 36" Box Tree Each
23 Crew Rates - Regular Hours Hourly Rate
24 Crew Rates - After Hours Hourly Rate
25 Service Request Pruning 0" to 12" DBH Each
26 Service Request Pruning 13" to 18" DBH Each
27 Service Request Pruning 19" to 24" DBH Each
28 Service Request Pruning 25" to 31" DBH Each
29 Service Request Pruning over 31" DBH Each
30 Palm Skinning Per Linear Foot
$89.00
$89.00
$89.00
$65.00
$79.00
$65.00
$65.00
$79.00
$450.00
$1,200.00
$100.00
$135.00
$95.00
$175.00
$250.00
$325.00
$400.00
$19.00
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Request For Proposal #2024-RFP-103
Title: Arboriculture Services
26
Line Item Description Unit of Measure Unit Cost
31 Pest Control and/or Fertilization Service Each
32 Hedge/Screen Pruning Tamarisk Trees or Similar Per Linear Foot
33 Tree and Palm Tree Removal - 8" to 12" Stump Grind Each
34 Tree and Palm Tree Removal - entire root ball Each
35 Eucalyptus Tree Pruning Each
36 Eucalyptus Crown Reduction Each
37 Arborist Reporting/Assessments (Include Level 1, Level
2, and Level 3)
Hourly Rate
38 Crane Services and/or Non-standard Heavy Equipment Hourly Rate
TREE / PALM INVENTORY COST PER UNIT
Line Item Description Unit of Measure Unit Cost
39 Housing Authority Each
40 Desert Willow Each
41 City Parks, Medians, and Facilities Each
$100.00
$35.00
$975.00
$1,995.00
$300.00
$475.00
$170.00
$195.00
$5.00
$5.00
$5.00
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City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
RESPONSE DEADLINE: April 8, 2024 at 5:00 pm
Report Generated: Wednesday, April 10, 2024
West Coast Arborists, Inc. Response
CONTACT INFORMATION
Company:
West Coast Arborists, Inc.
Email:
vgonzalez@wcainc.com
Contact:
Victor Gonzalez
Address:
43712 Jackson Street
Indio, CA 92201
Phone:
N/A
Website:
wcainc.com
Submission Date:
Apr 8, 2024 10:47 AM
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 2
ADDENDA CONFIRMATION
Addendum #1
Confirmed Apr 4, 2024 10:35 AM by Victor Gonzalez
Addendum #2
Confirmed Apr 4, 2024 10:35 AM by Victor Gonzalez
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organ ized and
include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of
the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone
number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s
experience with similar Service as described in this RFP.
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this
RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact
person.
C. Firm Staffing and Key Personnel
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 3
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as
well as your firm’s capacity to provide additional personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and
responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account
the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and
deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described
herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the
discussion of its proposed method to accomplish the work.
WCA_Palm_Desert_Aboriculture_Services_Proposal.pdf
2. Non-Collusion Declaration*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited a ny other Bidder
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone
else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, prof it, or cost
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or
indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 4
thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company,
limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this
declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Iran Contracting Act Certification*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor cer tifies subject to penalty for perjury that the option
selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et
seq.) is true and correct.
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney
General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the C ontract
and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the
California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial
instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity
identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of
General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the
credit to provide goods or services in the energy sector in Iran.
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 5
4. Public Projects Contractor DIR 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.
Bidder 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.
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
A. Bidder shall maintain a current DIR registration for the duration of the project.
B. Bidder 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.
C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-
responsive.
Confirmed
5. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000000956
Click to Verify Value will be copied to clipboard
6. Contractor's Certificate Regarding Workers Compensation*
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against li ability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Contract.
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RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 6
Confirmed
7. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the
requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “R egulation”). I
hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their
subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have be en
attached hereto.
8. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in item 12 above.
WCA_2024_DOORS_Certificate_2-27-2024_CARB_Compliance.pdf
9. SAM.gov*
Please enter your legal entity name for SAM.gov verification.
West Coast Arborists, Inc.
Click to Verify Value will be copied to clipboard
10. Type of Business*
C Corporation (if corporation, two signatures are required)
11. Litigation*
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years
(or type "N/A").
• Mark Carnahan, Mary Anne Carnahan v. West Coast Arborists, Inc. - Limb failed in nature Park trail — dismissed.
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 7
• Troy Taylor v. City of Jurupa Valley - Tree failed causing vehicle to crash into — dismissed.
• Padilla-Gonzalez v. SGM, City of Victorville - Case # CIVSB2216298 - Superior Court of CA, County of San Bernardino - A tree limb failed
landing in backyard — pending.
12. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may
affect theCity's decision to enter into an Agreement.
N/A
13. No Deviations from the RFP*
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP inc luding, but not limited
to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection o f the
proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification
provisions therein (or type "N/A").
N/A
14. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
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Arboriculture Services
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Request For Proposal - Arboriculture Services
Page 8
1) Patrick Mahoney, President, 2200 E. Via Burton, Anaheim, CA 92806 pmahoney@wcainc.com 714-991-1900
2) Richard Mahoney, Secretary, 2200 E. Via Burton, Anaheim, CA 92806 rmahoney@wcainc.com 714-991-1900
15. Certification of Proposal*
The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for P roposal
(RFP), and to be bound by the terms and conditions of the RFP.
Confirmed
PRICE TABLES
PALM / TREE WORK
Line Item Description Unit of Measure Unit Cost
1 Annual Hardwood Tree Pruning - City Parks Each $129.00
2 Annual Hardwood Tree Pruning - Medians Each $140.00
3 Annual Hardwood Tree Pruning - Facilities Each $119.00
4 Annual Hardwood Tree Pruning - Desert Willow Golf Resort Each $159.00
5 Annual Hardwood Tree Pruning - Housing Authority Properties Each $159.00
6 Annual Washingtonia Palm Pruning - City Parks Each $65.00
7 Annual Washingtonia Palm Pruning - Medians Each $85.00
8 Annual Washingtonia Palm Pruning - Facilities Each $65.00
9 Annual Washingtonia Palm Pruning - Desert Willow Golf Resort Each $65.00
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Page 9
Line Item Description Unit of Measure Unit Cost
10 Annual Washingtonia Palm Pruning - Housing Authority Properties Each $85.00
11 Annual Phoenix Palm Pruning - City Parks Each $95.00
12 Annual Phoenix Palm Pruning - Medians Each $105.00
13 Annual Phoenix Palm Pruning - Facilities Each $95.00
14 Annual Phoenix Palm Pruning - Desert Willow Golf Resort Each $95.00
15 Annual Phoenix Palm Pruning - Housing Authority Properties Each $105.00
16 Annual Other Palm Pruning - City Parks Each $65.00
17 Annual Other Palm Pruning - Medians Each $85.00
18 Annual Other Palm Pruning - Facilities Each $65.00
19 Annual Other Palm Pruning - Desert Willow Golf Resort Each $65.00
20 Annual Other Palm Pruning - Housing Authority Properties Each $85.00
ADDITIONAL SERVICES
Line Item Description Unit of Measure Unit Cost
21 Plant 24" Box Tree Each $450.00
22 Plant 36" Box Tree Each $1,200.00
23 Crew Rates - Regular Hours Hourly Rate $100.00
24 Crew Rates - After Hours Hourly Rate $135.00
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 10
Line Item Description Unit of Measure Unit Cost
25 Service Request Pruning 0" to 12" DBH Each $95.00
26 Service Request Pruning 13" to 18" DBH Each $175.00
27 Service Request Pruning 19" to 24" DBH Each $250.00
28 Service Request Pruning 25" to 31" DBH Each $325.00
29 Service Request Pruning over 31" DBH Each $400.00
30 Palm Skinning Per Linear Foot $19.00
31 Pest Control and/or Fertilization Service Each $100.00
32 Hedge/Screen Pruning Tamarisk Trees or Similar Per Linear Foot $35.00
33 Tree and Palm Tree Removal - 8" to 12" Stump Grind Each $975.00
34 Tree and Palm Tree Removal - entire root ball Each $1,995.00
35 Eucalyptus Tree Pruning Each $300.00
36 Eucalyptus Crown Reduction Each $475.00
37 Arborist Reporting/Assessments (Include Level 1, Level 2, and Level 3) Hourly Rate $170.00
38 Crane Services and/or Non-standard Heavy Equipment Hourly Rate $195.00
TREE / PALM INVENTORY COST PER UNIT
Line Item Description Unit of Measure Unit Cost
39 Housing Authority Each $5.00
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[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
RFP No. 2024-RFP-103
Arboriculture Services
[WEST COAST ARBORISTS, INC.] RESPONSE DOCUMENT REPORT
Request For Proposal - Arboriculture Services
Page 11
Line Item Description Unit of Measure Unit Cost
40 Desert Willow Each $5.00
41 City Parks, Medians, and Facilities Each $5.00
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City of Palm Desert
2024-RFP-103 Arboriculture Services
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Setting the Gold Standard
Table of Contents
A. COVER LETTER ...................................................................................................................... 3
B. EXPERIENCE & TECHNICAL COMPETENCE ........................................................................ 4
Company Background .................................................................................................... 4
Client References ............................................................................................................. 6
C. FIRM STAFFING & KEY PERSONNEL ...................................................................................... 9
D. PROPOSED METHOD TO ACCOMPLISH WORK ............................................................... 14
Scope of Services ........................................................................................................... 21
Technology and Information Management ............................................................... 24
Equipment List ................................................................................................................. 27
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B. EXPERIENCE & TECHNICAL
COMPETENCE
Company Background
WEST COAST ARBORISTS, INC. (WCA)
is a family-owned and operated union company employing over
1,200 full-time employees providing tree maintenance and
management services. We are proudly serving over 350
municipalities and public agencies. We provide superior and safe
tree care operations seven days a week, 24 hours a day
throughout California and Arizona.
OUR VISION
As a corporate citizen, WCA’s responsibility and accountability are
to the communities where we do business. We hold ourselves to
the highest standards of ethical conduct and environmental
responsibility, communicating openly with our customers and the
communities in which we work. It is our goal and vision to lead the
industry in state-of-the-art urban tree care and management
services.
100% CUSTOMER SATISFACTION
Customer satisfaction is our top priority. We guarantee your
complete satisfaction with every facet of our services. Our
dedication to customer service has earned WCA a reputation
unrivaled in the industry for dependability, integrity, quality and
courtesy. We authorize our employees to do whatever is necessary
to achieve the highest quality results. We know that high quality
work saves our customer’s valuable time and is far more cost
effective if we do our work properly the first time. We are
committed to courteous and prompt customer service to fully
resolve any issue.
COMPANY INFORMATION
President: Patrick Mahoney
Organization Type: Corporation
Established: 1972
Federal Tax ID: 95-3250682
DIR Registration: 1000000956
Members of Laborers’ Union:
LiUNA!
SAM Entity ID: CFJMVMJ9NSD1
Website: wcainc.com
CORPORATE OFFICE
2200 E. Via Burton St.
Anaheim, CA 92806
REGIONAL OFFICES
Escondido, CA
Fresno, CA
Indio, CA
Ontario, CA
Phoenix, AZ
Riverside, CA
Sacramento, CA
San Diego, CA
San Jose, CA
San Francisco, CA
Santa Clarita, CA
Stockton, CA
Ventura, CA
CONTRACT ADMINISTRATION
Victor Gonzalez, Vice President
Corporate Office
Phone (714) 991-1900
Fax (714) 956-3745
Email: vgonzalez@wcainc.com
FIELD MANAGEMENT
Isaac Garza, Area Manager
2200 E. Via Burton
Anaheim, CA 92806
Phone (714) 991-1900
Fax (714) 956-3745
Email: igarza@wcainc.com
EMERGENCY RESPONSE 24/7
1-800-LIMB-DOWN
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Setting the Gold Standard
Corporate Capabilities
West Coast Arborists, Inc., is committed to successfully completing each project in accordance
with the specifications, budget, schedule and with the highest quality of service. Our customers’
satisfaction is a direct result of our means to carry out each project. Listed below are some of our
corporate capabilities, which not only provide a sense of comfort and confidence to our
customers, but also assure them of our continuous ability to carry out the duties of managing their
urban forest.
• In business continuously and actively since 1972
• Contractor’s License C61/D49, C49,
C27, C31, C21, A & B
• Over $8,500,000 line of credit available
• Annual financial audits available upon request
• Bonded by ARCH, an A+ rated company
• 1,200+ employees
• 350+ contracts with public agencies
• 95+ Certified Arborists
• 155+ Certified Tree Workers
• Drug-free workplace
• 14,000 sq. ft. company-owned
Headquarters (Anaheim)
• Department of Agriculture Nursery license
• Avg. 712,000 trees pruned annually over past 3 years
• Avg. 46,000 trees removed annually over past 3 years
• Avg. 20,000 trees planted annually over past 3 years
• Avg. 250,000 trees inventoried annually over past 3 years
• Fully insured with insurance up to $25 million
• Federal Tax ID #95-3250682, current on all taxes and
fillings with state and federal government
• Sales volume over $190 million annually
• Fleet of approximately 1,600 pieces of equipment
•
Active Memberships:
Tree Care Industry Association (TCIA)
International Society of Arboriculture (ISA)
League of California Cities (LCC)
California Parks & Recreation Society (CPRS)
Association of California Cities|
–Orange County (ACCOC)
Maintenance Superintendents Association (MSA)
California Landscape Contractors Association (CLCA)
Street Tree Seminar (STS)
California Urban Forest Council (CaUFC)
American Public Works Association (APWA)
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Client References
West Coast Arborists understands the challenge that many cities face to reduce the cost of tree
maintenance services, while increasing the level of performance. Utilizing our services as a
valuable, cost-effective resource, cities are able to provide better services to their community.
These contracts cover a range of services from providing emergency response to maintaining the
Agency’s entire urban forest.
CITY OF INDIO SINCE 2006
WCA currently maintains the City’s landscape maintenance districts consisting of over
10,000 street trees. These trees are maintained on an annual 3-5 year maintenance cycle.
All palm tree species are trimmed annually and removals are based on an as needed
basis. WCA is a supporter and participant in the City’s annual Arbor Day celebration.
Contact: Jose Vasquez, Parks & Facilities Manager
100 Civic Center Mall, Indio, CA 92201 ~ (760) 218-0947 ~ jvasquez@indio.org
ANNUAL BUDGET: $400,000
CITY OF COACHELLA SINCE 2012
WCA has partnered with the City of Coachella to provide tree trimming and
maintenance services citywide and in the landscape maintenance districts. The palm
trees throughout the coachella valley requires specific maintenance including sterilized
equipment and special care when handling the various palm types. In addition to
providing tree planting and removal services, WCA recently partnered with the City for
the AMPlifying the Urban Forest project which included planting trees from a CalFire grant
that the City received.
Contact: Janeth Lara, Parks Supervisor
53990 Enterprise Way, Coachella, CA 92236 ~ (442) 400-1382 ~ jlara@coachella.org
ANNUAL BUDGET: $500,000
CITY OF BEAUMONT SINCE 2020
WCA provides routine annual tree trimming and palm trimming services to the City. We
also provide pruning, crown raising, tree removal, stump grinding, tree planting, tree
watering, plant health care, emergency services, and general arborist services as-
needed. WCA keeps a record of all maintenance provided to the City in ArborAccess.
Contact: Doug Story, Asst. Director Community Svcs.
550 E. 6th Street, Beaumont, CA 92223 ~ (951) 769-8520 ~ dstory@beaumontca.gov
ANNUAL BUDGET: $330,000
CITY OF PALM SPRINGS SINCE 2018
WCA provides citywide tree maintenance services for the City of Palm Springs including
tree pruning, removal, palm pruning, tree watering, tree replacement and emergency
response services as-needed.
Contact: Kenneth Kershaw, Parks Maintenance Supervisor
425 N. Civic Center Dr., Palm Springs, CA 92262 ~ (760) 323-8283 ~
kenneth.kershaw@palmspringsca.gov
ANNUAL BUDGET: $600,000
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EXPERIENCE: CURRENT CALIFORNIA CITIES/COUNTIES UNDER CONTRACT WITH WCA
CITY OF AGOURA HILLS
CITY OF ALAMEDA
CITY OF ALHAMBRA
CITY OF ANAHEIM
CITY OF ARCADIA
CITY OF ARTESIA
CITY OF AZUSA
CITY OF BALDWIN PARK
CITY OF BEAUMONT
CITY OF BELL
CITY OF BELL GARDENS
CITY OF BELLFLOWER
CITY OF BERKELEY
CITY OF BEVERLY HILLS
CITY OF BRADBURY
CITY OF BRAWLEY
CITY OF BREA
CITY OF BUENA PARK
CITY OF BURLINGAME
CITY OF CAMARILLO
CITY OF CARLSBAD
CITY OF CARMEL-BY-THE-SEA
CITY OF CARPINTERIA
CITY OF CARSON
CITY OF CERES
CITY OF CHINO
CITY OF CHINO HILLS
CITY OF CHOWCHILLA
CITY OF CHULA VISTA
CITY OF CITRUS HEIGHTS
CITY OF CLAREMONT
CITY OF COACHELLA
CITY OF COLTON
CITY OF COMMERCE
CITY OF CONCORD
CITY OF CORONA
CITY OF CORONADO
CITY OF COSTA MESA
CITY OF COVINA
CITY OF CUDAHY
CITY OF CULVER CITY
CITY OF CUPERTINO
CITY OF DANA POINT
CITY OF DAVIS
CITY OF DEL MAR
CITY OF DIAMOND BAR
CITY OF DUARTE
CITY OF EL CAJON
CITY OF EL CENTRO
CITY OF EL SEGUNDO
CITY OF ENCINITAS
CITY OF ESCONDIDO
CITY OF FILLMORE
CITY OF FOLSOM
CITY OF FONTANA
CITY OF FREMONT
CITY OF FRESNO
CITY OF FULLERTON
CITY OF GARDEN GROVE
CITY OF GILROY
CITY OF GLENDALE
CITY OF GLENDORA
CITY OF GOLETA
CITY OF GRAND TERRACE
CITY OF HALF MOON BAY
CITY OF HAWAIIAN GARDENS
CITY OF HIGHLAND
CITY OF HOLLISTER
CITY OF HUNTINGTON BEACH
CITY OF IMPERIAL BEACH
CITY OF INDIO
CITY OF INDUSTRY
CITY OF INGLEWOOD
CITY OF IRWINDALE
CITY OF JURUPA VALLEY
CITY OF LA CANADA
CITY OF LA HABRA
CITY OF LA MESA
CITY OF LA MIRADA
CITY OF LA PALMA
CITY OF LA PUENTE
CITY OF LA VERNE
CITY OF LAGUNA BEACH
CITY OF LAGUNA HILLS
CITY OF LAKE ELSINORE
CITY OF LAKE FOREST
CITY OF LAKEWOOD
CITY OF LATHROP
CITY OF LEMON GROVE
CITY OF LINCOLN
CITY OF LIVERMORE
CITY OF LODI
CITY OF LOMA LINDA
CITY OF LOMPOC
CITY OF LONG BEACH
CITY OF LOS ALAMITOS
CITY OF LOS ALTOS
CITY OF LOS ANGELES
CITY OF MADERA
CITY OF MANHATTAN BEACH
CITY OF MENIFEE
CITY OF MENLO PARK
CITY OF MILPITAS
CITY OF MISSION VIEJO
CITY OF MONROVIA
CITY OF MONTCLAIR
CITY OF MONTEBELLO
CITY OF MONTEREY
CITY OF MONTEREY PARK
CITY OF MOORPARK
CITY OF MORENO VALLEY
CITY OF MORGAN HILL
CITY OF MOUNTAIN VIEW
CITY OF MURRIETA
CITY OF NATIONAL CITY
CITY OF NEWARK
CITY OF NEWPORT BEACH
CITY OF NORCO
CITY OF NORWALK
CITY OF OAKLEY
CITY OF OCEANSIDE
CITY OF ONTARIO
CITY OF ORANGE
CITY OF OXNARD
CITY OF PALM DESERT
CITY OF PALM SPRINGS
CITY OF PALO ALTO
CITY OF PARAMOUNT
CITY OF PERRIS
CITY OF PICO RIVERA
CITY OF PLACENTIA
CITY OF PLEASANTON
CITY OF POMONA
CITY OF POWAY
CITY OF RANCHO CORDOVA
CITY OF RANCHO
CUCAMONGA
CITY OF RPV
CITY OF REDLANDS
CITY OF REDONDO BEACH
CITY OF RIALTO
CITY OF RIVERSIDE
CITY OF ROSEMEAD
CITY OF ROSEVILLE
CITY OF SACRAMENTO
CITY OF SAN BERNARDINO
CITY OF SAN BRUNO
CITY OF SAN CARLOS
CITY OF SAN CLEMENTE
CITY OF SAN DIEGO
CITY OF SAN DIMAS
CITY OF SAN FERNANDO
CITY OF SAN JACINTO
CITY OF SAN JUAN CAP
CITY OF SAN LEANDRO
CITY OF SAN MARCOS
CITY OF SAN RAMON
CITY OF SANTA ANA
CITY OF SANTA BARBARA
CITY OF SANTA CLARA
CITY OF SANTA CLARITA
CITY OF SANTA FE SPRINGS
CITY OF SANTA MARIA
CITY OF SANTEE
CITY OF SIERRA MADRE
CITY OF SIGNAL HILL
CITY OF SOLANA BEACH
CITY OF SOUTH PASADENA
CITY OF SOUTH SF
CITY OF STOCKTON
CITY OF SUNNYVALE
CITY OF TEMPLE CITY
CITY OF THOUSAND OAKS
CITY OF TORRANCE
CITY OF TRACY
CITY OF TULARE
CITY OF TUSTIN
CITY OF UPLAND
CITY OF VENTURA
CITY OF VERNON
CITY OF VICTORVILLE
CITY OF VISALIA
CITY OF VISTA
CITY OF WALNUT
CITY OF WALNUT CREEK
CITY OF WEST COVINA
CITY OF WEST HOLLYWOOD
CITY OF WEST SACRAMENTO
CITY OF WHITTIER
CITY OF WOODLAND
CITY OF YORBA LINDA
COUNTY OF ALAMEDA
COUNTY OF COLUSA
COUNTY OF CONTRA COSTA
COUNTY OF EL DORADO
COUNTY OF FRESNO
COUNTY OF LOS ANGELES
COUNTY OF MONTEREY
COUNTY OF NAPA
COUNTY OF ORANGE
COUNTY OF PLACER
COUNTY OF RIVERSIDE
COUNTY OF SAN BERNARDINO
COUNTY OF SAN DIEGO
COUNTY OF SAN JOAQUIN
COUNTY OF SAN MATEO
COUNTY OF TULARE
COUNTY OF VENTURA
COUNTY OF YOLO
MOUNTAIN HOUSE CSD
ROSSMOORE CSD
TOWN OF ATHERTON
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FIRM EXPERIENCE
Listed below are current contracts valued over $2,000,000 annually.
Customer Duration Annual Contract Amount
County of Los Angeles Since 2015 $14,800,000
City & County of San Francisco Since 2017 $6,200,000
City of Riverside Since 2018 $4,400,000
City of Long Beach Since 2016 $3,400,000
City of Fresno Since 2001 $3,400,000
Riverside Public Utilities Since 1997 $3,400,000
City of Anaheim/Anaheim Utilities Since 2007 $3,300,000
City of Corona Since 2010 $3,000,000
City of Industry Since 2020 $3,000,000
County of Orange - Parks Since 2014 $3,000,000
City of Sacramento - Parks Since 2016 $2,800,000
City of San Diego Since 2015 $2,700,000
City of Ontario Since 1998 $2,700,000
City of Sacramento Since 2015 $2,500,000
City of Glendale Since 2015 $2,500,000
Glendale Water & Power Since 2015 $2,500,000
City of Santa Clarita Since 2008 $2,400,000
City of Beverly Hills Since 2000 $2,300,000
City of Fullerton Since1998 $2,300,000
City of Santa Ana Since 2015 $2,000,000
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C. F IRM STAFFING & K EY PERSONNEL
Introduction
West Coast Arborist’s (WCA) is a company comprised of a management team and a safety
committee. Staff members have diverse educational backgrounds including accounting, business
administration, engineering, and forestry. No subcontractors will be used for this project.
Work Force
WCA actively maintains ongoing processes to assure that only qualified and competent staff
provides safe and quality tree maintenance services. These skilled employees can only be
achieved through both training and work experience. We believe that essential experience
should always be obtained through qualified supervision; this includes both basic and extended
skills. WCA makes every attempt to ensure that this is undertaken before performing work, leading
a crew, or career advancement. The work performed on this contract is routine, recurring and
usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees
and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on the
current prevailing wage determination for “Tree Maintenance (Laborer).”
Certification
WCA encourages its employees to get certified through the International Society of Arboriculture,
in an effort to raise the standard of professional tree care companies. This standard exemplifies
our company’s commitment to providing customers with competent, knowledgeable certified
workers. WCA employs a large number of ISA Certified Arborists and ISA Certified Tree Workers.
Crew Evaluation
WCA employees are evaluated through an internal mechanism supervised by our Management
Team. Each employee performs their duties according to a criteria-based job description that
reflects safety, quality workmanship, productivity, appropriateness of care, problem solving and
customer service. A performance appraisal is conducted for each employee upon completion of
the probationary period and at least annually thereafter. Each worker is also required to
complete a competency assessment and orientation upon hire and annually thereafter in
selected areas to assure that ongoing requirements are met and opportunities for improvement
are identified.
Staff members have diverse
educational backgrounds
including accounting,
business administration,
engineering, and forestry.
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Meet the Team: Project Team
MIKE PALAT Regional Manager/V.P.
Mr. Palat has been with WCA since 2003. He brought several years’ experience in both utility and
urban forestry working with ArcView and GPS as well as field experience. As a Regional Manager,
he is responsible for field operations and oversees Area Managers in Southern California & Arizona.
Mr. Palat has over 20 years in the tree care industry and is the current Chairman of the San Diego
Regional Urban Forests Council. As an ISA Board Certified Master Arborist, Mike has extensive
knowledge and experience in the science, practice, and management of the urban forest as it
relates to the arboriculture industry. This credential includes completing continued education units
(CEUs) each year.
• ISA Board Certified Master Arborst #WE-6541BUM
• B.S. Parks & Recreation Management, minor in Environmental Science
• ISA Tree Risk Assessment Qualified
• TCIA Certified Treecare Safety Professional (CTSP) #302
• Wertified Wildlife Protector #575
ISAAC GARZA Area Manager
Isaac has over 15 years’ experience in the arboriculture industry. He started in the municipal sector
and joined WCA in 2019 to manage our Desert Cities region. As an Area Manager Isaac manages
crews in the field. Ensures company work and safety policies are being followed. Provides guidance
to Supervisors in completing safety and crew evaluations. Maintains contact and communications
with City Inspectors or assigned representatives to schedule and plan work. Accounts for all crew
paperwork and assists in any billing concerns or issues.
• ISA Certified Arborist #WE-8689a
• ISA Tree Risk Assessment Qualified
• TCIA Certified Treecare Safety Professional (CTSP) #3312
• TCIA Electrical Hazard Awareness Program
GABRIEL RUIZ Project Supervisor
As Site Supervisor, Gabriel is a full-time employee and speaks fluent English. Gabriel started his
career with WCA in 2012 and has a broad knowledge of arboriculture and tree maintenance for
municipalities. He is responsible for reviewing the day’s activities, assisting the Area Manager in
scheduling, and ensuring proper safety procedures are being followed. As Supervisor, he will
communicate with City officials and other interested parties on a daily basis. Report and resolve
malfunctions, damage, or industrial injury. He also assists in employee training programs, maintaining
records, and filing daily reports and receipts.
• ISA Certified Tree Worker Climber #WE-11568T
• WCA Qualified Arborist
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Meet the Team: Support Staff
ANDREW PINEDA GIS Manager
Andrew Pineda has been with WCA since 2018. As WCA’s GIS Manager, he works on a wide
range of projects including tree inventories scope and collection, iTree analysis, tree canopy
assessments, tree planting prioritization, ArborAccess training, grant funded tree planting
projects, and much more. He was worked with tree inventories of all sizes from small campus
inventories with less than 5,000 trees to large California cities with over 140,000 trees. He has
in-depth knowledge and understanding of tree inventories, urban forestry best practices,
and spatial data and works closely with office and field personnel to ensure tree inventories,
reports, and analysis exceed customer expectations.
• ISA Certified Arborist #WE-12738A
• FAA UAS Part 107 Remote Pilot
• M.S. Geographic Information Science (GIS), CSU Long Beach
• B.A. Environmental Science, Boston University
TIM CROTHERS Plant Health Care Manager
Mr. Crothers has over 20 years of experience working in the horticulture industry. He started working
at WCA in 2012 as a supervisor. He was quickly promoted to Area Manager, a role that required him
to produce reports as a Certified Arborist as well as train staff and clients in proper tree care,
inventory management, landscape design and plant identification. In his role as Plant Health Care
Manager, Mr. Crothers supervises arborist services staff and plant health care operations throughout
California and Arizona. He oversees the creation of Urban Forestry Master Plans (UFMPs) and is a
Registered Consulting Arborist by the American Society of Consulting Arborists.
• ISA Board Certified Master Arborist #WE-7655BUM
• B.S. Environmental Horticultureal Science
• ASCA Registered Consulting Arborist #721
• CA Dept. Pesticide Regulation QAL #145321 B, D
• ISA Tree Risk Assessment
• Qualified & TLC Wildlife Aware
ESTELA GARCIA Customer Service Rep. (CSR)
As the CSR (Customer Service Representative), Estela is responsible for providing support to the Area
Manager, Site Supervisors, and field crews. She will act as a liaison between WCA and its clients as
well as the general public. Estela is responsible for responding to customer service inquires and
facilitating contracting functions, such as: generating work orders, mapping, underground service
alert, data entry, quality control, list preparation, billing inquiries, and public relations.
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Executive Staff
From marketing, contract administration, field and fleet management, to information technology,
our Executive Staff is involved in the day-to-day operations supporting each Project Team and
customer to ensure the highest quality of tree care is being achieved in the industry.
Patrick Mahoney
President
Richard Mahoney
Secretary
Rose Epperson
Treasurer
Andrew Trotter
V.P. – Field Operations
Chris Crippen
V.P. – I.T.
Victor Gonzalez
V.P. – Business Development
Debbie DePasquale
V.P. – Internal Operations
Ernesto Macias
V.P. – Risk Management
Nick Alago
V.P. – SoCal Region
Michael Palat
V.P. – SoCal Region
Jason Pinegar
V.P. – NorCal Region
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D. PROPOSED M ETHOD TO A CCOMPLISH W ORK
Implementation Plan
To ensure the quality of work and the level of service
expected, WCA abides by a well-defined quality control
plan that incorporates the following:
• Certified personnel
• Safety
• Pruning specifications and guidelines
• Sound equipment
• Public relations
• Proper traffic control
• State-of-the-art communication systems
Area Manager: Isaac Garza
ISA Certification #: WE-8689A
TCIA CTSP #3312
ISA Tree Risk Assessment Qualified
The project Area Manager will be the central point of contact and will work cooperatively with
Agency staff, local residents and business owners, etc. The Area Manger will provide overall field
supervision and crew management.
Daily Management
Daily management will consist of, but not be limited to:
• Email notification complete with location, crew, equipment type, and work description
• Supervise crew personnel to insure proper pruning standards are followed in a safe manner
• Traffic control setup and maintenance of work zone
• Ensure work area is left free of debris at the end of shift
• Maintain record of work completed each day
• Maintain good public relations at all times
• Provide immediate notification to Agency Inspector upon damage of personal property
including a plan for corrective measures to take place within 48 hours
Weekly Management
• Weekly management will consist of, but is not limited to:
• Weekly inspection of work completed
• Meet with the Agency to review work schedule and progress
• Insure standards of pruning are performed in accordance with Agency specifications
• Maintain open communication
Special shifts including
weekends and evenings
can be arranged in
accordance with the
Agency’s specifications.
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Public Notification
Upon Agency staff approval, WCA will post a door hanger notice prior to commencement of grid
pruning (within 24-48 hours). After tree plantings, door hangers will be provided to residents
instructing them on the proper care for their newly planted tree. For more comprehensive
outreach we can also submit a press release for special projects or routine maintenance. The
Agency may modify the procedures and materials to which we notify residents.
Communication Systems
Our use of modern and reliable communication systems affect our daily job performance by
increasing our efficiency. Management and Field Personnel utilize smart phones as both
navigational and communication devices in the field. Smart phones have proven to be a
convenient method to input data as related to tree inventories, daily work records, timesheets,
photos, and billing information; eliminating the need to handwrite data and improving customer
service by minimizing response time.
Permits and Licensing
WCA will procure a City Business License as necessary, and any “no-fee” permits prior to
commencement of work. Permits (i.e., encroachment, traffic control, etc.) requiring fees will be
charged back to the Agency.
Right-of-Way
All work will be performed in the public right-of-way. Employees will not utilize private property for
eating, breaks or any other reason or use water or electricity from such property without prior
written permission of owner.
Cooperation and Collateral Work
WCA will give right to operate within the project to the Agency workers and/other contractors,
utility companies, street sweepers, and others as needed in a cooperative effort to minimize
interference in daily operations.
Project Site Maintenance
Work site will be left free of debris at the end of each workday. We will not discharge smoke, dust,
or any other air containments in quantities that violate the regulations of any legally constituted
authority.
Scheduling of Work
The Area Manager is responsible for scheduling work which
shall conform to the Agency’s schedule of performance. We
recommend equal distribution of work throughout the course
of the fiscal year. Notifications will be provided to residents
prior to the start of pruning operations in said area. All work
will be performed in a cooperative manner as to cause the
least amount of interference or inconvenience.
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Setting the Gold Standard
Workflow Timelines
GRID PRUNING FLOWCHART (Within 30-day Completion)
REMOVAL FLOWCHART (Within 15-day Completion)
PLANTING FLOWCHART (Within 15-day Completion)
EMERGENCY FLOWCHART (Within 1-3 hour Response / 24-hour Completion)
PLANT HEALTH CARE FLOWCHART
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Setting the Gold Standard
Emergency Contacts Sample Planting Door Hanger
In case of emergency AFTER
normal business hours:
866.546.2369
Leave a message, if you do not
receive a call back within 10 minutes,
call the following contacts in order:
Manuel Perez, Supervisor
626.255.2821
Marco Padilla, Supervisor
714.404.7979
Isaac Garza, Area Manager
714.936.9544
Martin Cortez, Area Manager
714.713.0717
AFTER confirmation from on-call
Manager, you can email multiple
locations to:
LimbDown@WCAInc.com
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Setting the Gold Standard
Quality Control
Feedback
WCA regularly receives and tracks feedback from customers and residents as a means to
acknowledge good performance and provide prompt resolution for any negative comments.
Every month, a summary of the feedback is then reviewed by the management team.
Customer Service Department
As we work with, or near, the public,
we are mindful that we will most likely
be the first person the public contacts.
We have a full-time Customer Service
Department with each Customer
Service Representative (CSR) trained
in addressing concerned residents
and bystanders.
Complaints & Damage
Resolution
Should there be any property
damage, we adhere to specific
procedures to resolve the problem.
The Foreman on the job site will notify
the resident and the Inspector immediately.
If the resident is not at home, then we will leave a WCA card with instructions to call our Claims
Coordinator in our corporate office. The ultimate goal at each work site is to leave the property in
the same condition as before we entered it. We will notify the Agency Representative
immediately upon damage of private property including plans for corrective measures to take
place within 48 hours.
Any activities found by the Agency to be unacceptable will be rectified immediately. All other
complaints will be abated or resolved within twenty-four (24) hours of the occurrence. We have
teams specifically assigned for handling damage to properties, both private and public. Through
our communication system, we have the ability to dispatch either of these teams and have them
respond immediately to the site for proper repair.
We pride ourselves on professional workmanship to avoid these types of incidents, however,
should one occur, we take all appropriate measures to resolve the matter in a timely and efficient
manner.
Protection of Public and Private Property
WCA will provide all safety measures necessary to protect the public and worker within the work
area. We will maintain good public relations at all times. The work will be conducted in a manner
which will cause the least disturbance.
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Setting the Gold Standard
Safety & Training
Safety Program
Safety standards are top priority at West Coast Arborists, Inc. Our line of work demands that all
work is performed in a manner that provides the maximum safety to the general public as well as
our employees. Our crews are instructed to follow the safety standards of ANSI Z133.1 as well as
Cal-OSHA requirements. We have one of the most extensive safety training programs in the
industry. We provide our employees with state-of -the-art training tools and instructional sessions
company wide. Our insurance carriers and Cal-OSHA have recognized us repeatedly for out-
standing safety training efforts.
We have a full time Safety & Training Manager, Dane Jensen, that is professionally trained in the
field of horticulture. As WCA’s Training Manager, Dane is responsible for staying up-to-date on all
tree-related industry standards as related to safety and the wellness of our employees and the
public in which we serve. Training materials are regularly reviewed and updated to ensure WCA
employees receive the proper education, instruction and hands on experience needed to
perform their day to day activities safely and efficiently. Training topics include a full-circle from
proper pruning techniques, arboriculture, to customer service and everything in between.
• ISA Certified Utility & Municipal Arborist #WE-12014A
• ISA Skills Test Evaluator—TW Climber
• TCIA Certified Treecare Safety Professional #3303
• ISA Tree Risk Assessment Qualification #E4068
• American Heart Association BLS and First Aid Instructor
Public Convenience and Safety
WCA will comply with any and all local sound control and noise level rules, regulations, and
ordinances which apply to any work performed in the contracted area. All work will cease by
5:00 pm or as directed by the Agency (excluding emergency services).
Our line of work demands
that all work is performed
in a manner that provides
the maximum safety to the
general public as well as
our employees.
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Setting the Gold Standard
Employee Training Program
West Coast Arborists, Inc. provides an extensive in-house training curriculum for all employees to
broaden their knowledge of the arboriculture field of study. Included in this training are the ISA
standards, both Treeworker and Arborist study programs, and a variety of Tree Care Industry
Association home study programs. We also offer training courses to our staff in areas of customer
service satisfaction, maintaining professional conduct, and Qualified Line Clearance Trimmer
Training.
Traffic Control
Traffic control procedures will be set-up in accordance with the Work Area Traffic Control
Handbook (WATCH) and State of California Manual of Traffic Controls as well as the Agency
Traffic and Safety Operating Rules. WCA will make adequate provisions to insure the normal flow
of traffic over the public streets and park roads. Every effort will be made to keep commercial
driveways and passageways open to the public during business hours. High visibility
arrowboard(s) will be used when needed. Prior to use, the Agency will approve traffic safety
equipment and devices. Pedestrian and vehicular traffic shall be
allowed to pass through the work areas only under conditions of safety
and with as little inconvenience and delay as possible. Unless the work
area is totally barricaded or otherwise kept safe, at least one worker will
serve to coordinate safe operations on the ground at all times when
work operations are in progress.
Our Training and Safety team members are tasked with
completing field evaluations of crews and members are on-
site to coach and train employees on safe practices.
Employees receive performance evaluations at 90 days, 6
months, then annually (or as-needed) after their first year. All
employees are provided copies of WCA’s Injury & Illness
Prevention Program.
WCA is dedicated to
health and safety for
trees, employees,
and the community.
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Setting the Gold Standard
Scope of Services
Grid Tree Pruning
Grid tree pruning is based on pruning in pre-designed districts, or grids on a set cycle and in its
entirety. This includes pruning all trees (small, medium and large-sized.) Pruning will include
structural pruning, crown raising, and slight crown cleaning in accordance with the standards set
forth by the International Society of Arboriculture Pruning Standards (Best Management Practices)
and shall have no more than 15% of the live foliage removed at a given time.
Special Request Tree Pruning
Special Request Tree Pruning includes tree maintenance services on designated tree(s) as
ordered by the City’s Arborist or designee. This category of pruning may include structural pruning,
crown raising, crown cleaning and/or pruning to restore the crown. Whichever work type is
ordered by the City, pruning will be performed in accordance with the standards set forth by the
International Society of Arboriculture Pruning Standards and the Best Management Practice, Tree
Pruning Guidelines. Trees that are identified for a Special Request Tree Prune shall have
approximately 25% of the live foliage removed at a given time.
Pruning to reduce the tree’s crown (or Crown Reduction Pruning) may be performed when
conditions within the crown of a hardwood tree are such that the overall canopy mass and
excessive wood weight needs to be reduced. This type of prune is performed when the City’s
primary objective is to maintain or improve tree health and structure and will be charged at the
Crew Rental rate as agreed upon by the City and WCA.
Line Clearance
Trees that interfere or have the possibility of interfering with utility lines will be trimmed in a manner
to achieve the required clearances as specified and in accordance with the California Public
Utilities Commission. It is our goal to protect the current health and condition of the tree and to
maintain its symmetry and direct growth away from the utility lines.
Young Tree Maintenance (Optional)
Proper pruning and care during the early stages of the tree’s life will save money in the future, and
create a safer, more beautiful, healthy, easy-to-maintain tree. We believe that tree care that is
performed early will affect its shape, strength and life span. Our specialized small tree care team
consists of certified personnel trained to perform the following under the hourly rate:
• Selective structural pruning
• Removal of dead, interfering, split and/or broken limbs
• Pre-conditioning the water retention basin built around the tree
• Staking or re-staking
• Adjusting tree ties
• Adjusting trunk protectors
• Weed abatement
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Setting the Gold Standard
Root Pruning
We strongly recommend against any root pruning, however, should the City elect to proceed, we
recommend that it be done no closer than 3 times the diameter of the trunk. Roots will be pruned
to a depth of approximately 12 inches by cleanly slicing through the roots, so as not to tear or
vibrate the root causing damage to the tree. The excavated area will be backfilled with native
soil and debris will be hauled away. This is performed under the hourly rate.
Tree and Stump Removal Operations
With a minimum of 48 hours advanced notice, WCA will inform Underground Service Alert (USA) of
the location of work for the purpose of identifying any and all utility lines. The removal process
consists of lowering limbs delicately onto the ground to prevent any hardscape damage.
Immediately following the removal, the stump will be ground down, if ordered to do so and with
proper USA notification. Our standard stump grinder is the Vermeer SC802. This stump grinder is
ideal for any size job and can be used to grade large stumps. We also use the Dosko SC69 stump
grinders. These are intended to remove tree stumps and exposed root systems close to ground
level. Tree removal and stump removal are to be charged separately in accordance with the
contract.
Tree Watering
Tree watering will be performed by a full-time, WCA team member on various routes, when
requested by the Agency. This team will also be responsible for reporting special care needs to
the small tree care team. This could include reporting weeds, soil that has settled, and/or staking
and tying needs. WCA currently provides tree watering in the cities of Culver City, Santa Clarita
and Santa Monica as part of their regular tree maintenance services.
Emergency Response
We are prepared for emergency calls 24 hours a day, 7 days a week, including holidays. The toll
free number is 866-LIMB-DOWN (866-546-2369). This number will be provided to the Agency, Police
Department and/or Fire Department. Our emergency response team will do what is necessary to
render the hazardous tree or tree-related condition safe until the following workday.
Tree Planting
We can replace trees that have been removed and plant new
trees in accordance with the City’s specifications. We are
prepared financially and logistically to acquire and purchase
selected tree species for tree planting. At a minimum of 48
hours in advance we will inform Underground Service Alert
(USA) of the location of work for the purpose of identifying any
and all utility lines. A well-trained planting team will perform the
soil preparation and installation of the tree.
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Setting the Gold Standard
Crew Rental
Due to our vast amount of resources, including our specialty equipment and qualified personnel
we are able to extend our commitment to our customers by providing various miscellaneous
services outside of the most common tree maintenance services:
• Misc. use of aerial towers and cranes (including equipment rental)
• Crown reduction
• Crown restoration
Arborist Reports
We have full-time Certified Arborists on staff that can prepare detailed arborist reports, tree
evaluations and site inspections based on your specific needs. Reporting can be generated for
one tree or an entire selection and is handled on a case-by-case basis.
WCA provides the technology,
management, and civic experience
that makes it the preferred tree
management partner across the West.
Plant Health Care
Tim Crothers, Plant Health Care Manager
ISA Board Certified Master Arborist WE-7655 BUM
DPR Qualified Pest Control Applicator #145321, QAL Category B & D
Our PHC program managed by Tim goes beyond standard chemical applications. We have
developed an efficient Integrated Pest Management Program (IPM) that requires diagnosis
before treatment. WCA is staffed with licensed applicators and advisors that are environmentally
conscious as well as compliant with the California Department of Pesticide Regulation. This service
allows us to provide you with:
• Proper diagnosis based on on-site inspection with laboratory testing when necessary
• Proactive and preventative recommendations that reduce the amount of potential pest and
disease issues
• Follow-up evaluations to ensure that the recommended treatments result in a healthy and
balanced urban forest
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Setting the Gold Standard
Technology and Information Management
ArborAccess
Our tree management program sets us apart from
other companies. With nearly 2,000 active users,
ArborAccess and our mobile app will help you easily
manage your urban forest with ease and
convenience. Tree site attributes include location
(utilizing GPS coordinates), species type, and
parkway size. Features allow you to view and edit
work history records and create work orders directly
from the field, all from our secure cloud.
The information contained in ArborAccess is live
data that can also be linked directly to a GIS
program, such as ArcView, for geo-coding purposes
and can assist your Agency in meeting GASB34
requirements. ArborAccess provides an unlimited
resource of information regarding your urban forest.
Software Training
Our IT Department is based out of our corporate office in Anaheim, CA with
regional offices located throughout California and Arizona. Each office has the
ability to provide software training to our customers. We are also available to
provide training sessions on-site at the customer’s discretion. On-site training is
proven to be effective as it provides a guided hands-on experience.
We offer periodic tree maintenance and management workshops each year.
These free workshops are provided to our customers regionally and educate over
250 people annually. They have proven to be a great round-table and networking
opportunity for the different agencies in attendance. Presentations are provided
by WCA management staff and complimented with guest speakers in the industry.
Certified Arborists and Tree Workers who attend are eligible to receive continuing
education credits (CEU’s) from the International Society of Arboriculture.
The success of any urban forest program depends on the proper management of
information. Unlimited telephone and/or email support is available to answer
technical questions and aid staff in the use of the software system. Software
training and support is included in the cost associated with the inventory data
collection.
List Tracking System
The List Tracking Report in ArborAccess is a useful tool in the management of
incoming work. This report allows both parties to track specific jobs as they are
ordered by the Agency. Proper use of this system enables the Agency and WCA
to track the completion of work that is ordered.
ArborAccess Features
Ease of use
Create work orders
View tree site details
View work history
View invoices
Mobile app
Live data
GIS/GPS mapping
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Setting the Gold Standard
Billing
WCA, Inc. operates a modern invoicing system that is updated on a daily basis. Progress billings
will be submitted to the Customers on a bi-weekly basis, unless otherwise requested. Invoices will
reflect an amount complete for the billing period, along with a year-to-date total for that job.
Each billing will include a listing of completed work by address, tree species, work performed and
appropriate data acceptable to the customer. This information will be supplied in hardcopy and
immediately accessible on ArborAccess. Job balances reflecting the percent of completion for
each job can be viewed on ArborAccess.
Maintenance Records
Accurate maintenance records for each location oftentimes can assist the Agency with liability
claims. Maintaining a detailed history of the work performed at each location demonstrates
good faith in preserving its urban forest. It is imperative that work requests are pulled from the
system prior to the work being performed, otherwise inventory accuracy is not guaranteed.
Sample Management Tools:
Detailed Tree Site Characteristics
The advanced technology provides
a valuable tool to urban forestry
professionals by displaying specific
tree site information along with a
representative photograph of the
species type and a recommended
maintenance field. ArborAccess’
built-in quality control features assist
in data accuracy. As maintenance
is performed, the work history is
updated and accompanied with
bi-weekly invoices. This process
eliminates the need for dual-
inputting and helps keep the tree
inventory current and accurate.
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Setting the Gold Standard
Sample: Species Frequency Report
The Species Frequency report can assist your
Agency in identifying the tree population within
the urban forest. This type of information is
valuable in the event of an insect infestation,
deadly disease, or even estimating future
maintenance costs. In addition, an analysis can
be performed to evaluate the history of the
performance of a particular species within your
Agency.
Detailed Reporting Options
Inventory Work History District Frequency
View Invoices Work Type by District Species Frequency (sample above)
Job Balances DBH Frequency All Tees at an Address
Green Waste Height Frequency Estimated Tree Value
WCA helps agencies
understand and
manage their canopy
by sharing inventories,
insight, and data.
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Setting the Gold Standard
Equipment List
Equipment
Our modern fleet undergoes daily inspection prior to
use to ensure efficiency and safety. All equipment is
routinely serviced, painted, and detailed. All
equipment used during the duration of this project
will meet state and federal safety requirements and
have all up-to-date certifications, as required.
CHP Biennial Inspection of Terminal
Certification
We have successfully been awarded the CHP
Biennial Inspection Award of Recognition. This
inspection has assisted our company in instituting
several safety programs, as well as our Preventative
Maintenance Program utilized by our in-house fleet
department. The inspection reviews our vehicle
maintenance and repair records, our procedural
methods and policies for vehicle maintenance and
operations. This certification ensures that our vehicles
operate safely.
Telematics (GPS)
WCA has partnered with Geo-Tab to provide GPS units on all vehicles and equipment. This
investment has given us and our customers the following benefits:
• Provide faster response times and more efficient routing allowing us to service more customers
• Lower operational costs by optimizing our fleet size, reducing labor, overtime, and insurance,
and minimizing costly vehicle repairs
• Decrease fuel use by monitoring fleet fuel
economy and saving on unnecessary fuel
expenditures
• Reduce emissions by helping drivers improve their
habits such as speed and idle time, and reducing
total miles driven which will significantly reduce
harmful greenhouse gas emissions
• Improve dispatching with landmarks and driving
directions, GPS units helps us to better dispatch so
that we can service more customers, faster
• Recover stolen vehicles reducing liability costs
which can be passed on to customers
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Setting the Gold Standard
IN-HOUSE FLEET MAINTENANCE
We currently have more than 1,600 pieces of fairly new equipment that enables us to replace
equipment immediately should there be any unforeseen mechanical problems. We employ over
50 full-time mechanics that perform an in-house fleet maintenance program. This allows our
equipment to be in good operating condition necessary for accomplishing the City’s needs. Our
mechanics generally work on one particular line of equipment, and by keeping our equipment as
uniform as possible our mechanics really get to know the equipment inside and out minimizing
down time. Equipment is assigned to different crews and if the crew is shared with another
contract the equipment will be as well.
PREVENTATIVE MAINTENANCE PROGRAM
All WCA equipment goes through our Preventative Maintenance program. From our solar
powered arrow boards, to our Freightliner Roll Off trucks. Our mechanics generally work on one
particular line of equipment, and by keeping our equipment as uniform as possible our mechanics
really get to know the equipment inside and out minimizing down time.
SUSTAINABILITY
Over the last few years, we have invested heavily in new equipment to keep our fleet modern,
comply with state requirements, meet demand and reduce our effects on the environment. We
understand with a fleet as large as ours that we are responsible for the amount of emissions our
vehicles produce and actively make an effort to monitor and reduce our carbon footprint.
Through our ability to
dedicate specific
pieces of equipment for
this project, we believe
it will lead to a
successful program.
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January 1, 2024
WEST COAST ARBORISTS INC
2/28/2025
17432
http://www.arb.ca.gov/doors/compliance_cert1.html
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Contract No. ___________
1
Revised 07-2023
BBK 72500.00001\32374943.1
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. Parties and Date. This Agreement is made and entered into this 13th day of June, 2024,
by and between the City of Palm Desert, a municipal corporation 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, (“City”) and WEST COAST ARBORISTS, INC., a Corporation, with its
principal place of business at 43712 JACKSON STREET, INDIO, CA 92201 ("Vendor"). The City
and Vendor are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. Recitals.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City 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 City. Contractor shall not subcontract
any portion of the work required by this Agreement, except as expressly stated herein, without
prior written approval of City. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Agreement.
2.2 Project.
The City is a public agency of the State of California and is in need of services for the
following project:
Arboriculture Services Project
Project No. MSL00026
(hereinafter referred to as “the Project”).
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
City 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, 2024, to June 30,
2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its
sole discretion, to renew this Agreement automatically for no more than 2 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.
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
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Contract No. ___________
2
Revised 07-2023
BBK 72500.00001\32374943.1
means, methods, and details of performing the Services subject to the requirements of this
Agreement. City 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 City 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 “B” 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 City, 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 City.
3.2.4 City’s Representative. The City hereby designates Shawn Muir, Community
Services Manager, or his or her designee, to act as its representative for the performance of this
Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf
of the City and the Palm Desert Housing Authority (“Housing Authority”) for all purposes under
this Agreement except for increasing compensation. Contractor shall not accept direction or
orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Patrick
Mahoney, President, 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 City staff in
the performance of Services and shall be available to City’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
throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and
without reimbursement from the City, 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.
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Contract No. ___________
3
Revised 07-2023
BBK 72500.00001\32374943.1
Any employee of the Contractor or its sub-contractors who is determined by the City 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 City, 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” or “B” 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 City will suffer damage.
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 City. If
Contractor disputes the City’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 City to terminate the Agreement
for cause. City is a public entity of the State of California subject to certain provisions of the Health
& Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is
stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this 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.
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 subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex
or age. Such non-discrimination shall include, but not be limited to, all activities related to
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination. Contractor shall 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 City 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 City and Housing 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 City.
(A) 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 $2,000,000 per occurrence, $4,000,000 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 $2,000,000 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.
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(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 City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City and Housing Authority, its
elected or appointed officers, and their respective agents, officials, employees, volunteers, and
representatives.
(E) Fidelity Coverage. [Reserved]
(F) Cyber Liability Insurance. [Reserved]
(G) Pollution Liability Insurance. [Reserved]
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of
insurance to City 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 City at all times during the term of this contract.
City 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.
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(C) Primary/Non-Contributing. Coverage provided by Contractor
shall be primary and any insurance or self-insurance procured or maintained by City 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 City before the City’s own insurance or self-insurance
shall be called upon to protect it as a named insured.
(D) City’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, City has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will
withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City
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 City and
Housing Authority, 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 City and
Housing Authority, 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.
(G) Enforcement of Contract Provisions (non estoppel). Contractor
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Contractor of non-compliance with any requirement imposes no additional obligations on the City
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 City 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 City.
(I) Notice of Cancellation. Contractor agrees to oblige its insurance
agent or broker and insurers to provide City 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.
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(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 City and Housing Authority, 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 City 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 City for review.
(N) City’s Right to Revise Specifications. The City 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 City and Contractor may
renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the
change shall go into effect immediately and require no advanced written notice.
(O) Self-Insured Retentions. Any self-insured retentions must be
declared to and approved by City. City 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 City.
(P) Timely Notice of Claims. Contractor shall give City 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
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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 City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City 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 City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City 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 City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become
insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the
affected bond within ten (10) days of receiving notice from City. 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 City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. 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 City
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 City. If a California-admitted surety insurer issuing bonds does not meet these
requirements, the insurer will be considered qualified if it is in conformance with Section 995.660
of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 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 City 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.
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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 City 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 City in writing. The City 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 City and Contractor.
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 City.
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 City 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 City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective 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 City 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
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warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 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 “C” attached hereto and incorporated herein by reference. The total compensation shall
not exceed ONE MILLION ONE HUNDRED FOURTEEN THOUSAND ONE HUNDRED
TWENTY-FIVE DOLLARS ($1,114,125) without written approval of the City Council or City
Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices
which provides a detailed description of the Services and hours rendered by Contractor. City 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 City 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 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 City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress
payment an amount necessary to protect City 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 City, incurred by the City for
which Contractor is liable under the Agreement; and (4) any other sums which the City 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 City to deduct any of these sums
from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request
that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is
determined by City 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 City’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”
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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
$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall
provide Contractor with a copy of the prevailing rates of per diem wages in effect at the
commencement of this 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 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 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 $1,000 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 City. Contractor
shall defend, indemnify, and hold 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. City 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 City, 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, City
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.
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3.4.3 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City 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:
Contractor: WEST COAST ARBORISTS, INC.
43712 Jackson Street
Indio, CA 92201
ATTN: Victor Gonzalez
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Shawn Muir, Public Works
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 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 City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense, and risk, any and all Claims
covered by this section that may be brought or instituted against 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 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 City for the cost of any settlement paid by 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 City’s attorney’s fees and costs, including expert witness fees.
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Contractor shall reimburse 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 proceeds, if any, received by the Contractor, 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 City. 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 City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.5 City’s Right to Employ Other Contractors. City 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 City. 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
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
the City include 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,
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14
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BBK 72500.00001\32374943.1
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
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, City shall have the right to rescind this Agreement without liability. For the term
of this Agreement, no member, officer, or employee of City, during the term of his or her service
with City, 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.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND WEST COAST ARBORISTS, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
WEST COAST ARBORISTS, INC. , A
CORPORATION
By:
Its:
PRESIDENT
Printed Name:
PATRICK MAHONEY
By:
Its:
SECRETARY
Printed Name:
RICHARD MAHONEY
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “A”
SCOPE OF SERVICES
A. GENERAL INFORMATION
1. INTRODUCTION
The work to be performed shall consist of providing complete arboricultural services for
the City on City approved schedules, and at City hours. Proposer shall provide arborist
services to the City on all property that it owns and/or maintains including but not limited
to certain roadway medians and parkways, parks, and recreational facilities, landscapes
adjacent to facilities, landscapes managed by the City but owned by other agencies such
as the Palm Desert Housing Authority Agency, Desert Willow Golf Resort, the cities of
Indian Wells, La Quinta, and Rancho Mirage and Riverside County. All work will be in
compliance with all applicable local, state, and federal regulations for the prevention of
water and air pollution.
2. PROJECT PRECONSTRUCTION MEETING
The successful Proposer shall attend a project pre-construction meeting with City staff.
City supplied materials will be provided at this time.
3. TREE INVENTORY
The Proposer shall become familiar with the landscape locations that will be inventoried.
The City will provide maps of the locations and staff will be available to facilitate the
Arboricultural Services contract. All attribute information collected is to be submitted to
the City as a Database Table or Excel Spreadsheet, GIS format.
Inventory is to be completed within 120 days from issuance of Notice to Proceed
Field Evaluation
Tree Inventory Attributes:
a. Tree Number: The unique number given to each individual tree. No other tree will
have this number.
b. GIS Coordinate: Coordinates for each tree collected by sub-meter GPS receiver in
California State Plane Coordinate System Zone 6, NAD 83, (Feet) Coordinates.
c. Nomenclature: The botanical name, including genus and species, and the local
common name will be listed for each specific tree.
d. DBH: The diameter of the tree measured 54 inches above the ground.
e. Height: Overall height of tree.
f. Canopy Spread: Width from drip-line to drip-line plus or minus 3 feet.
g. Tree Condition: Overall condition of tree, damage, or safety concerns.
h. Site Conditions: Will be described as follows:
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Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
Overhead wires: Any tree located under overhead utility wires.
Hardscape: Any tree that is visibly damaging streets, curbs, sidewalks, or other
adjacent hardscape.
Sidewalk/Street proximity: Any tree located within 14 feet of a street, sidewalk, or
building.
Sidewalk/Street clearance: Any tree that is presently in violation of the following
clearance limits.
Sidewalk: 8 feet
Street: 14 feet
Building: 1 foot (scaffold branches within 1 foot of any buildings)
Staking: Any tree that has unnecessary stakes or is in need of staking.
Comments: Any additional information needed to further explain one of the specific
categories or any information relating to the tree or site not covered by the specific
attributes.
a. Conduct an annual GPS inventory update to include maps, charts and reports
that analyze value. In the first year, however, inventory will be conducted
semi-annually.
b. Provide to the City online and mobile access to Electronic Tree Inventory and
Maintenance software.
c. The contractor shall update the tree inventory during or immediately after the
pruning process is complete, noting any deficiencies.
Report
a. Attribute Information: All attribute information collected is to be submitted as a
Database Table or Excel Spreadsheet.
b. Database: Data collected to be provided to the City in either ESRI Shapefile or
Geodatabase format.
c. The information should be organized to incorporate the different areas in the City:
Landscape Services-Trees that are located on street right of ways or median
islands should be identified by street and by their Landscape Maintenance Area
number.
Parks-Trees located in parks will be identified by LMA and each park location.
Housing Authority-Trees will be identified by property location.
Desert Willow Golf Resort-Trees should be identified by the course, parking lot,
Clubhouse, etc…
Miscellaneous Areas-Miscellaneous areas shall be identified by location and
LMA. ex. Haystack retention and natural area
d. Time Frame: Inventory to be completed fiscal year 2024/2025 and updated annually.
4. TREE AND PALM PRUNING
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Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The Proposer shall establish a schedule, with the approval of the Director of Public
Works or his/her designee. The schedule will take into account previous
schedules/frequencies depending on the tree species and time of year. The Director of
Public Works or his/her designee and the Proposer will prioritize the pruning schedule
based on information provided in the City’s current tree inventory. It shall be the
Proposer's responsibility to update the inventory that they have prepared as they
maintain the trees and the palms. Palms are pruned annually in spring/summer. Once
the pruning schedule is started, pruning crews are to remain working within the City until
all trees are completed. The selected proposer shall not move the crew to another
location outside the City prior to completion.
The selected proposer will provide arboricultural services including but not limited to the
following:
a. Street and sidewalk clearance.
b. Removal of dead or hazardous branches of trees or palms.
c. Annual pruning of hardwood trees and palm trees.
d. Inspection of trees for health, condition and for tree hazards including lifted
sidewalks and curbs, utility conflicts, and intrusion into roadways or pathways.
e. Extra: Removing downed trees from public rights-of-way, City parks, medians,
Housing Authority, and Desert Willow Golf Resort. Additional work may include
planting trees, staking, pest control, or pruning hedge rows.
This proposal shall require prevailing wage payments and shall be the responsibility of
the successful Proposer to manage.
Digital access to the City’s current Tree Inventory is available if requested.
• The approximate number of trees is 7,155.
• The approximate number of palm trees is 4,850.
General services requirements outlined above describe the minimum work to be
accomplished. Upon final selection of the Proposer, the scope of services may be
modified and refined during negotiations with the City. The City at its discretion, at any
time may add or remove any Services and/or add or remove Service locations during the
course of the Contract, according to the Services needed and activity of each of the
Properties. If proposer is unable to accommodate additional locations and Services, the
City reserves the right to contract with another contractor to provide the additional
Services at additional Properties or existing Properties.
Pruning Standards
a. All work shall conform to the current International Society of Arboriculture (ISA)
Pruning Standards, the RFP, Agreement, and these specifications. Proposer shall
comply with Standards of CAL OSHA and the American National Standard Institute,
(ANSI) – A300 guidelines section 5.3 pruning cuts and with the current edition of the
City maintenance guidelines. The Director of Public Works or his/her designee, shall
have complete and sole discretion in determining conformance and acceptability of
trees pruned by the Proposer. Pruned trees rejected by the Director of Public Works
or his/her designee, shall be excluded from payment unless they are re-pruned and
approved by Director of Public Works or his/her designee.
b. Limbs for traffic clearance shall be pruned or removed to a height not less than
fourteen (14) feet from road surface and sidewalk side of the tree where practical,
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Revised 07-2023
BBK 72500.00001\32374915.1
taking into consideration the balanced appearance of the tree. Small limbs, suckers
and water sprouts shall be cut outside the branch collar from which they arise. Prune
to clear all adjacent structures by a minimum of five feet (5'). Prune branches to lateral
limbs to lighten end weight.
c. Work shall be performed by employees trained in tree pruning and shall be supervised
by an ISA Certified Arborist. An ISA certified Tree Worker is required to be on-site with
the contractor’s pruning crew(s) at all times.
d. Proposer shall exercise precautions as necessary when working adjacent to aerial
utilities. In the event that aerial utility wires present a hazard to the Contractor's
personnel or others near the work site, work is to immediately cease and the
appropriate utility company notified.
e. No hooks, gaffs, spurs or spikes are to be used on any hardwood tree. Any vine or
plant growing on the trees shall be removed at ground level, except vines purposefully
planted.
f. Each pruning cut should be made just beyond the branch collar or shoulder. Pruning
and cutting tools shall be kept sharpened to a condition that will permit leaving an
unabraised cambium edge on final cuts. Such tools shall also be kept clean and free
from infectious materials.
g. Brush and debris shall be removed daily, sidewalks swept, parkways raked, gutters
cleaned and waste material properly disposed. Contractor shall remove at its own
expense all rubbish and waste materials resulting from its operations, including any
material that may fall in swimming pools, lagoons, or other water features. If on private
property, Contractor must obtain permission from the property owner prior to removing
debris. All debris must be removed before the end of the day unless otherwise directed
by Authority or Authority’s agent.
h. Palm trees; all dead fronds including stubs and seed pods, shall be removed and
palms shall be pruned per the City’s Plant Maintenance Guide. Care shall be taken so
that no live fronds are partially cut and left hanging. Only healthy fronds shall remain
at crown of said tree, except for those palms where skirts or beards are to remain.
Should any fruit appear within 60 days after the palm tree was pruned, the contractor
shall remove the fruit and any hanging fronds at no additional cost.
i. Structural weaknesses of trees/palms, decayed trunk, branches, or evidence of
diseases/pests shall be reported on daily worksheets and submitted to the Director of
Public Works or his/her designee, of this contract.
j. When pruning limbs or fronds that are diseased, or infected with fire blight or fungus,
all pruning tools shall be cleaned after each cut with alcohol or bleach.
k. Topping trees shall not be allowed.
l. Proposer shall provide daily log sheets of work completed to the Director of Public
Works or his/her designee.
m. Proposer is hereby required to render and provide tree pruning maintenance services
including, but not limited to pruning, staking, and training of trees; root pruning; tree
and stump removal; work site debris removal and lawful disposal; traffic control; tree
planting, and other associated services required to maintain safe and attractive trees
within all City facilities, medians, and parks.
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Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
n. The contractor is required to inspect for active bird nests inspections prior to the
beginning of any tree work. No work shall be done while there is an active bird nest.
o. The contractor shall, during the term of this contract, respond to all emergencies within
two (2) hours of notification.
p. The contractor shall inform Director of Public Works or his/her designee before
removing any dead, diseased or dying tree/palm.
q. Desert Willow and Residential Property Access and Noticing:
The contractor acknowledges that the City provides forty-eight (48) hours-notice in
advance of the start of any Work that is to occur at any residential unit. The
contractor shall provide sufficient notice to the City before beginning any such Work
so that the City may provide timely notice to residents.
The contractor shall maintain pedestrian paths of travel free of obstructions and
hazardous conditions, except where the condition is necessary for completion of the
Work. To the extent any portion of the Work requires obstructing pedestrian paths of
travel, the Work shall be performed so as to minimize the extent of the obstruction.
Where the contractor’s operations may create hazardous conditions to pedestrian
paths of travel, appropriate signing and barricades shall be installed to safely route
pedestrians around the impacted area. The City shall be given at least 48 hours-
notice prior to the creation of any condition affecting pedestrian paths of travel.
The City may issue an immediate order to the contractor to stop performing work
until adequate notice may be provided to residents. Any stoppage, suspension, or
delay in the Work resulting from the contractor’s failure to provide adequate notice to
the City shall not be a basis for any adjustment to the contract price or the contract
time.
5. TRAFFIC CONTROL
The contractor shall furnish and install traffic control in accordance with the CAMUTCD
Manual and the WATCH manual, and the encroachment permit.
Traffic control may include, but is not limited to furnishing, placing, maintaining and
removing traffic cones, telescoping tree flags, advance warning signs, flagmen,
barricades, temporary striping and other safety devices, as required for public safety or
as directed by the City Engineer.
Proposer shall provide and post no parking signs 48 hours in advance of the work,
except when emergency work is necessary.
6. MAINTENANCE REPORT
The Proposer shall maintain and keep a log that records all on-going, seasonal, and
additional work, and maintenance functions performed by Proposer’s personnel. The
information will be kept in a format that has been approved by the City and shall be
submitted to the City upon request.
7. PROTECTION OF EXISTING FACILITIES AND STRUCTURES
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Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The contractor shall exercise due care during the performance of work in protecting from
damage all existing facilities, structures, and utilities both above surface and
underground on the City's property. Any damage to City property deemed to be caused
by the contractor's neglect shall be corrected and paid for by the contractor at no cost to
the City.
8. EMPLOYEES UNIFORMS
Employees are required to wear a uniform identifying them as employees of the
company. The uniform shall be maintained in a clean and neat order with no rips, tears
or permanent stains present. Similarly, all vehicles shall be identified with the name of
the company.
The contractor shall make sure that each employee has the correct Personal Protective
Equipment (PPE) appropriate for the job.
9. COOPERATION WITH OTHERS/PUBLIC RELATIONS
The contractor shall maintain good public relations at all times. The work shall be
conducted in a manner which will cause the least possible interference to the public. The
contractor shall maintain telephone availability during normal company business hours to
receive and resolve all complaints from the City. The contractor shall make available a
representative to investigate all complaints, make personal contact responses, and to
effect resolution.
10. THE CITY’S RIGHT TO DO WORK
The City reserves the right to do work in the contract area. The City expects to have one
or more separate Contractor/utility companies working in the same area at the same
time. Contractor shall coordinate and cooperate with any and all separate Contractors at
no additional cost to the City. Such coordination may include, but will not be limited to,
participating in regularly scheduled or special meetings with the City, residents, and/or
other Contractors; sharing work and materials storage areas; scheduling work to
coincide with work of another Contractor and to minimize disruption to residents; and
similar tasks requested by the City.
Full compensation for conforming to the requirements of this section shall be considered
as included in the prices paid for the various contract items of work involved and not
additional compensation will be allowed therefor.
11. INCLEMENT WEATHER
After inclement weather, the contractor will provide inspection of the areas to assess any
damage to trees or palms from the weather.
12. CLEANUP
All litter and debris generated during the performance of the contract shall be removed
from the project areas the same day it is generated and disposed of off-site in a proper
manner and at the contractor's expense. All laws and ordinances applicable to and
governing such disposal shall be fully complied with.
13. SOUND CONTROL
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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32374915.1
The operator shall comply with all local sound control and noise level rules, regulations,
and ordinances.
14. PARKING OF THE CONTRACTOR’S VEHICLES
No overnight parking of vehicles will be permitted on City streets. Parking on City
property shall be with written authorization only.
15. COMPLETION OF WORK
All work shall be completed per the schedule provided by the contractor and approved
by the City.
16. ACCESS TO PRIVATE PROPERTY
Prior to any work that will restrict access to private property, the contractor shall notify
each affected property owner or responsible person, informing him him/her of the nature
of and the approximate duration of the restriction.
17. LEGAL RELATIONS AND RESPONSIBILITY
The Contractor work shall conform to the requirements in the Agreement.
18. DESERT WILLOW GOLF RESORT
Access to the golf course is limited. Work is to be done by climbing. Brush to be
removed immediately. Pruning and/or removal may only be done by small vehicles and
trailer. Boom trucks, loaders, and heavy equipment will not be permitted on the golf
course.
19. OPTIONAL SERVICES
Upon request from the City, the Contractor may provide tree maintenance services
beyond the work identified above. Prior to performing any extra Work, the contractor
shall prepare and submit a written proposal, including a description of the work, a list of
materials, and a schedule for completion. No work shall commence without written
approval of the Contractors proposal by the Director of Public Works or his or her
designee.
B. INFORMATION AVAILABLE FROM THE CITY
The City will provide copies of all available record information on file at the City. Following
are the items available:
a. Pertinent records maintained at the City
b. Current Tree Inventory
c. Landscape staff is also available to answer questions
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Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “B”
SCHEDULE OF SERVICES
C. SCHEDULE
Work shall be completed per the approved schedule. Failure to notify the City of a change
and/or failure to perform an item or work on a scheduled day may result in a penalty
assessed against the Proposer.
a. In addition, the Proposer, and his/her representative shall meet with the City's Director of
Public Works or his/her designee on an as needed basis for the purpose of reviewing the
completed work.
b. The general hours of operations shall be City work hours, Monday through Friday, with
the exception of the Housing Authority properties whose start time is 8:00 am. No work
may be performed on City recognized holidays and weekends, except in the case of
emergency or as approved by the Director of Public Works or his/her designee.
c. The contractor is required to furnish schedules/reports for planned pruning work to all
persons performing any portion of the contract. Schedules/reports must be approved prior
to the start of work by the Director of Public Works or his/her designee. The City plans on
continuing its current hardwood pruning cycle based on a three (3) to five (5) year cycle,
depending on species and based on location and growth. Some tree species are to be
pruned annually (i.e. Prosopis, Acacia, Dalbergia, and Parkinsonia). All palms are to be
pruned annually. Contractor is to update the tree and palm inventory accordingly.
Palms Approximate
Prune Date
Phoenix dactylifera May 7 – June 15
Washingtonia robusta and Washingtonia robusta “Hybrid’ May 15 – July 15
Bismarckia nobilis May 15 – July 15
Washingtonia filifera July 1 – July 30
Brahea armata July 1 – July 30
Sygarus romanzoffiana July 1 – July 30
Hardwood trees
City and Housing
Authority trees.
Spring and/or Fall
season. Summer
not suggested due
to stress pruning
puts on trees.
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Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32374915.1
Desert Willow Golf Resort The majority of the
annual hardwood
pruning to take
place between
August 1 and
September 20. This
is best for the
overall Desert
Willow operation.
The second pruning
window would be
December 1 through
December 24.
Scheduled work
may be subject to
change.
Although it is the contractor’s responsibility to schedule their crews, there are priority areas in
the City that must be pruned first. These areas are: El Paseo, The Grove, One Quail Place
Apartments, and Las Serenas Apartments, subject to the direction of the City.
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Contract No. ___________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
EXHIBIT “C”
COMPENSATION
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Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
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Contract No. ___________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32374915.1
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Contract No. ___________
Exhibit “C”
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) and the
Palm Desert Housing Authority (“Housing Authority”) has awarded to WEST COAST
ARBORISTS, INC., (hereinafter referred to as the “Contractor”) an agreement for
Arboriculture Services Project
(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 June 13, 2024, (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, WEST COAST ARBORISTS, INC., the undersigned Contractor
and _____________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ONE MILLION ONE HUNDRED FOURTEEN THOUSAND
ONE HUNDRED TWENTY-FIVE DOLLARS , ($1,114,125), said sum being not less than one
hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City and Housing
Authority, 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 City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City and Housing 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 City’s rights or the Contractor or Surety’s obligations under the
Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section
337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including
other costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
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Contract No. ___________
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_________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
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.
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Contract No. ___________
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
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Contract No. ___________
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
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Contract No. ___________
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”) and Palm
Desert Housing Authority (“Housing Authority”), by action taken or a resolution passed June 13,
2024, has awarded to WEST COAST ARBORISTS, INC., hereinafter designated as the
“Principal,” a contract for the work described as follows:
Arboriculture Services Project (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 13, 2024, (“Contract Documents”), the terms and
conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any materials,
provisions, provender, equipment, or other supplies used in, upon, for or about the performance
of the work contracted to be done, or for any work or labor done thereon of any kind, or for
amounts due under the Unemployment Insurance Code or for any amounts required to be
deducted, withheld, and paid over to the Employment Development Department from the wages
of employees of said Principal and its Subcontractors with respect to such work or labor the Surety
on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety,
are held and firmly bound unto the City in the penal sum of ONE MILLION ONE HUNDRED
FOURTEEN THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS , ($1,114,125) lawful
money of the United States of America, for the payment of which sum well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of
the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or
other supplies, used in, upon, for or about the performance of the work contracted to be done, or
for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance
Code with respect to work or labor performed under the contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development Department or Franchise
Tax Board from the wages of employees of the contractor and his subcontractors pursuant to
Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety
or Sureties will pay for the same, in an amount not exceeding the sum herein above specified,
and also, in case suit is brought upon this bond, all litigation expenses incurred by City and
Housing 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
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
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Contract No. ___________
modification of any terms of payment or extension of the time for any payment pertaining or
relating to any scheme or work of improvement herein above described, nor by any rescission or
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to
recover under any such contract or agreement or under the bond, nor by any fraud practiced by
any person other than the claimant seeking to recover on the bond and that this bond be construed
most strongly against the Surety and in favor of all persons for whose benefit such bond is given,
and under no circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City and Housing
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]
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Contract No. ___________
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
__________________________________
Title_______________________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
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.
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Contract No. ___________
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
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Contract No. ___________
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
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Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 12, 2024
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: APPROVAL OF AGREEMENT WITH SID’S CARPET BARN, INC., FOR
FLOOR COVERINGS AT PALM DESERT HOUSING AUTHORITY
PROPERTIES FOR FY 2024/2025
RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board:
1. Authorization to use Engineered Floors, LLC. (dba J + J Flooring) (“Engineered Floors”), an
Omnia Partners (“Omnia”) national government cooperative contract holder for flooring and
outdoor surfaces solutions, contract 02-146, at the Palm Desert Housing Authority
(“Authority”) properties pursuant to Section 3.30.160(E) of the Palm Desert Municipal Code.
2. Approval to enter into an agreement with Sid’s Carpet Barn, Inc. (aka Curtis Allan
Floorcovering, Inc.), (“Sid’s Carpet”), an authorized installer of Engineered Flo ors, for
procurement and installation of floor coverings and related supplies and services at the
Authority’s properties for a term of one (1) year with an option to renew the agreement for no
more than four additional one-year terms in an annual amount not to exceed $175,000.
3. Authorization for the Executive Director, or his designee, to execute the agreement , approve
written contract amendments and change order requests for unanticipated conditions per
Section 3.30.170 of the Palm Desert Municipal Code, and take any necessary actions to
facilitate execution of agreement with Sid’s Carpet and any documents necessary to
effectuate the actions taken herewith.
ATTACHMENTS:
1. Staff Report to Palm Desert Housing Authority Board
2. Omnia Partners Participation Letter- Engineered Floors, LLC
3. Sid’s Carpet Certified Installer Letter and Cooperative Pricing Acknowledgement
4. Engineered Floors, LLC Letter Authorizing Sid’s Carpet to Install
5. Draft Agreement
6. Draft Bonds
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Page 1 of 2
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 13, 2024
PREPARED BY: Celina Cabrera, Management Analyst
REQUEST: APPROVE AGREEMENT WITH SID’S CARPET BARN, INC., FOR FLOOR
COVERINGS AT PALM DESERT HOUSING AUTHORITY PROPERTIES
FOR FISCAL YEAR 2024/25
RECOMMENDATION:
1. Authorize the use of Engineered Floors, LLC, (dba J + J Flooring) (“Engineered Floors”), an
Omnia Partners (“Omnia”) national government cooperative contract holder for flooring and
outdoor surfaces solutions, Contract 02-146, by property management, at the Palm Desert
Housing Authority (“Authority”) properties pursuant to Section 3.30.160(E) of the Palm Desert
Municipal Code.
2. Approve the agreement with Sid’s Carpet Barn, Inc., (aka Curtis Allan Floorcovering, Inc.),
(“Sid’s Carpet”), an authorized installer of Engineered Floors, for procurement and installation
of floor coverings and related supplies and services at the Authority’s properties for a term of
one (1) year with an option to renew the agreement for no more than four additional one-year
terms in an annual amount not to exceed $175,000.
3. Authorize the Executive Director, or his designee, to execute the agreement, approve written
contract amendments and change order requests for unanticipated conditions per Section
3.30.170 of the Palm Desert Municipal Code, and take any necessary actions to facilitate
execution of agreement with Sid’s Carpet and any documents necessary to effectuate the
actions taken herewith.
BACKGROUND/ANALYSIS:
On average, Authority replaces damaged, deteriorated, or inefficient flooring in approximately
20% of its total units annually. The types of flooring products replaced include vinyl, carpet,
carpet tile, tile, underlayment, padding, adhesives, and more. Since 2019, the Authority’s
property management has used Engineered Floors, a national government cooperative contract
holder with Omnia, to procure floor coverings and related supplies at the government
cooperative rate. Engineered Floors has confirmed that they will continue to extend the
cooperative pricing and terms to the Authority. This satisfied procurement requirements pursuant
to Palm Desert Municipal Code Section 3.30.160(E), permitted exception when competitive bids
have been conducted by another public agency.
Since 2015, Sid’s Carpet, also known as Curtis Allan Floorcovering, Inc., has been responsible
for procuring and installing government cooperative flooring products at the Authority’s
properties. Sid’s Carpet has consistently demonstrated satisfactory performance in their
responsiveness and efficiency in procuring and installing flooring materials. This service
agreement supports the Authority’s property management company to continue to use Sid’s
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Palm Desert Housing Authority
Sid’s Carpet Barn for PDHA Properties FY 2024/2025
Page 2 of 2
Carpet and in operating efficiently and effectively repairing units. Sid’s Carpet is in Riverside
County and is certified by Engineered Floors as an official installer.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The Housing Commission will review this recommendation at its regular meeting on
June 12, 2024. Upon request, a verbal report will be provided at the Authority’s regular meeting
on June 13, 2024.
FINANCIAL IMPACT:
Funds have been included in Housing Authority FY 2024-25 Proposed Annual Budget in the
appropriate Authority accounts for each of the properties. There is no financial impact to the
General Fund from this action.
ATTACHMENTS:
1. Omnia Partners Participation Letter- Engineered Floors, LLC
2. Sid’s Carpet Certified Installer Letter and Cooperative Pricing Acknowledgement
3. Engineered Floors, LLC Letter Authorizing Sid’s Carpet to Install
4. Draft Agreement
5. Draft Bonds
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5001 Aspen Grove,
Franklin, TN 37067
February 1st, 2024
To Whom It May Concern:
Palm Desert Housing Authority submitted a participation form and was accepted as a member of OMNIA
Partners on September 26th, 2012.
The OMNIA Partners Participation Number assigned to the Palm Desert Housing Authority is: 4001732.
Palm Desert Housing Authority is currently participating in OMNIA Partners Contracts with
Lowes Home Centers, Inc., Home Depot U.S.A., Inc., HD Supply Facilities Maintenance, Sherwin -
Williams, The Garland Company, Inc., Waxie Sanitary Supply, Quill Corporation.
Palm Desert Housing Authority has requested access to utilize Engineered Floors, LLC. contract number
02-146 Engineered Floors Flooring and Outdoor Surfaces Solutions. Palm Desert Housing Authority has
been granted access to utilize Engineered Floors, LLC. Contract 02-146, pending their board approval.
Your dedicated Member Development Manager is Caitlin Nee.
Caitlin may be reached at 615-639-1651, or at caitlin.nee@omniapartners.com.
Thank you for your participation with OMNIA Partners.
Sincerely,
Bishop Theroff
Manager, Member Services
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Contract No. ___________
1
Revised 07-2023
BBK 72500.00001\32375220.1
PALM DESERT HOUSING AUTHORITY
SHORT FORM CONSTRUCTION CONTRACT
1. Parties and Date. This Agreement is made and entered into this 27th day of June, 2024,
by and between the Palm Desert Housing Authority, a municipal corporation 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, (“Authority”) and Sid’s Carpet Barn, Inc., a California
Corporation, with its principal place of business at 132 W 8th Street, National City, CA 91950
("Vendor"). The Authority and Vendor are sometimes individually referred to herein as "Party" and
collectively as "Parties."
2. Recitals.
2.1 Authority. 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 Procurement and Installation of Floor Coverings and Related Supplies 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 Authority.
2.3 Project.
The Authority is a public agency of the State of California and is in need of services for
the following project:
Procurement and Installation of Floor Coverings and Related Supplies
(hereinafter referred to as “the Project”).
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, Performance and Payment Bond 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:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)
• Public Works Contractor Registration Certification (Exhibit “E”)
• Payment and Performance Bonds (Exhibit “F”)
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
specifications, plans/construction drawings, general contract terms, scope of work, standard
plans, advertisements for bid/proposals, bids/proposals or other documents submitted by
Contractor.
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Contract No. ___________
2
Revised 07-2023
BBK 72500.00001\32375220.1
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 actually
incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount
of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office
space, any materials, or any costs of equipment idle time for such work. Nothing herein shall
prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By Authority. 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
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
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Contract No. ___________
3
Revised 07-2023
BBK 72500.00001\32375220.1
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 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” or “B” attached hereto or
may be provided separately in writing to Contractor. Contractor agrees that if such Work is not
completed within the aforementioned Contract Time and/or pursuant to any such completion
schedule, construction schedule or project milestones developed pursuant to provisions of the
Contract, it is understood, acknowledged and agreed that the Authority will suffer damage.
Pursuant to Government Code Section 53069.85, Contractor shall pay to the Authority as fixed
and liquidated damages the sum of Five Hundred Dollars ($500.00) per day for each and every
calendar day of delay beyond the Contract Time or beyond any completion schedule, construction
schedule, or Project milestones established pursuant to the Contract.
3.4 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
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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 Authority
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. 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. 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, Authority agrees to pay Contractor the Total Contract Price One Hundred
Seventy Five Thousand and 00/100 Dollars ($175,000) (“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, Authority will arrange for payment of the Total Contract Price upon
completion and approval by Authority of the Work. If the Work is scheduled for completion in more
than thirty (30) calendar days, Authority will pay Contractor on a monthly basis as 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 Authority within thirty
(30) days from the last date of the Work or termination in accordance with this Contract and failure
by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
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3.7.3 Prompt Payment. 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 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 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
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
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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 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 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, Contractor agrees to fully comply with such
Prevailing Wage Laws. 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 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
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
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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 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
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 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
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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 Authority, 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.
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 and their
respective directors, officers, agents, employees, volunteers, and representatives for any alleged
violations. In addition, 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. 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 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
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Contract. Upon request, 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. 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
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
Authority 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
Authority permits, Contractor shall pay the Authority’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 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
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disturbance of any conditions, notify 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 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,
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, 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 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 broader, 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 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 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.
3.9.12 Removal of Waste and Debris. Contractor shall remove at its own expense
all rubbish and waste materials resulting from its operations, including any material that may fall
in swimming pools, lagoons, or other water features. If on private property, Contractor must obtain
permission from the property owner prior to removing debris. All debris must be removed before
the end of the day unless otherwise directed by Authority or Authority’s agent.
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3.9.13 Notifications to Authority and Residents. The Contractor shall acknowledge
that the Authority provides forty-eight (48) hours’ notice in advance of the start of any Work that
is to occur at any residential unit. Contractor shall provide sufficient notice to the Authority before
beginning any such Work so that the Authority may provide timely notice to residents.
3.9.14 Paths of Travel. Pedestrian paths of travel must be maintained free of
obstructions and hazardous conditions, except where the condition is necessary for completion
of the Work. To the extent any portion of the Work requires obstructing pedestrian paths of travel,
the Work shall be performed so as to minimize the extent of the obstruction. Where Contractor’s
operations may create hazardous conditions to pedestrian paths of travel, appropriate signing
and barricades shall be installed to safely route pedestrians around the impacted area. The
Authority shall be given at least 48-hours’ notice prior to the creation of any condition affecting
pedestrian paths of travel.
3.10 Completion of Work. When Contractor determines that it has completed the Work
required herein, Contractor shall so notify Authority in writing and shall furnish all labor and
material releases required by this Contract. 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 Authority, Authority shall pay to
Contractor the Total Contract Price remaining to be paid, less any amount which 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.
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
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(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 shall 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
(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
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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.
(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.
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(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.
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.
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(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
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 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, 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 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 and their
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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 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 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 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
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
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(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 Authority, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the Authority 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 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 Authority’s Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with Authority at all times during the term of this
contract. Authority reserves the right to require complete, certified copies of all required insurance
policies, at any time.
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 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 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 Authority before the Authority’s own insurance or self-
insurance shall be called upon to protect it as a named insured.
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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 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, Authority has the right, but not the duty, to obtain the insurance it deems
necessary, and any premium paid by Authority will be promptly reimbursed by Contractor, or
Authority will withhold amounts sufficient to pay premium from Contractor payments. In the
alternative, 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 Authority’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
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 and their respective officers, agents, employees,
volunteers, and representatives and shall require similar written express waivers and insurance
clauses from each of its subcontractors.
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.
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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 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 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 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
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 Authority. 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 Authority.
3.14.2.17 Timely Notice of Claims. Contractor shall give 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 Authority in Exhibit “C” and Exhibit “F” attached hereto and incorporated herein by reference,
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Contractor shall execute and provide to 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 Authority in Exhibit “C”
and Exhibit “F” attached hereto and incorporated herein by reference, Contractor shall execute
and provide to 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
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,
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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.
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 the
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
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Contract No. ___________
22
Revised 07-2023
BBK 72500.00001\32375220.1
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 or 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.
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: Sid’s Carpet Barn, Inc.
132 W 8th Street
National City, CA 91950
ATTN: Robert C. Wood, Vice President
Authority: Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Jessica Gonzales, Housing Manager
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.
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Contract No. ___________
23
Revised 07-2023
BBK 72500.00001\32375220.1
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, 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.
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 th e
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Contract No. ___________
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BBK 72500.00001\32375220.1
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.
3.18.20 Federal Provisions. Reserved.
[Signatures on Next Page]
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Contract No. ___________
25
Revised 07-2023
BBK 72500.00001\32375220.1
Robert C. Wood
Vice President
Treasurer
Jared B. Ziman
SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE PALM DESERT HOUSING AUTHORITY
AND SID’S CARPET BARN, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be
executed on the day and year first above written.
PALM DESERT HOUSING AUTHORITY
By:
L. Todd Hileman
Executive Director
Attest:
By:
Anthony J. Mejia
Secretary
Approved as to form:
By:
Isra Shah
Best Best & Krieger LLP
Special Counsel
SID’S CARPET BARN, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
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Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “A”
SERVICES / SCHEDULE
This agreement includes and hereby incorporates in full by reference the Scope of Services as
provided in the OMNIA Partners Purchasing Alliance Agreement for Flooring & Outdoor
Surfacing Solutions Contract No. 02-60, with Engineered Floors, LLC, (“the Piggyback
Contract”), and the respective Request for Proposal issued June 12, 2018, and any
amendments thereof.
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Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “B”
PLANS AND SPECIFICATIONS
This agreement includes and hereby incorporates in full by reference the Scope of Services as
provided in the OMNIA Partners Purchasing Alliance Agreement for Flooring & Outdoor
Surfacing Solutions Contract No. 02-60, with Engineered Floors, LLC, (“the Piggyback
Contract”), and the respective Request for Proposal issued June 12, 2018, and any
amendments thereof.
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Contract No. ______________
Exhibit “C”
Revised 07-2023
BBK 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.
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.
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Contract No. ______________
Exhibit “D”
Revised 07-2023
BBK 72500.00001\32375220.1
Robert C. Wood
Vice 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.
Sid’s Carpet Barn, Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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Contract No. ______________
Exhibit “E”
Revised 07-2023
BBK 72500.00001\32375220.1
X
Sid’s Carpet Barn, Inc.
Sid’s Carpet Barn, Inc.
Robert C. Wood, Vice President
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:
DIR Registration Number:
DIR Registration Expiration: _________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further
acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in
its contract with subcontractors and ensure that all subcontractors are registered at the
time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a
finding that the bid is non-responsive.
Name of Contractor: ___________________
Signature:
Name and Title:
Dated:
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.”
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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 27, 2024 has awarded to Sid’s Carpet
Barn, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
Procurement and Installation of Floor Coverings and Related Supplies (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 27, 2024 (“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 Seventy Five
Thousand and 00/100 Dollars ($175,000.00) 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 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
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
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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 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 FOLLOWING PAGE]
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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
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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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
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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/t heir
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
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as
“Authority”) has awarded to Sid’s Carpet Barn, Inc., (hereinafter referred to as the “Contractor”)
an agreement for Procurement and Installation of Floor Coverings and Related Supplies
(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 June 27, 2024, (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, Sid’s Carpet Barn, Inc. 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 Seventy Five Thousand and 00/100 Dollars
($175,000.00), 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, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by 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:
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
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(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 FOLLOWING PAGE]
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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
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
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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
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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/t heir
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
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Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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Housing Commission Meeting
Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 12, 2024
PREPARED BY: Damian Olivares, Senior Administrative Assistant
REQUEST: HOUSING AUTHORITY MONTHLY REPORTS FOR MARCH 2024
RECOMMENDATION:
Receive and file Palm Desert Housing Authority property reports from Falkenberg/Gilliam &
Associates for the month of March 2024.
ATTACHMENTS:
1. Occupancy Status Report
2. Occupancy and Average Rent Summary
3. Occupancy and Average Rent Statement
4. Net Operating Income Statement
5. Palm Desert Housing Authority Project Report
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Housing Commission Meeting
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MONTHLY OCCUPANCY STATUS REPORT MARCH 2024 REPORT
REPORTING MONTH: March-24
REPORT DATE: 4/25/24
"MULTI-FAMILY PROPERTIES"Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
California Villas
a. Total Units in Complex 141 141 141 141 141 141 141 141 141 141 141 141
b. Unoccupied Units 3 4 5 4 3 1 3 4 6 2 1 3
c. Occupied Units 138 137 136 137 138 140 138 137 135 139 140 136
d. Pending Leases 3 4 5 3 3 3 6 5 3 2 1 2
e. Ending Occupied & Pre-leased 141 141 141 140 141 143 144 142 140 141 141 138
f. Down Units 0 1 1 1 1 1 1 1 1 0 0 0
g. Number of Wait List Contactees 40 30 25 200 130 100 120 130 130 10 20 40
h. Re-Cert Pkts Sent Out During Month 5 8 12 5 13 13 13 13 12 6 13 13
i. Number of Traffic Qualified 20 15 25 10 15 25 30 10 15 12 25 30
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 3 4 4 5 3 3 3 3 3 2 2 2
c. Occupied Units 61 60 60 59 61 61 61 61 61 62 61 62
d. Pending Leases 1 1 3 2 1 1 1 0 1 0 1 1
e. Ending Occupied & Pre-leased 62 61 63 61 62 62 62 61 62 62 62 63
f. Down Units 1 1 1 1 1 1 1 1 1 1 1 1
g. Number of Wait List Contactees 68 46 64 72 70 46 42 62 65 79 51 53
h. Re-Cert Pkts Sent Out During Month 2 4 6 2 9 2 7 4 3 4 5 5
i. Number of Traffic Qualified 15 21 17 9 44 9 8 6 11 22 24 17
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 2 2 2 2 3 3 5 5 5 2 2 3
c. Occupied Units 46 46 46 46 45 45 43 43 43 46 46 46
d. Pending Leases 1 1 2 2 2 1 3 4 5 1 2 1
e. Ending Occupied & Pre-leased 47 47 48 48 47 46 46 47 47 47 48 47
f. Down Units 1 1 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 20 25 20 30 40 35 40 45 20 30 25 30
h. Re-Cert Pkts Sent Out During Month 4 3 5 1 2 5 5 2 5 4 4 1
i. Number of Traffic Qualified 10 30 35 40 35 30 25 30 25 35 40 30
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 0 1 1 0 0 0 0 0 0 1 2 0
c. Occupied Units 24 23 23 24 24 24 24 24 24 23 22 24
d. Pending Leases 0 0 0 0 0 0 0 0 0 0 2 0
e. Ending Occupied & Pre-leased 24 23 23 24 24 24 24 24 23 23 24 24
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 0 33 22 0 0 0 0 0 0 54 26 0
h. Re-Cert Pkts Sent Out During Month 3 2 2 2 1 1 0 3 1 1 2 1
i. Number of Traffic Qualified 9 16 14 6 10 6 7 8 5 11 8 11
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 5 9 10 11 10 17 17 17 16 16 17 16
c. Occupied Units 379 375 374 373 374 367 367 367 368 368 367 368
d. Pending Leases 5 7 5 12 13 12 9 9 11 9 6 9
e. Ending Occupied & Pre-leased 384 382 379 385 387 379 376 376 375 377 373 377
f. Down Units 1 3 3 3 2 7 8 9 9 8 0 8
g. Number of Wait List Contactees 110 149 101 238 128 157 119 125 69 81 180 210
h. Re-Cert Pkts Sent Out During Month 22 31 28 26 20 23 32 21 26 30 34 23
i. Number of Traffic Qualified 46 46 23 126 32 47 50 78 63 44 92 57
j. Number of Traffic Non-Qualified 3 4 8 6 14 8 15 2 1 5 2 4
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MONTHLY OCCUPANCY STATUS REPORT MARCH 2024 REPORT
"MULTI-FAMILY PROPERTIES"Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
Palm Village
a. Total Units in Complex 36 36 36 36 36 36 36 36 36 36 36 36
b. Unoccupied Units 1 1 1 1 2 1 0 1 1 1 0 0
c. Occupied Units 35 35 35 35 34 35 36 35 35 35 36 36
d. Pending Leases 0 0 1 0 2 1 0 0 0 1 0 0
e. Ending Occupied & Pre-leased 35 35 36 35 36 36 36 35 36 36 36 36
f. Down Units 1 1 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 20 20 25 20 20 25 10 0 0 20 25 10
h. Re-Cert Pkts Sent Out During Month 2 4 2 2 3 4 2 3 2 2 2 2
i. Number of Traffic Qualified 5 10 25 20 25 20 15 10 15 10 15 15
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 1 1 2 3 2 1 2 2 2 2 2 2
c. Occupied Units 19 19 18 17 18 19 18 18 18 18 18 18
d. Pending Leases 1 2 2 3 2 1 1 1 1 1 2 0
e. Ending Occupied & Pre-leased 20 21 20 20 20 20 19 19 19 19 20 18
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 25 15 25 20 20 25 30 20 20 20 25 20
h. Re-Cert Pkts Sent Out During Month 2 0 0 2 3 0 2 1 1 0 2 0
i. Number of Traffic Qualified 5 10 8 5 25 20 25 20 20 10 10 10
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 0 1 2 1 1 1 1 2 2 1 2 2
c. Occupied Units 16 15 14 15 15 15 15 14 14 15 14 14
d. Pending Leases 0 0 0 0 1 0 0 1 1 0 0 1
e. Ending Occupied & Pre-leased 16 15 14 15 16 15 15 15 15 15 14 15
f. Down Units 0 0 0 0 0 0 1 1 1 1 0 0
g. Number of Wait List Contactees 0 0 48 0 0 0 39 0 0 0 0 0
h. Re-Cert Pkts Sent Out During Month 0 2 0 1 1 1 0 1 1 3 1 0
i. Number of Traffic Qualified 5 14 11 6 6 4 9 4 5 6 8 8
j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0
SUMMARY
MULTI-FAMILY PROPERTIES Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
a. Total Units in Complex 733 733 733 733 733 733 733 733 733 733 733 733
b. Unoccupied Units 15 23 27 27 24 27 31 34 35 27 28 28
c. Occupied Units 718 710 706 706 709 706 702 699 698 706 704 668
d. Pending Leases 11 15 18 22 24 19 20 20 22 14 14 14
e. Ending Occupied & Pre-leased 729 725 724 728 733 725 722 719 717 720 718 718
f. Down Units 4 7 5 5 4 9 11 12 12 10 1 9
g. Number of Wait List Contactees 283 318 330 580 408 388 400 382 304 294 352 363
h. Re-Cert Pkts Sent Out During Month 40 54 55 41 52 49 61 48 51 50 63 45
i. Number of Traffic Qualified 115 162 158 222 192 161 169 166 159 150 222 178
j. Number of Traffic Non-Qualified 3 4 8 6 14 8 15 2 1 5 2 4
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MONTHLY OCCUPANCY STATUS REPORT MARCH 2024 REPORT
REPORTING MONTH: March-24
REPORT DATE: 4/25/24
"SENIOR PROPERTIES"Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
Candlewood
a. Total Units in Complex 30 30 30 30 30 30 30 30 30 30 30 30
b. Unoccupied Units 2 2 2 2 2 2 2 2 2 3 4 4
c. Occupied Units 28 28 28 28 28 28 28 28 28 27 26 26
d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0
e. Ending Occupied & Pre-leased 28 28 28 28 28 28 28 28 27 27 26 26
f. Down Units 2 2 2 2 2 2 2 2 2 2 0 2
g. Number of Wait List Contactees 16 0 0 0 0 0 0 0 0 0 0 0
h. Re-Cert Pkts Sent Out During Month 5 3 1 4 3 3 6 2 2 3 0 3
i. Number of Traffic Qualified 4 0 0 2 0 0 2 0 0 0 0 0
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 3 2 1 0 1 1 1 0 0 1 2 2
c. Occupied Units 70 71 72 73 72 72 72 73 73 72 71 71
d. Pending Leases 2 2 1 0 0 1 1 0 0 0 0 1
e. Ending Occupied & Pre-leased 72 73 73 73 72 73 73 73 73 72 71 72
f. Down Units 1 0 0 0 0 0 0 0 0 1 0 0
g. Number of Wait List Contactees 72 91 88 49 44 54 33 30 30 28 40 16
h. Re-Cert Pkts Sent Out During Month 7 7 10 2 6 3 3 3 3 9 9 7
i. Number of Traffic Qualified 1 7 3 0 3 4 5 3 3 1 2 3
j. Number of Traffic Non-Qualified 0 0 2 1 1 2 1 2 2 0 2 0
Catalina Gardens
a. Total Units in Complex 72 72 72 72 72 72 72 72 72 72 72 72
b. Unoccupied Units 3 3 3 3 4 4 4 5 5 6 5 5
c. Occupied Units 69 69 69 69 68 68 68 67 67 66 67 67
d. Pending Leases 1 1 0 1 1 2 2 3 3 2 0 1
e. Ending Occupied & Pre-leased 70 70 69 70 69 70 70 70 70 68 67 68
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 71 20 10 12 26 27 61 34 200 95 72 86
h. Re-Cert Pkts Sent Out During Month 10 1 7 5 10 10 5 7 7 4 3 3
i. Number of Traffic Qualified 8 4 3 3 5 3 3 1 12 2 3 3
j. Number of Traffic Non-Qualified 0 0 0 1 1 2 0 2 2 6 4 4
La Rocca Villas
a. Total Units in Complex 27 27 27 27 27 27 27 27 27 27 27 27
b. Unoccupied Units 0 1 0 0 0 1 1 2 2 2 0 0
c. Occupied Units 27 26 27 27 27 26 26 25 25 25 27 27
d. Pending Leases 0 0 0 0 0 0 0 1 1 2 0 0
e. Ending Occupied & Pre-leased 27 26 27 27 27 26 26 26 25 27 27 27
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 10 38 0 0 0 0 68 47 62 0 0 0
h. Re-Cert Pkts Sent Out During Month 2 1 3 1 2 0 3 2 1 1 1 4
i. Number of Traffic Qualified 11 13 18 13 22 18 7 8 0 4 6 7
j. Number of Traffic Non-Qualified 0 0 0 3 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
b. Unoccupied Units 6 5 7 6 8 7 5 5 6 4 4 0
c. Occupied Units 144 145 143 144 142 143 145 145 144 146 146 150
d. Pending Leases 2 2 1 2 4 6 4 2 3 2 0 0
e. Ending Occupied & Pre-leased 146 147 144 146 146 149 149 147 146 148 146 150
f. Down Units 4 4 3 3 3 2 0 2 2 2 0 0
g. Number of Wait List Contactees 31 63 54 149 191 108 89 93 84 98 68 35
h. Re-Cert Pkts Sent Out During Month 8 14 18 14 10 10 10 11 7 11 5 5
i. Number of Traffic Qualified 34 32 41 38 37 34 42 36 5 36 46 51
j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0
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Housing Commission Meeting
MONTHLY OCCUPANCY STATUS REPORT MARCH 2024 REPORT
"SENIOR PROPERTIES"Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
Pueblos
a. Total Units in Complex 15 15 15 15 15 15 15 15 15 15 15 15
b. Unoccupied Units 1 0 0 0 0 0 0 0 0 0 1 1
c. Occupied Units 14 15 15 15 15 15 15 15 15 15 14 14
d. Pending Leases 1 0 0 0 0 0 0 0 0 0 0 0
e. Ending Occupied & Pre-leased 15 15 15 15 15 15 15 15 15 15 14 14
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 9 0 0 0 0 0 0 0 0 0 0 0
h. Re-Cert Pkts Sent Out During Month 3 1 1 3 1 1 3 3 0 0 0 0
i. Number of Traffic Qualified 2 0 0 2 0 0 0 0 0 0 0 0
j. Number of Traffic Non-Qualified 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
b. Unoccupied Units 0 0 0 0 0 0 0 0 0 0 1 1
c. Occupied Units 14 14 14 14 14 14 14 14 14 14 13 13
d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0
e. Ending Occupied & Pre-leased 14 14 14 14 14 14 14 14 14 14 13 13
f. Down Units 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 0
h. Re-Cert Pkts Sent Out During Month 1 2 1 2 2 2 2 2 2 0 0 0
i. Number of Traffic Qualified 1 0 0 2 0 0 0 0 0 0 0 0
j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0
SUMMARY
SENIOR PROPERTIES Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24
a. Total Units in Complex 381 381 381 381 381 381 381 381 381 381 381 381
b. Unoccupied Units 15 13 13 11 15 15 13 14 15 16 17 13
c. Occupied Units 366 368 368 370 366 366 368 367 366 365 364 368
d. Pending Leases 6 5 2 3 5 9 7 6 7 6 0 2
e. Ending Occupied & Pre-leased 372 373 370 373 371 375 375 373 370 371 364 370
f. Down Units 7 6 5 5 5 4 2 4 4 5 0 2
g. Number of Wait List Contactees 209 212 152 210 261 189 251 204 376 221 180 137
h. Re-Cert Pkts Sent Out During Month 36 29 41 31 34 29 32 30 22 28 18 22
i. Number of Traffic Qualified 61 56 65 60 67 59 59 48 20 43 57 64
j. Number of Traffic Non-Qualified 0 0 2 5 2 4 1 4 4 6 6 4
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Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
REPORTING MONTH:
REPORT DATE:REPORTED BY:CYNDI KARP
"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. EXTREMELY LOW: 20% OF MEDIAN
a. Studio 1 208 1 208
b. 1 BR, 1 BA 5 242 2 211 1 209 13 227 21 229
c. 2 BR, 1 BA 1 220 2 246 3 245 6 241
d. 2 BR, 2 BA 1 220 7 218 8 218
e. Totals 20%5 3 2 1 22 3 0 0 36
2. EXTREMELY LOW: 21-25% OF MEDIAN
a. Studio 6 276 6 276
b. 1 BR, 1 BA 22 318 7 292 5 301 33 301 67 306
c. 2 BR, 1 BA 6 332 4 333 2 309 12 328
d. 2 BR, 2 BA 2 325 11 331 13 330
e. Totals 21-25%22 13 5 2 50 4 2 0 98
3. EXTREMELY LOW: 26-30% OF MEDIAN
a. Studio 1 340 1 340
b. 1 BR, 1 BA 9 393 1 364 2 380 11 386 23 387
c. 2 BR, 1 BA 2 391 4 416 2 379 1 411 9 401
d. 2 BR, 2 BA 5 407 11 415 16 413
e. Totals 26-30%9 1 5 5 26 2 0 1 49
Total extremely low =36 17 12 8 98 9 2 1 183
Percent of total 26.09%27.42%26.67%33.33%26.70%25.00%11.11%7.69%26.03%
4. VERY LOW: 31-35% OF MEDIAN
a. Studio 3 410 3 410
b. 1 BR, 1 BA 11 472 2 445 12 466 25 467
c. 2 BR, 1 BA 1 488 3 503 3 501 1 474 1 488 9 496
d. 2 BR, 2 BA 3 487 9 503 12 499
e. Totals 31-35%11 5 1 3 24 3 1 1 49
5. VERY LOW: 36-40% OF MEDIAN
a. Studio 3 477 3 477
b. 1 BR, 1 BA 12 550 1 527 1 522 7 533 21 542
c. 2 BR, 1 BA 3 570 8 592 3 564 2 563 2 570 18 578
d. 2 BR, 2 BA 12 591 12 591
e. Totals 36-40%12 4 4 0 27 3 2 2 54
6. VERY LOW: 41-45% OF MEDIAN
a. Studio 4 547 4 547
b. 1 BR, 1 BA 12 618 4 599 10 616 26 614
c. 2 BR, 1 BA 2 663 2 672 5 676 2 651 1 652 12 667
d. 2 BR, 2 BA 2 663 11 757 13 743
e. Totals 41-45%12 4 6 2 23 5 2 1 55
7. VERY LOW: 46-50% OF MEDIAN
a. Studio 2 598 1 612 3 603
b. 1 BR, 1 BA 8 699 2 678 9 686 19 691
c. 2 BR, 1 BA 1 732 2 740 4 757 3 774 4 732 1 740 15 748
d. 2 BR, 2 BA 5 755 5 755
e. Totals 46-50%8 3 5 0 18 3 4 1 42
Total very low =43 16 16 5 92 14 9 5 200
Percent of total 31.16%25.81%35.56%20.83%25.07%38.89%50.00%38.46%28.45%
8. LOWER: 51-55% OF MEDIAN
a. Studio 3 679 1 690 4 682
b. 1 BR, 1 BA 10 781 1 732 6 766 17 773
c. 2 BR, 1 BA 2 816 14 844 4 825 1 811 1 841 22 836
d. 2 BR, 2 BA 3 833 12 843 15 841
e. Totals 51-55%10 4 3 3 32 4 1 1 58
9. LOWER: 56-60% OF MEDIAN
a. Studio 1 759 1 759
b. 1 BR, 1 BA 10 863 1 842 10 846 21 854
c. 2 BR, 1 BA 1 929 5 932 1 903 1 917 3 908 11 921
d. 2 BR, 2 BA 10 940 10 940
e. Totals 56-60%10 2 1 0 25 1 1 3 43
NEIGHBORS
Mar-24
4/25/2024
CALIFORNIA
VILLAS
DESERT
POINTE
LAGUNA
PALMS
ONE QUAIL
PLACE
PALM
VILLAGE SANTA ROSA TAOS PALMS TOTALS
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Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
"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 1 785 1 785
b. 1 BR, 1 BA 5 1,105 15 1,004 20 1,029
c. 2 BR, 1 BA 6 1,082 3 1,048 2 975 11 1,054
d. 2 BR, 2 BA 2 1,114 18 1,113 20 1,113
e. Totals 61-65%5 1 0 2 39 3 2 0 52
11. LOWER: 66-70% OF MEDIAN
a. Studio 1 1,018 1 1,018
b. 1 BR, 1 BA 2 1,250 1 1,133 1 1,229 4 1,171 8 1,193
c. 2 BR, 1 BA 2 1,323 4 1,317 2 1,286 1 1,342 1 1,291 10 1,312
d. 2 BR, 2 BA 2 1,354 10 1,351 12 1,352
e. Totals 66-70%2 2 3 2 18 2 1 1 31
12. LOWER: 71-75% OF MEDIAN
a. Studio 1 1,172 1 1,172
b. 1 BR, 1 BA 4 1,282 1 1,295 4 1,190 9 1,243
c. 2 BR, 1 BA 2 1,426 1 1,400 2 1,385 5 1,404
d. 2 BR, 2 BA 4 1,440 4 1,440
e. Totals 71-75%4 2 2 0 9 2 0 0 19
13. LOWER: 76-80% OF MEDIAN
a. Studio 1 1,213 1 1,213
b. 1 BR, 1 BA 1 1,325 1 1,148 2 1,237
c. 2 BR, 1 BA 1 1,434 1 1,434
d. 2 BR, 2 BA 1 1,434 1 1,434
e. Totals 76-80%1 1 0 0 3 0 0 0 5
Total lower =32 12 9 7 126 12 5 5 208
·Percent of total 23.19%19.35%20.00%29.17%34.33%33.33%27.78%38.46%29.59%
14. MODERATE: 81-120% OF MEDIAN
a. Studio 6 1,083 6 1,083
b. 1 BR, 1 BA 26 1,264 7 1,263 2 1,351 17 1,188 52 1,242
c. 2 BR, 1 BA 1 1,751 3 1,592 6 1,571 14 1,578 1 1,751 2 1,751 2 1,424 29 1,591
d. 2 BR, 2 BA 1 1,751 4 1,554 20 1,557 25 1,564
Total moderate =27 17 8 4 51 1 2 2 112
Percent of total 19.57%27.42%17.78%16.67%13.90%2.78%11.11%15.38%15.93%
15. Total units occupied:138 62 45 24 367 36 18 13 703
16. Occupancy rate =98%97%94%100%96%100%90%81%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 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 97%
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Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
REPORTING MONTH:
REPORT DATE:REPORTED BY:CYNDI KARP
"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. EXTREMELY LOW: 20% OF MEDIAN
a. Studio 4 188 4 188
b. 1 BR, 1 BA 2 214 1 206 5 260 4 213 12 232
c. 2 BR, 1 BA 1 354 5 214 6 237
d. 2 BR, 2 BA 0 -
e. Totals 20%2 1 5 5 9 0 0 22
2. EXTREMELY LOW: 21-25% OF MEDIAN
a. Studio 14 256 14 256
b. 1 BR, 1 BA 4 272 10 364 2 285 5 339 15 290 1 288 1 295 38 314
c. 2 BR, 1 BA 1 307 6 305 7 305
d. 2 BR, 2 BA 0 -
e. Totals 21-25%5 10 16 5 21 1 1 59
3. EXTREMELY LOW: 26-30% OF MEDIAN
a. Studio 6 328 6 328
b. 1 BR, 1 BA 2 365 6 445 2 365 3 419 10 364 2 361 2 364 27 388
c. 2 BR, 1 BA 1 408 1 496 6 393 8 407
d. 2 BR, 2 BA 0 -
e. Totals 26-30%3 7 8 3 16 2 2 41
Total extremely low =10 18 29 13 46 3 3 122
Percent of total 38.46%25.35%43.28%48.15%30.67%21.43%23.08%33.15%
4. VERY LOW: 31-35% OF MEDIAN
a. Studio 5 390 5 390
b. 1 BR, 1 BA 3 442 6 517 6 442 5 501 14 439 4 443 3 443 41 459
c. 2 BR, 1 BA 2 597 6 479 8 508
d. 2 BR, 2 BA 0 -
e. Totals 31-35%3 8 11 5 20 4 3 54
5. VERY LOW: 36-40% OF MEDIAN
a. Studio 3 459 3 459
b. 1 BR, 1 BA 4 518 8 591 2 571 15 523 1 524 2 521 32 542
c. 2 BR, 1 BA 1 573 6 563 7 565
d. 2 BR, 2 BA 0 -
e. Totals 36-40%5 8 3 2 21 1 2 42
6. VERY LOW: 41-45% OF MEDIAN
a. Studio 4 528 4 528
b. 1 BR, 1 BA 1 586 6 691 4 600 2 664 12 596 2 596 27 622
c. 2 BR, 1 BA 1 797 9 650 10 664
d. 2 BR, 2 BA 0 -
e. Totals 41-45%1 7 8 2 21 2 0 41
7. VERY LOW: 46-50% OF MEDIAN
a. Studio 2 585 2 585
b. 1 BR, 1 BA 4 664 7 758 2 666 1 732 6 669 2 669 3 667 25 695
c. 2 BR, 1 BA 2 850 2 732 4 791
d. 2 BR, 2 BA 0 -
e. Totals 46-50%4 9 4 1 8 2 3 31
Total very low =13 32 26 10 70 9 8 168
·Percent of total 50.00%45.07%38.81%37.04%46.67%64.29%61.54%45.65%
8. LOWER: 51-55% OF MEDIAN
a. Studio 4 650 4 650
b. 1 BR, 1 BA 1 757 4 801 2 745 5 755 2 747 14 766
c. 2 BR, 1 BA 6 823 6 823
d. 2 BR, 2 BA 0 -
e. Totals 51-55%1 4 6 0 11 2 0 24
9. LOWER: 56-60% OF MEDIAN
a. Studio 1 735 1 735
b. 1 BR, 1 BA 5 917 3 815 2 847 5 833 2 842 17 857
c. 2 BR, 1 BA 1 1,063 1 1,063
d. 2 BR, 2 BA 0 -
e. Totals 56-60%0 6 4 2 5 0 2 19
Mar-24
4/25/2024
PUEBLOS TOTALS SAGE CREST
SR.CANDLEWOOD LAS SERENASCARLOS
ORTEGA
LA ROCCA
VILLASCATALINA
3/01/2024 Page 1 of 2 Rpt #1 Senior 3.24
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Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
"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 0 -
b. 1 BR, 1 BA 1 891 3 947 7 984 11 966
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 61-65%1 3 0 0 7 0 0 11
11. LOWER: 66-70% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 5 1,250 1 1,133 2 1,176 8 1,217
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 66-70%0 5 1 0 2 0 0 8
12. LOWER: 71-75% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 2 1,202 2 1,202
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 71-75%0 2 0 0 0 0 0 2
13. LOWER: 76-80% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 1 1,292 1 1,292
c. 2 BR, 1 BA 1 1,419 1 1,419
d. 2 BR, 2 BA 0 -
e. Totals 76-80%0 0 0 0 2 0 0 2
Total lower =2 20 11 2 27 2 2 66
Percent of total 7.69%28.17%16.42%7.41%18.00%14.29%15.38%17.93%
14. MODERATE: 81-120% OF MEDIAN
a. Studio 1 1,281 1 1,281
b. 1 BR, 1 BA 2 1,376 4 1,174 6 1,241
c. 2 BR, 1 BA 1 1,751 3 1,654 4 1,678
d. 2 BR, 2 BA 1 1,751 1 1,751
Total moderate =1 1 1 2 7 0 0 12
Percent of total 3.85%1.41%1.49%7.41%4.67%0.00%0.00%3.26%
15. Total units occupied:26 71 67 27 150 14 13 368
16. Occupancy rate =87%97%93%100% 100%93%93%97%
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 97%
3/01/2024 Page 2 of 2 Rpt #1 Senior 3.24
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Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
REPORTING MONTH:
REPORT DATE:REPORTED BY:CYNDI KARP
"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. EXTREMELY LOW: 20% OF MEDIAN
a. Studio 1 208 1 208
b. 1 BR, 1 BA 5 242 2 211 1 209 13 227 21 229
c. 2 BR, 1 BA 1 220 2 246 3 245 6 241
d. 2 BR, 2 BA 1 220 7 218 8 218
e. Totals 20%5 3 2 1 22 3 0 0 36
2. EXTREMELY LOW: 21-25% OF MEDIAN
a. Studio 6 276 6 276
b. 1 BR, 1 BA 22 318 7 292 5 301 33 301 67 306
c. 2 BR, 1 BA 6 332 4 333 2 309 12 328
d. 2 BR, 2 BA 2 325 11 331 13 330
e. Totals 21-25%22 13 5 2 50 4 2 0 98
3. EXTREMELY LOW: 26-30% OF MEDIAN
a. Studio 1 340 1 340
b. 1 BR, 1 BA 9 393 1 364 2 380 11 386 23 387
c. 2 BR, 1 BA 2 391 4 416 2 379 1 411 9 401
d. 2 BR, 2 BA 5 407 11 415 16 413
e. Totals 26-30%9 1 5 5 26 2 0 1 49
Total extremely low =36 17 12 8 98 9 2 1 183
Percent of total 26.09%27.42%26.67%33.33%26.70%25.00%11.11%7.69%26.03%
4. VERY LOW: 31-35% OF MEDIAN
a. Studio 3 410 3 410
b. 1 BR, 1 BA 11 472 2 445 12 466 25 467
c. 2 BR, 1 BA 1 488 3 503 3 501 1 474 1 488 9 496
d. 2 BR, 2 BA 3 487 9 503 12 499
e. Totals 31-35%11 5 1 3 24 3 1 1 49
5. VERY LOW: 36-40% OF MEDIAN
a. Studio 3 477 3 477
b. 1 BR, 1 BA 12 550 1 527 1 522 7 533 21 542
c. 2 BR, 1 BA 3 570 8 592 3 564 2 563 2 570 18 578
d. 2 BR, 2 BA 12 591 12 591
e. Totals 36-40%12 4 4 0 27 3 2 2 54
6. VERY LOW: 41-45% OF MEDIAN
a. Studio 4 547 4 547
b. 1 BR, 1 BA 12 618 4 599 10 616 26 614
c. 2 BR, 1 BA 2 663 2 672 5 676 2 651 1 652 12 667
d. 2 BR, 2 BA 2 663 11 757 13 743
e. Totals 41-45%12 4 6 2 23 5 2 1 55
7. VERY LOW: 46-50% OF MEDIAN
a. Studio 2 598 1 612 3 603
b. 1 BR, 1 BA 8 699 2 678 9 686 19 691
c. 2 BR, 1 BA 1 732 2 740 4 757 3 774 4 732 1 740 15 748
d. 2 BR, 2 BA 5 755 5 755
e. Totals 46-50%8 3 5 0 18 3 4 1 42
Total very low =43 16 16 5 92 14 9 5 200
Percent of total 31.16%25.81%35.56%20.83%25.07%38.89%50.00%38.46%28.45%
8. LOWER: 51-55% OF MEDIAN
a. Studio 3 679 1 690 4 682
b. 1 BR, 1 BA 10 781 1 732 6 766 17 773
c. 2 BR, 1 BA 2 816 14 844 4 825 1 811 1 841 22 836
d. 2 BR, 2 BA 3 833 12 843 15 841
e. Totals 51-55%10 4 3 3 32 4 1 1 58
9. LOWER: 56-60% OF MEDIAN
a. Studio 1 759 1 759
b. 1 BR, 1 BA 10 863 1 842 10 846 21 854
c. 2 BR, 1 BA 1 929 5 932 1 903 1 917 3 908 11 921
d. 2 BR, 2 BA 10 940 10 940
e. Totals 56-60%10 2 1 0 25 1 1 3 43
NEIGHBORS
Mar-24
4/25/2024
CALIFORNIA
VILLAS
DESERT
POINTE
LAGUNA
PALMS
ONE QUAIL
PLACE
PALM
VILLAGE SANTA ROSA TAOS PALMS TOTALS
3/01/2024 Page 1 of 2 Rpt #1 Multi-Family 3.24
189
Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
"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 1 785 1 785
b. 1 BR, 1 BA 5 1,105 15 1,004 20 1,029
c. 2 BR, 1 BA 6 1,082 3 1,048 2 975 11 1,054
d. 2 BR, 2 BA 2 1,114 18 1,113 20 1,113
e. Totals 61-65%5 1 0 2 39 3 2 0 52
11. LOWER: 66-70% OF MEDIAN
a. Studio 1 1,018 1 1,018
b. 1 BR, 1 BA 2 1,250 1 1,133 1 1,229 4 1,171 8 1,193
c. 2 BR, 1 BA 2 1,323 4 1,317 2 1,286 1 1,342 1 1,291 10 1,312
d. 2 BR, 2 BA 2 1,354 10 1,351 12 1,352
e. Totals 66-70%2 2 3 2 18 2 1 1 31
12. LOWER: 71-75% OF MEDIAN
a. Studio 1 1,172 1 1,172
b. 1 BR, 1 BA 4 1,282 1 1,295 4 1,190 9 1,243
c. 2 BR, 1 BA 2 1,426 1 1,400 2 1,385 5 1,404
d. 2 BR, 2 BA 4 1,440 4 1,440
e. Totals 71-75%4 2 2 0 9 2 0 0 19
13. LOWER: 76-80% OF MEDIAN
a. Studio 1 1,213 1 1,213
b. 1 BR, 1 BA 1 1,325 1 1,148 2 1,237
c. 2 BR, 1 BA 1 1,434 1 1,434
d. 2 BR, 2 BA 1 1,434 1 1,434
e. Totals 76-80%1 1 0 0 3 0 0 0 5
Total lower =32 12 9 7 126 12 5 5 208
·Percent of total 23.19%19.35%20.00%29.17%34.33%33.33%27.78%38.46%29.59%
14. MODERATE: 81-120% OF MEDIAN
a. Studio 6 1,083 6 1,083
b. 1 BR, 1 BA 26 1,264 7 1,263 2 1,351 17 1,188 52 1,242
c. 2 BR, 1 BA 1 1,751 3 1,592 6 1,571 14 1,578 1 1,751 2 1,751 2 1,424 29 1,591
d. 2 BR, 2 BA 1 1,751 4 1,554 20 1,557 25 1,564
Total moderate =27 17 8 4 51 1 2 2 112
Percent of total 19.57%27.42%17.78%16.67%13.90%2.78%11.11%15.38%15.93%
15. Total units occupied:138 62 45 24 367 36 18 13 703
16. Occupancy rate =98%97%94%100%96%100%90%81%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 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 97%
3/01/2024 Page 2 of 2 Rpt #1 Multi-Family 3.24
190
Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
REPORTING MONTH:
REPORT DATE:REPORTED BY:CYNDI KARP
"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. EXTREMELY LOW: 20% OF MEDIAN
a. Studio 4 188 4 188
b. 1 BR, 1 BA 2 214 1 206 5 260 4 213 12 232
c. 2 BR, 1 BA 1 354 5 214 6 237
d. 2 BR, 2 BA 0 -
e. Totals 20%2 1 5 5 9 0 0 22
2. EXTREMELY LOW: 21-25% OF MEDIAN
a. Studio 14 256 14 256
b. 1 BR, 1 BA 4 272 10 364 2 285 5 339 15 290 1 288 1 295 38 314
c. 2 BR, 1 BA 1 307 6 305 7 305
d. 2 BR, 2 BA 0 -
e. Totals 21-25%5 10 16 5 21 1 1 59
3. EXTREMELY LOW: 26-30% OF MEDIAN
a. Studio 6 328 6 328
b. 1 BR, 1 BA 2 365 6 445 2 365 3 419 10 364 2 361 2 364 27 388
c. 2 BR, 1 BA 1 408 1 496 6 393 8 407
d. 2 BR, 2 BA 0 -
e. Totals 26-30%3 7 8 3 16 2 2 41
Total extremely low =10 18 29 13 46 3 3 122
Percent of total 38.46%25.35%43.28%48.15%30.67%21.43%23.08%33.15%
4. VERY LOW: 31-35% OF MEDIAN
a. Studio 5 390 5 390
b. 1 BR, 1 BA 3 442 6 517 6 442 5 501 14 439 4 443 3 443 41 459
c. 2 BR, 1 BA 2 597 6 479 8 508
d. 2 BR, 2 BA 0 -
e. Totals 31-35%3 8 11 5 20 4 3 54
5. VERY LOW: 36-40% OF MEDIAN
a. Studio 3 459 3 459
b. 1 BR, 1 BA 4 518 8 591 2 571 15 523 1 524 2 521 32 542
c. 2 BR, 1 BA 1 573 6 563 7 565
d. 2 BR, 2 BA 0 -
e. Totals 36-40%5 8 3 2 21 1 2 42
6. VERY LOW: 41-45% OF MEDIAN
a. Studio 4 528 4 528
b. 1 BR, 1 BA 1 586 6 691 4 600 2 664 12 596 2 596 27 622
c. 2 BR, 1 BA 1 797 9 650 10 664
d. 2 BR, 2 BA 0 -
e. Totals 41-45%1 7 8 2 21 2 0 41
7. VERY LOW: 46-50% OF MEDIAN
a. Studio 2 585 2 585
b. 1 BR, 1 BA 4 664 7 758 2 666 1 732 6 669 2 669 3 667 25 695
c. 2 BR, 1 BA 2 850 2 732 4 791
d. 2 BR, 2 BA 0 -
e. Totals 46-50%4 9 4 1 8 2 3 31
Total very low =13 32 26 10 70 9 8 168
·Percent of total 50.00%45.07%38.81%37.04%46.67%64.29%61.54%45.65%
8. LOWER: 51-55% OF MEDIAN
a. Studio 4 650 4 650
b. 1 BR, 1 BA 1 757 4 801 2 745 5 755 2 747 14 766
c. 2 BR, 1 BA 6 823 6 823
d. 2 BR, 2 BA 0 -
e. Totals 51-55%1 4 6 0 11 2 0 24
9. LOWER: 56-60% OF MEDIAN
a. Studio 1 735 1 735
b. 1 BR, 1 BA 5 917 3 815 2 847 5 833 2 842 17 857
c. 2 BR, 1 BA 1 1,063 1 1,063
d. 2 BR, 2 BA 0 -
e. Totals 56-60%0 6 4 2 5 0 2 19
Mar-24
4/25/2024
PUEBLOS TOTALS SAGE CREST
SR.CANDLEWOOD LAS SERENASCARLOS
ORTEGA
LA ROCCA
VILLASCATALINA
3/01/2024 Page 1 of 2 Rpt #1 Senior 3.24
191
Housing Commission Meeting
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT MARCH 2024 REPORT
"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 0 -
b. 1 BR, 1 BA 1 891 3 947 7 984 11 966
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 61-65%1 3 0 0 7 0 0 11
11. LOWER: 66-70% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 5 1,250 1 1,133 2 1,176 8 1,217
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 66-70%0 5 1 0 2 0 0 8
12. LOWER: 71-75% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 2 1,202 2 1,202
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 71-75%0 2 0 0 0 0 0 2
13. LOWER: 76-80% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 1 1,292 1 1,292
c. 2 BR, 1 BA 1 1,419 1 1,419
d. 2 BR, 2 BA 0 -
e. Totals 76-80%0 0 0 0 2 0 0 2
Total lower =2 20 11 2 27 2 2 66
Percent of total 7.69%28.17%16.42%7.41%18.00%14.29%15.38%17.93%
14. MODERATE: 81-120% OF MEDIAN
a. Studio 1 1,281 1 1,281
b. 1 BR, 1 BA 2 1,376 4 1,174 6 1,241
c. 2 BR, 1 BA 1 1,751 3 1,654 4 1,678
d. 2 BR, 2 BA 1 1,751 1 1,751
Total moderate =1 1 1 2 7 0 0 12
Percent of total 3.85%1.41%1.49%7.41%4.67%0.00%0.00%3.26%
15. Total units occupied:26 71 67 27 150 14 13 368
16. Occupancy rate =87%97%93%100% 100%93%93%97%
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 97%
3/01/2024 Page 2 of 2 Rpt #1 Senior 3.24
192
Housing Commission Meeting
MARCH 2024 REPORT
REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT:
REPORTING MONTH:Mar-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP
REPORT DATE:4/25/2024
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 79 33 28 13 190 23 11 6 383
Total rental income 36,555 12,887 13,704 5,693 86,995 11,720 6,445 3,431 177,430
Per occupied unit 463 391 489 438 458 510 586 572 463
LOWER: 51% --> 80%
Occupied units 32 12 9 7 126 12 5 5 208
Total rental income 30,915 10,986 9,976 7,434 130,043 12,688 5,020 4,857 211,919
Per occupied unit 966 916 1,108 1,062 1,032 1,057 1,004 971 1,019
MODERATE: 81% --> 120%
Occupied units 27 17 8 4 51 1 2 2 112
Total rental income 34,612 21,869 12,125 6,216 73,416 1,751 3,502 2,848 156,339
Per occupied unit 1,282 1,286 1,516 1,554 1,440 1,751 1,751 1,424 1,396
Summary Income:
Rental 102,082 45,742 35,805 19,343 290,454 26,159 14,967 11,136 545,688
Other Income:
Laundry 403 - - - 3,087 - - - 3,490
Other 378 150 570 50 1,920 335 105 100 3,608
Total Operating Income 102,863 45,892 36,375 19,393 295,461 26,494 15,072 11,236 552,786
Occupied Units 138 62 45 24 367 36 18 13 703
Income per occupied unit 745 740 808 808 805 736 837 864 786
EXPENSES
Operating Expenses:
Payroll 21,219 8,589 5,549 2,624 60,859 3,590 955 2,536 105,921
Per occupied unit 154 139 123 109 166 100 53 195 151
Administrative 8,989 4,490 3,310 2,219 41,676 4,318 1,114 1,367 67,483
Per occupied unit 65 72 74 92 114 120 62 105 96
Advertising/Promotion - - - - 91 - - - 91
Per occupied unit - - - - 0 - - - 0
Contract Services 31,966 4,435 5,336 3,760 16,861 4,447 4,144 3,847 74,796
Per occupied unit 232 72 119 157 46 124 230 296 106
Utility Services 10,140 7,950 5,041 2,051 53,097 2,840 1,408 903 83,430
Per occupied unit 73 128 112 85 145 79 78 69 119
Maintenance 14,589 887 3,252 4,299 90,246 1,803 1,425 7,300 123,801
Per occupied unit 106 14 72 179 246 50 79 562 176
Replacement expense 3,077 - 1,975 650 46,249 - - 10,368 62,319
Per occupied unit 22 - 44 27 126 - - 798 89
Capital expense - - - - - - - - -
Per occupied unit - - - - - - - - -
Total Operating Expenses 89,980 26,351 24,463 15,603 309,079 16,998 9,046 26,321 517,841
Per occupied unit 652 425 544 650 842 472 503 2,025 737
Summary Revenue and Expenses
Total Operating Income 102,863 45,892 36,375 19,393 295,461 26,494 15,072 11,236 552,786
Total Operating Expenses 89,980 26,351 24,463 15,603 309,079 16,998 9,046 26,321 517,841
Monthly Net Operating Income 12,883 19,541 11,912 3,790 (13,618) 9,496 6,026 (15,085) 34,945
Per occupied unit 93 315 265 158 (37) 264 335 (1,160) 50
FYTD Net Operating Income* 248,682 76,342 48,830 14,657 771,102 83,780 36,191 (3,950) 1,275,634
Previous Fiscal Year NOI (6/30/2023)*381,408 110,067 (6,481) 39,668 1,202,230 76,372 (1,254) 23,691 1,825,701
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).
3/01/2024 Page 1 of 1 Rpt #2 Multi-Family 3.24193
Housing Commission Meeting
MARCH 2024 REPORT
REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT:
REPORTING MONTH:Mar-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP
REPORT DATE:4/25/2024
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 23 50 55 23 116 12 11 290
Total rental income 10,171 28,182 20,799 9,963 52,805 5,834 5,396 133,150
Per occupied unit 442 564 378 433 455 486 491 459
LOWER: 51% --> 80%
Occupied units 2 20 11 2 27 2 2 66
Total rental income 1,648 20,347 8,401 1,694 24,827 1,494 1,684 60,095
Per occupied unit 824 1,017 764 847 920 747 842 911
MODERATE: 81% --> 120%
Occupied units 1 1 1 2 7 - - 12
Total rental income 1,751 1,751 1,281 2,751 9,658 17,192
Per occupied unit 1,751 1,751 1,281 1,376 1,380 1,433
Summary Income:
Rental 13,570 50,280 30,481 14,408 87,290 7,328 7,080 210,437
Other Income:
Laundry - - 150 - 590 15 - 755
Other - 60 160 - 180 - - 400
Total operating income 14,191 50,414 28,520 12,638 89,740 7,773 7,536 211,592
Occupied Units 26 71 67 27 150 14 13 368
Income per occupied unit 546 710 426 468 598 555 580 575
EXPENSES
Operating Expenses:
Payroll 4,813 15,854 11,308 5,860 13,955 2,644 2,128 56,562
Per occupied unit 185 223 169 217 93 189 164 154
Administrative 2,456 4,894 4,022 1,667 9,265 806 752 23,862
Per occupied unit 94 69 60 62 62 58 58 65
Advertising/promotion - - - - - - - -
Per occupied unit - - - - - - - -
Contract services 4,973 5,532 6,464 4,116 7,471 3,111 3,014 34,681
Per occupied unit 191 78 96 152 50 222 232 94
Utility services 2,220 4,451 945 1,607 11,006 287 414 20,930
Per occupied unit 85 63 14 60 73 21 32 57
Maintenance 4,071 10,293 1,893 1,219 10,598 1,420 2,288 31,782
Per occupied unit 157 145 28 45 71 101 176 86
Replacement expense 779 - 18,034 - 34,076 - 6,315 59,204
Per occupied unit 30 - 269 - 227 - 486 161
Capital expense - - - - - - - -
Per occupied unit - - - - - - - -
Total Operating Expenses 19,312 41,024 42,666 14,469 86,371 8,268 14,911 227,021
Per occupied unit 743 578 637 536 576 591 1,147 617
Summary Revenue and Expenses
Total Operating Income 14,191 50,414 28,520 12,638 89,740 7,773 7,536 210,812
Total Operating Expenses 19,312 41,024 42,666 14,469 86,371 8,268 14,911 227,021
Monthly Net Operating Income (5,121) 9,390 (14,146) (1,831) 3,369 (495) (7,375) (16,209)
Per occupied unit (197) 132 (211) (68) 22 (35) (567) (44)
FYTD Net Operating Income* (30,262) 93,722 (82,315) (48,456) 245,943 (6,045) 1,984 174,571
Previous Fiscal Year NOI (6/30/2023)* (34,743) 100,758 (74,162) (31,472) 316,792 (20,170) (1,619) 255,384
* 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)
3/01/2024 Page 1 of 1 Rpt #2 Senior 3.24194
Housing Commission Meeting
Palm Desert Housing Authority
Project Report
March 2024
1
California Villas - 141 Units
77-107 California Drive
• Completed two (2) make ready units which include painting, cleaning and maintenance
• Installed new water heater for units #F-1, #G-7 and #G-12
• Repaired patio concrete overlay for unit #C-6
• Repaired and refinished kitchen counter, vanity, tub and enclosure in unit # C -9
• Checked all fire extinguishers
• Cleaned and detailed pool, exterior light fixtures, dumpsters and enclosures
• Cleaned debris and leaves around sidewalks, parking lots and carports
02/29/24
# 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)
13 0 / 1 1 / 1 1 1
Candlewood - 30 Units
74-000 Shadow Mountain Drive
• Unit inspection including changing air filter for all units
• Annual inspection and maintenance of all fire extinguishers
• Cleaned debris and leaves around parking lots and carports
• Cleaned and detailed top railings, elevator, pools, laundry room, dumpsters and enclosures
02/29/24
# 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
Carlos Ortega Villas – 73 Units
77-915 Avenue of the States
• Biohazard remediation in unit #1306, previous resident passed away in the unit
• Annual inspection and maintenance of fire alarm and fire extinguishers throughout the property
• Removed leaning Yucca plant in front of unit #304
• Detailed clubhouse, office, pool and laundry rooms
• Cleaned debris and leaves around sidewalks, parking lots and carports
02/29/24
# 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)
16 0 / 0 1 / 0 0 0
195
Housing Commission Meeting
Palm Desert Housing Authority
Project Report
March 2024
2
Catalina Gardens - 72 Units
73-600 Catalina Way
• Completed two (2) make ready units which include painting, cleaning and maintenance
• A/C repair in unit #E-1, replaced bad air handler transformer and contactor
• Installed new water heater in unit #Q-2
• Checked all fire extinguishers
• Detailed office, clubhouse, pool, restrooms, mailboxes and laundry room
• Cleaned debris and leaves around walkways, carports, dumpster and enclosures
02/29/24
# 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)
20 0 / 0 0 / 0 0 0
Desert Pointe - 64 Units
43-805 Monterey Avenue
• Completed one (1) make ready unit which includes painting, cleaning and maintenance
• Irrigation repair by the parking area
• Cleaned and detailed workshop, mailbox area, laundry rooms, pool area and furniture
• Cleaned gutter drainage throughout the property
• Cleaned debris and leaves around walkways, dumpster area, parking lots and carports
02/29/24
# 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
• Completed one (1) make ready units which includes painting, cleaning and maintenance
• Moisture testing in the storage room of unit #36, result came negative
• Cleaned and checked all light fixtures throughout the property
• Cleaned and detailed laundry, pool area, dumpsters and enclosures
02/29/24
# 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)
19 0 / 0 1 / 1 0 0
196
Housing Commission Meeting
Palm Desert Housing Authority
Project Report
March 2024
3
La Rocca Villas - 27 Units
72-135 Golden Eagle Lane
• Completed two (2) make ready units which include painting, cleaning and maintenance
• 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
02/29/24
# 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 0 0
Las Serenas - 150 Units
73-315 Country Club Drive
• Completed three (3) make ready units which include painting, cleaning and maintenance
• Installed new water heater for unit #232
• Repaired and refinished kitchen counter top for unit #122
• Replaced broken window in the living room of unit #117
• Renovation in unit #241 completed
• 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
02/29/24
# 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)
63 0 / 0 1 / 3 1 4
Neighbors - 24 Units
73-535 Santa Rosa Way
• Installed new thermostat for A/C in unit #12
• Installed new range in unit #9
• Patio inspection for all units
• Removed dead tree by unit #19
• Detailed laundry machines and utility room
• Cleaned and detailed pool deck, pool furniture, stairs, exterior light fixtures, dumpsters and
enclosures
• De-webbed, cleaned debris and leaves throughout the property
02/29/24
# 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)
2 0 / 0 0 / 0 0 0
197
Housing Commission Meeting
Palm Desert Housing Authority
Project Report
March 2024
4
One Quail Place - 384 Units
72-600 Fred Waring Dr.
• Completed seven (7) make ready units which include painting, cleaning, and maintenance
• Repaired and refinished tub and enclosure in the bathroom of unit #604
• Repaired and refinished kitchen top, vanity, tub and enclosure in units #1803, #3702 and #3906
• Replaced damaged carpet in occupied unit #2302
• Replaced water damaged drywall in unit #4201 due to leak from upstairs bathroom in unit #4202
• Replaced drywall in unit #1505 water damaged from the slab leak. Also replaced damaged drywall
in units #1503 and #1507 due to slab leak in unit #1505
• Replaced capacitor for A/C in units #302 and #402
• A/C repair in unit #4104, replaced leaking coil
• Annual maintenance service for A/C in units #201 – #2106 completed
• Grinded sidewalk concrete near Building 29, 32 and leasing office due to trip hazard
• Repaired leaking main line near Building #32
• Painted pool decks
• Irrigation repair near pool #4, unit #1601, #2111, #3905
• Detailed laundry rooms
• De-webbed, cleaned debris and leaves throughout the property
• Cleaned and detailed boiler area, pools, sidewalks, parking areas, dumpsters and enclosures
02/29/24
# 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)
87 0 / 0 1 / 1 2 2
Palm Village - 36 Units
73-650 Santa Rosa Way
• Completed one (1) make ready unit which includes painting, cleaning, and maintenance
• Repaired kitchen cabinet drawer in unit #318
• Detailed laundry
• Cleaned and checked all light fixtures throughout the property
• Cleaned and detailed stairs, dumpster areas and enclosures
02/29/24
# 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)
13 0 / 0 0 / 0 1 0
198
Housing Commission Meeting
Palm Desert Housing Authority
Project Report
March 2024
5
Pueblos - 15 Units
73-695 Santa Rosa Way
• Unit inspection including changing A/C filter for all units
• Repaired and refinished kitchen counter top, tub and enclosure in unit #114
• Replaced broken tiles on the roof above laundry room
• New pool umbrella
• Checked all fire extinguishers throughout the property
• Cleaned and detailed pool, pool furniture, laundry room, dumpster area and enclosures
• De-webbed and cleaned debris and leaves throughout property
02/29/24
# 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
Sage Crest Senior - 14 Units
73-811 Santa Rosa Way
• Unit inspection including changing A/C filter for all units
• Checked all fire extinguishers
• Repaired fallen wood fence near the parking lot
• Power washed dumpster area and enclosures
• De-webbed and cleaned debris and leaves throughout the property
02/29/24
# 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
Santa Rosa – 20 Units
73-625 Santa Rosa Way
• Repaired and refinished tub and enclosure in the bathroom of units #15
• A/C repair in unit #2, replaced defective circuit board and flame sensor
• Detailed laundry room
• Cleaned stairs and light fixtures throughout property
• De-webbed, cleaned debris and leaves around parking lots, dumpster area and enclosures
02/29/24
# 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
199
Housing Commission Meeting
Palm Desert Housing Authority
Project Report
March 2024
6
Taos Palms - 16 Units
44-830 Las Palmas
• Completed two (2) make ready units which include painting, cleaning, and maintenance
• Cleaned air duct and replaced A/C in unit #12. Moisture testing conducted afterwards and test result
came negative
• Painted pool deck
• Cleaned and checked all light fixtures throughout the property
• Cleaned and detailed walkways, pool, dumpster areas and enclosures
• De-webbed, cleaned debris and leaves throughout the property
02/29/24
# 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)
2 0 / 0 0 / 0 1 0
02/29/24
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)
278 0 / 1 5 / 6 6 7
200
Housing Commission Meeting
Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 12, 2024
PREPARED BY: Damian Olivares, Senior Administrative Assistant
REQUEST: HOME IMPROVEMENT PROGRAM MONTHLY ACTIVITY REPORT FOR
APRIL 2024
RECOMMENDATION:
Receive and file Palm Desert Housing Authority Home Improvement Program activity report for
the month of April 2024.
ATTACHMENTS:
1. Home Improvement Program Activity Report for April 2024
201
Housing Commission Meeting
202
Housing Commission Meeting
Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: June 12, 2024
PREPARED BY: Damian Olivares, Senior Administrative Assistant
REQUEST: HOME IMPROVEMENT PROGRAM MONTHLY ACTIVITY REPORT FOR
APRIL 2024
RECOMMENDATION:
Receive and file Palm Desert Housing Authority Home Improvement Program activity report for
the month of April 2024.
ATTACHMENTS:
1. Home Improvement Program Activity Report for April 2024
203
Housing Commission Meeting
204
Housing Commission Meeting
HOUSING COMMISSION
Year 2024 2024 2024 2024 2024 2023 2023 2023 2023 2023 2023
Month May Apr Mar Feb Jan Dec Nov Oct Sept Aug Jul
Day 8 10 13 14 10 13 - 11 - -13
Bauer, Kathleen P P P - P P - P - - P 0 0
Buller, Jan P P P - P P - E - - P 0 1
Docken, Olivia P P A - P P - P 0 0
Moore, Dominic P P P - P P - P 0 0
Morrison, Melody P P P - P P - P - - P 0 0
Siddiq, Franchon-Marie P E P - P P - P - - P 0 0
P Present
P Remote
A Absent
E Excused
-No Meeting
Resigned/Not Yet Appointed
Palm Desert Municipal Code 2.34.010
Monthly: Three unexcused absences from regular meeting in any twelve-month period shall constitute an automatic resignation of members holding
office on boards that meet monthly.
Please contact the Recording Secretary to discuss any attendance concerns.
Total Absences
Unexcused Excused
205
Housing Commission Meeting