HomeMy WebLinkAbout2024-12-11 HC Regular Meeting Agenda Packet
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
REGULAR MEETING AGENDA
Wednesday, December 11, 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 5
RECOMMENDATION:
Approve the Minutes of November 13, 2024.
4.b HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR OCTOBER
2024
9
RECOMMENDATION:
Receive and file the Home Improvement Program Activity Report for
October 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 AWARD CONTRACT TO GARLAND/DBS, INC FOR THE SANTA ROSA
ROOF REPLACEMENT PROJECT CHA00004
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RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board to:
Award the construction contract for the Santa Rosa Apartments
Roof Replacement Project No. CHA00004 to Garland/DBS in an
amount not to exceed of $591,229.
1.
Authorize the Director of Finance to set aside a 10% contingency in
the amount of $59,122.90 for unforeseen conditions.
2.
Authorize the Executive Director or designee to review and approve
written requests for the use of the contingency amount
3.
Authorize the Chairman and/or the Executive Director to execute
the Agreement and written requests for change orders up to the
contingency amount, amendments, any documents necessary to
effectuate the actions taken herewith
4.
Authorize the Chairman and/or Executive Director to execute the
Notice of Completion (NOC) and the City Clerk to file the NOC upon
satisfactory completion of the Project.
5.
Housing Commission Meeting
December 11, 2024
2
6.b REJECT ALL PROPOSALS SUBMITTED FOR POOL, SPA, AND WATER
FEATURE MAINTENANCE AND REPAIR AT HOUSING AUTHORITY
PROPERTIES
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RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board to:
Reject all proposals submitted for Pool, Spa, and Water Feature
Maintenance and Repair at Housing Authority Properties.
1.
Authorize staff to resolicit and advertise for pool and water feature
maintenance and repair services at the Palm Desert Housing
Authority residential rental properties.
2.
7.INFORMATIONAL REPORTS & COMMENTS
7.a SUMMARY OF CITY COUNCIL AND HOUSING AUTHORITY ACTIONS
7.b FALKENBERG/GILLIAM & ASSOCIATES (FGA) MONTHLY REPORTS
FOR OCTOBER 2024
55
7.c HOUSING COMMISSIONERS
7.d CITY COUNCIL LIAISON
7.e CITY STAFF
7.f ATTENDANCE REPORT 77
8.ADJOURNMENT
The next Regular Meeting will be held on January 8,2025, at 3:30 p.m.
Housing Commission Meeting
December 11, 2024
3
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.
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/ Damian Olivares
Recording Secretary
Housing Commission Meeting
December 11, 2024
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Housing Commission Meeting Minutes
November 13, 2024
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
REGULAR MEETING MINUTES
November 13, 2024, 3:30 p.m.
Present: Commissioner Jann Buller, Commissioner Olivia Docken,
*Commissioner Dominic Moore, Commissioner Melody Morrison,
**Vice Chair Franchon-Marie Siddiq, Chair Kathleen Bauer
*Commissioner Moore arrived at 3:40 p.m.
**Vice Chair Siddiq arrived at 3:39 p.m.
Absent: Commissioner Andy Firestine
Staff Present: Housing Manager Jessica Gonzales,Senior Management Analyst
Celina Cabrera, Senior Administrative Assistant Daniel Mora,
Recording Secretary Damian Olivares
1. CALL TO ORDER
A Regular Meeting of the Housing Commission was called to order by Chair Bauer on
November 13, 2024, at 3:41 p.m. in the Administrative Conference Room, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
2. ROLL CALL
3. NONAGENDA PUBLIC COMMENTS
None.
4. CONSENT CALENDAR
Motion by: Vice Chair Siddiq
Seconded by: Commissioner Buller
To approve the consent calendar as presented.
Motion Carried
4.a APPROVAL OF MINUTES
Motion by: Vice Chair Siddiq
Seconded by: Commissioner Buller
Approve the Minutes of October 09, 2024.
Motion Carried
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Housing Commission Meeting Minutes
November 13, 2024
2
4.b HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR SEPTEMBER
2024
Motion by: Vice Chair Siddiq
Seconded by: Commissioner Buller
Receive and file the Home Improvement Activity Report for September 2024.
Motion Carried
5. CONSENT ITEMS HELD OVER
None.
6. ACTION CALENDAR
6.a RECOMMEND AWARD OF CONSTRUCTION SERVICES CONTRACT WITH
MOHAWK COMMERCIAL INC., FOR FLOOR COVERINGS AT PALM DESERT
HOUSING AUTHORITY PROPERTIES FOR FY 2024/2025
Celina Cabrera, Senior Management Analyst presented staff report and
responded to commissioner inquiries.
Motion by: Chair Bauer
Seconded by: Vice Chair Siddiq
Recommend the Palm Desert Housing Authority Board:
1. Authorize the use of Mohawk Commercial, Inc., an Omnia Partners
(“Omnia”) national government cooperative contract holder for systemwide
flooring solutions, contract number 2020002149, at the Palm Desert
Housing Authority (“Authority”) pursuant to Section 3.30.160(E) of the
Palm Desert Municipal Code.
2. Award a Short-Form Construction Contract with Mohawk Commercial, Inc.
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 and to take any necessary actions to facilitate execution of
contract with Mohawk Commercial, Inc., and any documents necessary to
effectuate the actions herewith.
7. INFORMATIONAL REPORTS & COMMENTS
7.a SUMMARY OF CITY COUNCIL AND HOUSING AUTHORITY ACTIONS
None.
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Housing Commission Meeting Minutes
November 13, 2024
3
7.b FALKENBERG/GILLIAM & ASSOCIATES (FGA) MONTHLY REPORTS FOR
AUGUST AND SEPTEMBER
Representative of Falkenberg/Gilliam & Associates, Cyndi Karp, provided the
reports for August and September and responded to commissioner inquiries.
Falkenburg/ Gilliam & Associates representative, Bart Young, expressed his
gratitude and appreciation.
7.c HOUSING COMMISSIONERS
None.
7.d CITY COUNCIL LIAISON
Council member Kelly expressed her gratitude and appreciation of the Housing
Commission's continued support of the community.
7.e CITY STAFF
None.
7.f ATTENDANCE REPORT
Report provided; no action taken on this item.
8. ADJOURNMENT
The Housing Commission adjourned at 4:22 p.m.
9. PUBLIC NOTICES
_________________________
Damian Olivares
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: December 11, 2024
PREPARED BY: Daniel Mora, Senior Administrative Assistant
SUBJECT: HOME IMPROVEMENT PROGRAM ACTIVITY REPORT FOR OCTOBER
2024
RECOMMENDATION:
Receive and file the Home Improvement Program Activity Report for October 2024.
FINANCIAL IMPACT:
There is no financial impact with this request.
ATTACHMENTS:
1. Home Improvement Program Activity Report for October 2024.
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10
Home Improvement Program Activity Report
Month of: October 2024
Inquiries (call, email, walkin) 1
Applications Provided 0
Applications Received 0
Eligible 0
Ineligible (does not meet program criteria) 0
Referral to Energy Savings Assistance
Program
0
Referral to Brush with Kindness 0
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Page 1 of 2
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: December 11, 2024
PREPARED BY: Lucero Leyva, Senior Project Manager
SUBJECT: AWARD CONTRACT TO GARLAND/DBS, INC FOR THE SANTA ROSA
ROOF REPLACEMENT PROJECT CHA00004
RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board to:
1. Award the construction contract for the Santa Rosa Apartments Roof Replacement Project
No. CHA00004 to Garland/DBS in an amount not to exceed of $591,229.
2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $59,122.90
for unforeseen conditions.
3. Authorize the Executive Director or designee to review and approve written reque sts for the
use of the contingency amount
4. Authorize the Chairman and/or the Executive Director to execute the Agreement and written
requests for change orders up to the contingency amount, amendments, any documents
necessary to effectuate the actions taken herewith
5. Authorize the Chairman and/or Executive Director to execute the Notice of Completion (NOC)
and the City Clerk to file the NOC upon satisfactory completion of the Project.
BACKGROUND/ANALYSIS:
The Authority Board authorized the use of Garland/D BS, Inc. (“Garland”) for roof management
assessment, repairs, and related services. Garland completed a roof assessment of Santa Rosa
Apartments and found that the substrate and roof material needed to be replaced. Garland is
recommending the complete removal and replacement of the building’s roof, roof substrate, and
wood fascia of all buildings at the Santa Rosa Apartments.
The existing roof is original from when the community was built in 1995 and staff agrees with the
current conditions assessment and proposed recommendation from Garland. The proposed roof
replacement includes a five (5) year installation warranty with the contractor and a ten (30) year
manufacture warranty with Garland.
The Authority would like to enter into an agreement with Garland through the Omnia Contract
No. PW1925 (A copy is on file with the City of Palm Desert’s City Clerk) to complete the proposed
Project. Omnia is a cooperative purchasing organization, established through a collaborative
effort to assist public agencies and non-profits across the United States with the specific purpose
of reducing procurement costs by leveraging group volume. Omnia accomplishes this by
soliciting proposals and awarding contracts that are held by a principal procurement agency for
commonly purchased products and services at prices that have been assessed to be fair,
reasonable, and competitive. The provisions of the City of Palm Desert Municipal Code Section
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Housing Commission
City of Palm Desert
(AWARD CONTRACT TO SANTA ROSA ROOF REPLACEMENT PROJECT CHA00004)
Page 2 of 2
3.30.160(E) allow the Authority to participate as a government entity with Omnia under their
cooperative pricing for purchases through the named vendor.
Under the Omnia established pricing, the maximum price an agency will be charged under the
agreement would be approximately $591,229. However, Garland procured bids from three
contractors in the Riverside County area to provide an even lower market adjusted price for the
Project. R&R Roofing & Waterproofing Inc, of Lake Elsinore, provided the lowest bid to Garland
in the amount of $591,299 plus $1,456.92 per square foot to provide additional insulation and
decking replacement as needed (total roof square footage is approximately 3,095 square feet).
Staff recommends approval of this request to facilitate the continued routine and recurring
maintenance at Santa Rosa Apartments for the fiscal year 2024/2025.
FINANCIAL IMPACT:
Funds have been included in the Housing Authority FY 2024/25 proposed budget in the
Appropriate Authority account. There is no financial impact to the General Fund from this action.
ATTACHMENTS:
1. PDHA SR Omnia Proposal 24
2. Santa Rosa CHA00004 Construction Contract
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15
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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 12th day of December,
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 Garland/DBS, a CORPORATION,
with its principal place of business at 3800 East 91st Street, Cleveland Ohio 44105 ("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 Removal and replacement of the building’s roof, roof substrate and wood fascia
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. The following license classifications are required for this
Project: Santa Rosa Apartments Roof Replacement Project CHA00004
2.3 Project.
The Authority is a public agency of the State of California and is in need of services for
the following project:
Santa Rosa Apartments Roof Replacement
Project No. CHA00004
(hereinafter referred to as “the Project”).
2.4 Project Documents & Certifications. Contractor has obtained, and delivers
concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS
AND OTHER CERTIFICATION 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:
Scope of Services and Schedule (Exhibit “A”)
Plans and Specifications (Exhibit “B”)
Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “C”)
Public Works Contractor Registration Certification (Exhibit “D”)
Payment and Performance Bonds (Exhibit “E”)
2024 Edition of the Standard Specifications for Public Works Construction
(The Greenbook), Excluding Sections 1-9
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
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Contract No. ___________
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Revised 07-2023
BBK 72500.00001\32375220.1
specifications, plans/construction drawings, general contract terms, scope of work, standard
plans, advertisements for bid/proposals, bids/proposals or other documents submitted by
Contractor.
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at
its own cost and expense, to furnish to the Authority all labor, materials, tools, equipment,
services, and incidental and customary work necessary to fully and adequately complete the
Project, including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant
to this Contract. All Work shall be subject to, and performed in accordance with the above
referenced documents, as well as the exhibits attached hereto and incorporated herein by
reference. The plans and specifications for the Work are further described in Exhibit “B” attached
hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work
are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method
of performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change, addition
or deletion is approved in advance and in writing by a valid change order executed by the Authority
(“Change Order”).
3.2.1.1 Change Orders. Changes to the Contract Time (as defined in
Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed
by both parties or issued unilaterally by the Authority. No adjustment shall be made to the Contract
Time unless the delay impacts the critical path to completion and the delay was not caused in
whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a
waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change
Orders shall be accompanied by detailed supporting documentation, including but not limited to
payroll records, invoices, schedules, and any other documentation requested by the Authority for
the purpose of determining the additional costs or the impact of any delay. If the change involves
Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there
is no unit price, then the Total Contract Price shall be adjusted to account for costs 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.
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Contract No. ___________
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Revised 07-2023
BBK 72500.00001\32375220.1
3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code section
3400(b), the Authority may make a finding that designates certain products, things, or services by
specific brand or trade name. Unless specifically designated in this Contract, whenever any
material, process, or article is indicated or specified by grade, patent, or proprietary name or by
name of manufacturer, such Specifications shall be deemed to be used for the purpose of
facilitating the description of the material, process or article desired and shall be deemed to be
followed by the words “or equal”.
Contractor may, unless otherwise stated, offer for substitution any material, process or
article which shall be substantially equal or better in every respect to that so indicated or specified
in this Contract. However, the Authority may have adopted certain uniform standards for certain
materials, processes, and articles. Contractor shall submit requests, together with substantiating
data, for substitution of any “or equal” material, process, or article no later than thirty-five (35)
days after award of the Contract. To facilitate the construction schedule and sequencing, some
requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions
regarding submission of “or equal” requests shall not in any way authorize an extension of time
for performance of this Contract. If a proposed “or equal” substitution request is rejected,
Contractor shall be responsible for providing the specified material, process, or article. The burden
of proof as to the equality of any material, process or article shall rest with Contractor.
The Authority has the complete and sole discretion to determine if a material, process, or
article is an “or equal” material, process or article that may be substituted. Data required to
substantiate requests for substitutions of an “or equal” material, process or article data shall
include a signed affidavit from Contractor stating that, and describing how, the substituted “or
equal” material, process or article is equivalent to that specified in every way except as listed on
the affidavit. Substantiating data shall include any and all illustrations, specifications, and other
relevant data including catalog information which describes the requested substituted “or equ al”
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 120 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) 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.
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Contract No. ___________
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BBK 72500.00001\32375220.1
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all
Work under this Contract in a skillful and workmanlike manner, and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Work. Contractor warrants that all employees and subcontractors shall
have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor
represents that it, its employees, and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Work, including a 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 of Five Hundred
Ninety-one Thousand Two hundred Twenty-nine Dollars ($591,229.00) (“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,
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Contract No. ___________
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BBK 72500.00001\32375220.1
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.
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 thereaf ter 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.
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3.7.8 Title to Work. As security for partial, progress, or other payments, title to
Work for which such payments are made shall pass to the Authority at the time of payment. To
the extent that title has not previously been vested in the Authority by reason of payments, full
title shall pass to the Authority at delivery of the Work at the destination and time specified in this
Contract. Such transferred title shall in each case be good, free, and clear from any and all
security interests, liens, or other encumbrances. Contractor promises and agrees that it will not
pledge, hypothecate, or otherwise encumber the items in any manner that would result in any
lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not
imply acceptance by the Authority, nor relieve Contractor from the responsibility to strictly comply
with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to
items.
3.7.9 Labor and Material Releases. Contractor shall furnish 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
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time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by him or her in connection with
the public work. The payroll records shall be certified and shall be available for inspection at all
reasonable hours at the principal office of Contractor in the manner provided in Labor Code
section 1776. In the event of noncompliance with the requirements of this section, Contractor shall
have 10 days in which to comply subsequent to receipt of written notice specifying in what
respects such Contractor must comply with this section. Should noncompliance still be evident
after such 10-day period, Contractor shall, as a penalty to 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
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all local, state and federal laws, rules and regulations that may impact, or be implicated by the
performance of the Work including, without limitation, all applicable provisions of the Federal
Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality
Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm
water; and any and all regulations, policies, or permits issued pursuant to any such authority
regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality
Control Act, to any ground or surface water in the State.
3.9.1.2 Compliance with the Statewide Construction General Permit.
Contractor shall comply with all conditions of the most recent iteration of the National Pollutant
Discharge Elimination System General Permit for Storm Water Discharges Associated with
Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It
shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the
Permit for all construction activity which results in the disturbance of more than one acre of total
land area, or which is part of a larger common area of development or sale. Prior to initiating work,
Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution
Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for
procuring, implementing, and complying with the provisions of the Permit and the SWPPP,
including the standard provisions, and monitoring and reporting requirements as required by the
Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to
meet the conditions and requirements of the job site as it progresses through difference phases
of construction and is subject to different weather conditions. It shall be Contractor’s sole
responsibility to update the SWPPP as necessary to address conditions at the project site.
3.9.1.3 Other Water Quality Rules Regulations and Policies. Contractor
shall comply with the lawful requirements of any applicable municipality, drainage 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
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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
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.
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3.9.6 Hazardous Materials and Differing Conditions. As required by California
Public Contract Code section 7104, if this Contract involves digging trenches or other excavations
that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to
disturbance of any conditions, notify 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
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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.
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;
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(B) Payment by the Authority of money or damages arising
from Work done by or on behalf of the Contractor pur suant to the Contract, payment for which is
not otherwise expressly provided or to which the Contractor is not otherwise entitled; or
(C) An amount the payment of which is disputed by the
Authority.
A “Claim” does not include any demand for payment for which the Contractor has failed to
provide notice, request a Change Order, or otherwise failed to follow any procedures contained
in the Contract Documents.
3.11.1.3 Filing Claims. Claims governed by this Section may not be filed
unless and until the Contractor completes any and all requirements of the Contract Documents
pertaining to notices and requests for changes to the Contract Time or Contract Price, and
Contractor’s request for a change has been denied in whole or in part. Claims governed by this
Section must be filed no later than thirty (30) days after a request for change has been denied in
whole or in part or after any other event giving rise to the Claim. The Claim 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
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3.11.1.5 Authority’s Response. Upon receipt of a Claim pursuant to this
Section, the Authority shall conduct a reasonable review of the Claim and, within a period not to
exceed 45 days, shall provide the Contractor a written statement identifying what portion of the
Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of
the Claim will be processed and made within 60 days after the Authority issues its written
statement.
(A) If the Authority needs approval from its governing body
to provide the Contractor a written statement identifying the disputed portion and the undisputed
portion of the Claim, and the Authority’s governing body does not meet within the 45 days or within
the mutually agreed to extension of time following receipt of a Claim sent by registered mail or
certified mail, return receipt requested, the Authority shall have up to three (3) days following the
next duly publicly noticed meeting of the Authority’s governing body after the 45-day period, or
extension, expires to provide the Contractor a written statement identifying the disputed portion
and the undisputed portion.
(B) Within 30 days of receipt of a Claim, the Authority may
request in writing additional documentation supporting the Claim or relating to defenses or Claims
the Authority may have against the Contractor. If additional information is thereafter required, it
shall be requested and provided pursuant to this subdivision, upon mutual agreement of the
Authority and the Contractor. The Authority’s written response to the Claim, as further
documented, shall be submitted to the Contractor within 30 days (if the Claim is less than $50,000,
within 15 days) after receipt of the further documentation, or within a period of time no greater
than that taken by the Contractor in producing the additional information or requested
documentation, whichever is greater.
3.11.1.6 Meet and Confer. If the Contractor disputes the Authority’s
written response, or the Authority fails to respond within the time prescribed, the Contractor may
so notify the Authority, in writing, either within 15 days of receipt of the Authority’s response or
within 15 days of the Authority’s failure to respond within the time prescribed, respectively, and
demand in writing an informal conference to meet and confer for settlement of the issues in
dispute. Upon receipt of a demand, the Authority shall schedule a meet and confer conference
within 30 days for settlement of the dispute.
3.11.1.7 Mediation. Within 10 business days following the conclusion of
the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the
Authority shall provide the Contractor a written statement identifying the portion of the Claim that
remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion
of the Claim shall be processed and made within 60 days after the Authority issues its written
statement. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be
submitted to nonbinding mediation, with the Authority and the Contractor sharing the associated
costs equally. The public entity and Contractor shall mutually agree to a mediator within 10
business days after the disputed portion of the Claim has been identified in writing, unless the
parties agree to select a mediator at a later time.
(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
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negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes
in this Section.
(C) Unless otherwise agreed to by the Authority and the
Contractor in writing, the mediation conducted pursuant to this section shall excuse any further
obligation under Section 20104.4 to mediate after litigation has been commenced.
(D) The mediation shall be held no earlier than the date the
Contractor completes the Work or the date that the Contractor last performs Work, whichever is
earlier. All unresolved Claims shall be considered jointly in a single mediation unless a new
unrelated Claim arises after mediation is completed.
3.11.1.8 Procedures After Mediation. If following the mediation, the
Claim or any portion remains in dispute, the Contractor must file a Claim pursuant to Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of
Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those
provisions, the running of the period of time within which a Claim must be filed shall be tolled from
the time the Contractor submits his or her written Claim pursuant to subdivision (a) until the time
the Claim is denied, including any period of time utilized by the meet and confer conference.
3.11.1.9 Civil Actions. The following procedures are established for all
civil actions filed to resolve Claims of $375,000 or less:
(A) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless
waived by mutual stipulation of both parties or unless mediation was held prior to commencement
of the action in accordance with Public Contract Code section 9204 and the terms of this Contract.
The mediation process shall provide for the selection within 15 days by both parties of a
disinterested third person as mediator, shall be commenced within 30 days of the submittal, and
shall be concluded within 15 days from the commencement of the mediation unless a time
requirement is extended upon a good cause showing to the court.
(B) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of
Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The
Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of
Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision
consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when
possible, be experienced in construction law, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgment shall, in addition to payment of costs and fees
under that chapter, also pay the attorney’s fees on appeal of the other party.
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
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changed conditions, the Contractor must comply with the claim procedures set forth in
Government Code Section 900, et seq. prior to filing any lawsuit against the Authority.
(C) Such Government Code claims and any subsequent
lawsuit based upon the Government Code claims shall be limited to those matters that remain
unresolved after all procedures pertaining to adjustment of the Contract Time or Contract Price
for additional work, disputed Work, construction claims, and/or changed conditions have been
followed by Contractor. If Contractor does not comply with the Government Code claim procedure
or the prerequisite contractual requirements, Contractor may not file any action against the
Authority.
(D) A Government Code claim must be filed no earlier than
the date the Work is completed or the date the Contractor last performs Work on the Project,
whichever occurs first. A Government Code claim shall be inclusive of all unresolved Claims
known to Contractor or that should reasonably by known to Contractor excepting only new
unrelated Claims that arise after the Government Code claim is submitted.
3.11.1.11 Non-Waiver. The Authority’s failure to respond to a Claim from
the Contractor within the time periods described in this Section or to otherwise meet the time
requirements of this Section shall result in the Claim being deemed rejected in its entirety and
shall not constitute a waiver of any rights under this Section.
3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted by
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
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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
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 $2,000,000 per occurrence, $4,000,000 general
aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 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;
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(D) Policies shall “follow form” to the underlying primary
policies; and
(E) Insureds under primary policies shall also be insureds
under the umbrella or excess policies.
3.14.1.4 Workers’ Compensation Insurance. Contractor may maintain
Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with
limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State
of California, Section 3700 of the Labor Code. In addition, Contractor shall require each
subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability
Insurance in accordance with the laws of the State of California, Section 3700 for all of the
subcontractor’s employees. Contractor shall submit to 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 perso ns 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
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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.
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.
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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 coverag e for
each required coverage.
3.14.2.11 Additional Insured Status. General liability, automobile liability,
and if applicable, pollution liability policies shall provide or be endorsed to provide that the
Authority 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.
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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,
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,
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including the removal, replacement, and reinstitution of equipment and materials necessary to
gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of
subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether
express or implied, are deemed to be obtained by Contractor for the benefit of the Authority,
regardless of whether or not such warranties and guarantees have been transferred or assigned
to the Authority by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of the Authority. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract, to
the reasonable satisfaction of the Authority, the Authority shall have the right to correct and
replace any defective or non-conforming Work and any work damaged by such work or the
replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to
fully reimburse the Authority for any expenses incurred hereunder upon demand.
3.17 Employee/Labor Certifications.
3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor
certifies that he is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker’s Compensation or to undertake
self-insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Work. A certification form for this purpose,
which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be
executed simultaneously with this Contract.
3.17.2 Equal Opportunity Employment. Contractor represents that it is an
equal opportunity employer and that it shall not discriminate against any employee or applicant
for employment because of race, religion, color, national origin, ancestry, sex, age or other
interests protected by the State or Federal Constitutions. Such non-discrimination shall include,
but not be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, or termination.
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 Lucero
Leyva, Senior Project 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
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devote full time to the Project and either he or his designee, who shall be acceptable to the
Authority, shall be present at the Work site at all times that any Work is in progress and at any
time that any employee or subcontractor of Contractor is present at the Work site. Arrangements
for responsible supervision, acceptable to the Authority, shall be made for emergency Work which
may be required. Should Contractor desire to change its Contractor’s Representative, Contractor
shall provide the information specified above and obtain the Authority’s written approval.
3.18.3 Termination. This Contract may be terminated by the Authority at any
time, either with or without cause, by giving Contractor three (3) days advance written noti ce. 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: Garland/DBS, INC
3800 East 91st Street
Cleveland, OH 44105
ATTN: Division Controller
Authority: Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
ATTN: Lucero Leyva, Capital Projects Department
Any notice so given shall be considered received by the other Party three (3) days after deposit
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in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice
shall be deemed adequate notice on the date actual notice occurred, regardless of the method of
service.
3.18.7 Time of Essence. Time is of the essence in the performance of this
Contract.
3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by
action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by
Contractor herein without the prior written consent of the Authority. If Contractor attempts an
assignment or transfer of this Contract or any obligation, right, title or interest herein, 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.
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3.18.15.2 Contractors are required by law to be licensed and regulated by
the Contractors’ State License Board which has jurisdiction to investigate complaints against
contractors if a complaint regarding a patent act or omission is filed within four (4) years of the
date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural
defects must be filed within ten (10) years of the date of the alleged violation. Any questions
concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.18.16 Authority to Enter Contract. Each Party warrants that the individuals
who have signed this Contract have the legal power, right and authority to make this Contract and
bind each respective Party.
3.18.17 Entire Contract; Modification. This Contract contains the entire
agreement of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings, or agreements. This Contract may only be modified by a writing
signed by both Parties.
3.18.18 Non-Waiver. None of the provisions of this Contract shall be
considered waived by either party unless such waiver is specifically specified in writing.
3.18.19 Authority’s Right to Employ Other Contractors. The Authority reserves
right to employ other contractors in connection with this Project or other projects.
3.18.20 Federal Provisions. Reserved.
[Signatures on Next Page]
40
Contract No. ___________
25
Revised 07-2023
BBK 72500.00001\32375220.1
SIGNATURE PAGE TO SHORT FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE PALM DESERT HOUSING AUTHORITY
AND GARLAND/DBS, 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:
Israh Shah
Best Best & Krieger LLP
Special Council
GARLAND/DBS, Inc.
By:
Printed Name:
By:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Contract QC_____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
41
Contract No. ___________
Exhibit “A”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “A”
SCOPE OF SERVICES AND SCHEDULE
42
Contract No. ___________
Exhibit “B”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “B”
PLANS AND SPECIFICATIONS
43
Contract No. ______________
Exhibit “C”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “C”
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.
Garland/DBS, Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
44
Contract No. ______________
Exhibit “D”
Revised 07-2023
BBK 72500.00001\32375220.1
EXHIBIT “D”
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.”
45
Contract No. ___________
Exhibit “E”
Rev 10-19
72500.00001\32375220.1
EXHIBIT “E”
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 December 12, 2024 has awarded to
Garland/DBS, Inc. hereinafter designated as the “Principal,” a contract for the work described as
follows:
Santa Rosa Apartments Roof Replacement Project CHA00004 (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 December 12, 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 FIVE HUNDRED NINETY-ONE
THOUSAND TWO HUNDRED TWENTY-NINE DOLLARS, ($591,229.00) 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
46
Contract No. ___________
Exhibit “E”
Rev 10-19
72500.00001\32375220.1
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
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 claimant s 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.
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
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the
Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to
do so must be attached hereto.
47
Contract No. ___________
Exhibit “E”
Rev 10-19
72500.00001\32375220.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as
“Authority”) has awarded to Garland/DBS Inc., (hereinafter referred to as the “Contractor”) an
agreement for Santa Rosa Roof Replacement Project CHA00004 (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 December 12, 2024 (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein b y
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, Crossfire Corp., 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 FIVE HUNDRED NINETY-ONE THOUSAND TWO
HUNDRED TWENTY-NINE DOLLARS, ($591,229.00), 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:
48
Contract No. ___________
Exhibit “E”
Rev 10-19
72500.00001\32375220.1
(1) Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the Authority, and make available as work progresses
sufficient funds to pay the cost of completion of the Project, less the balance of the
contract price, including other costs and damages for which Surety may be liable.
The term “balance of the contract price” as used in this paragraph shall mean the
total amount payable to Contractor by the Authority under the Contract and any
modification thereto, less any amount previously paid by the Authority to the
Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Authority to complete the Project in any manner consistent with local,
California and federal law and make available as work progresses sufficient funds
to pay the cost of completion of the Project, less the balance of the contract price,
including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the Authority under the Contract and any
modification thereto, less any amount previously paid by the Authority to the
Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the Authority may reject any contractor or subcontractor
which may be proposed by Surety in fulfillment of its obligations in the event of default by the
Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the Authority, when declaring the Contractor in
default, notifies Surety of the Authority’s objection to Contractor’s further participation in the
completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
49
Contract No. ___________
Exhibit “E”
Rev 10-19
72500.00001\32375220.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
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.
50
Contract No. ______________
Revised 07-2023
BBK 72500.00001\32375220.1
51
52
Page 1 of 2
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: December 11, 2024
PREPARED BY: Celina Cabrera, Management Analyst
SUBJECT: REJECT ALL PROPOSALS SUBMITTED FOR POOL, SPA, AND WATER
FEATURE MAINTENANCE AND REPAIR AT HOUSING AUTHORITY
PROPERTIES
RECOMMENDATION:
Recommend to the Palm Desert Housing Authority Board to:
1. Reject all proposals submitted for Pool, Spa, and Water Feature Maintenance and Repair at
Housing Authority Properties.
2. Authorize staff to resolicit and advertise for pool and water feature maintenance and repair
services at the Palm Desert Housing Authority residential rental properties.
BACKGROUND/ANALYSIS:
The Palm Desert Housing Authority currently has a Pool, Spa, and Water Feature Maintenance
and Repair Agreement with Service First, Inc. for an annual cost of $138,573.11. The agreement
expires on December 31, 2024.
Staff released a request for proposal for Pool, Spa, and Water Feature Maintenance and Repair
on October 16, 2024, on the City of Palm Desert’s online bid management provider, OpenGov ,
as well as in the Desert Sun newspaper. Responses were due on November 19, 2024. One
proposal was received.
Proposer Proposed Annual Amount
Service First, Inc. $380,818.44
The proposal submitted is nearly three times the current annual contract amount making it
unfeasible for the affordable housing budget. Qualified proposers must be available for daily
maintenance service, respond within 2 hours in an emergency, Department of Industrial
Relations registered, a C-53 pool contractor, and pay prevailing wage on repairs.
The Housing Authority will republish the request for proposal. In the interim, local qualified
companies are being contacted to submit quotes for service to ensure no interruption with the
legally required maintenance and service on the commercial pools, spas, and water feature at
the Authority properties.
53
Housing Commission
City of Palm Desert
Page 2 of 2
FINANCIAL IMPACT:
There is no direct fiscal impact related to this action except staff’s time to resolicit and cost to
advertise for pool and water feature maintenance and repair services at the Palm Desert Housing
Authority residential rental properties.
54
Page 1 of 3
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: December 11, 2024
PREPARED BY: Cyndi Karp – FGA Regional Supervisor
SUBJECT: OCTOBER 2024 – MONTHLY LEASE REPORT
RECOMMENDATION:
1. Receive and File
BACKGROUND/ANALYSIS:
Palm Desert Housing Authority Properties Monthly Report include detailed financial and
occupancy metrics. October 2024 is discussed here:
1. Monthly Occupancy Status: Summary of monthly occupancy. Includes new wait list applicants
and recertification of current residents.
Monthly Occupancy Status - October 2024
Multi-Family Senior
Total Units 733 381
Occupied Units 711 373
Unoccupied Units 22 8
Pending Leases 14 3
Wait List Contacted 253 127
New Applications
Qualified 230 62
Not Qualified 7 4
Recertification Packets 56 29
55
Housing Commission
Palm Desert Housing Authority
October 2024 Monthly Lease Report
Page 2 of 3
2. Monthly Occupancy and Average Rent Summary: Average rent by Income Category.
Monthly Occupancy and Average Rent Summary- October 2024
MULTI-FAMILY PROPERTIES
Area Median Income
Category
October
2024
Number of
Units
October 2024
Average
Monthly Rent
October 2023
Number of
Units
October 2023
Average
Monthly Rent
Extremely Low 0-30% 194 $316 126 $318
Very Low 31-50% 213 $624 192 $593
Low 51-80% 209 $1,074 211 $993
Moderate 81-120% 95 $1,563 126 $1,328
Overall Average Rent 711 $894 702 $808
Monthly Occupancy and Average Rent Summary- October 2024
SENIOR PROPERTIES
Area Median Income
Category
October 2024
Number of
Units
October 2024
Average
Monthly Rent
October 2023
Number of
Units
October 2023
Average
Monthly Rent
Extremely Low 0-30% 138 $315 126 $318
Very Low 31-50% 167 $585 156 $561
Low 51-80% 56 $977 71 $919
Moderate 81-120% 12 $1,592 15 $1,318
Overall Average Rent 373 $867 368 $779
3. Monthly Occupancy and Average Rent Summary: A breakdown of the Average Rent
Summary report, and overall occupancy calculation.
Overall Occupancy
October 2024 October 2023
Multi- Family Properties 97% 97%
Senior Properties 98% 97%
56
Housing Commission
Palm Desert Housing Authority
October 2024 Monthly Lease Report
Page 3 of 3
4. Monthly Net Operating Income (NOI): Financial performance of the properties.
Net Operating Summary for October 2024
Multi-Family Senior
Total Revenue $571,548
$213,921
Total Expenses $352,992 $184,718
Net Operating Income $218,556 $29,203
FYTD Net Operating Income*
*Excludes Replacement and Capital Expenses and Corresponding Reimbursement, where applicable, since these are paid
from reserve funds
Multi-Family Senior
Current Fiscal Year to Date 2025 NOI
7/1/2024 to 10/31/2024
$749,139 $157,642
Prior Year Full-Year NOI 7/1/2023
6/30/2024
$1,942,199 $467,542
ATTACHMENTS:
1. Monthly Occupancy Status Report
2. Average Rent Summary
3. Average Rent Statement
4. Monthly Net Operating Statement
57
58
MONTHLY OCCUPANCY STATUS REPORT OCTOBER 2024 REPORT
REPORTING MONTH: October-24
REPORT DATE: 11/20/24
"MULTI-FAMILY PROPERTIES"Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24
California Villas
a. Total Units in Complex 141 141 141 141 141 141 141 141 141 141 141 141
b. Unoccupied Units 4 6 2 1 3 5 2 0 3 7 5 3
c. Occupied Units 137 135 139 140 137 136 139 141 138 134 136 138
d. Pending Leases 5 3 2 1 2 5 1 0 2 7 5 3
e. Ending Occupied & Pre-leased 142 138 141 141 139 141 140 141 140 141 141 141
f. Down Units 1 1 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 130 130 10 20 40 30 15 30 25 40 20 30
h. Re-Cert Pkts Sent Out During Month 13 12 6 13 13 14 16 4 13 16 17 13
i. Number of Traffic Qualified 10 15 12 25 30 20 25 30 20 30 10 20
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 3 2 2 2 4 2 2 3 5 4 2
c. Occupied Units 61 61 62 62 62 60 62 62 61 59 60 62
d. Pending Leases 0 1 0 1 1 2 1 1 2 4 3 0
e. Ending Occupied & Pre-leased 61 62 62 63 63 62 63 63 63 63 63 62
f. Down Units 1 1 1 1 1 1 1 1 1 1 1 1
g. Number of Wait List Contactees 62 65 79 51 53 58 79 56 65 0 33 63
h. Re-Cert Pkts Sent Out During Month 4 3 4 5 5 2 5 4 3 53 3 2
i. Number of Traffic Qualified 6 11 22 24 17 22 31 28 20 18 23 25
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 5 5 2 2 3 2 3 3 3 2 2 2
c. Occupied Units 43 43 46 46 46 46 45 45 45 46 46 46
d. Pending Leases 4 5 1 2 1 1 3 1 2 2 2 2
e. Ending Occupied & Pre-leased 47 48 47 48 47 47 48 46 47 48 48 48
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 45 20 30 25 30 35 40 30 35 30 35 40
h. Re-Cert Pkts Sent Out During Month 2 5 4 4 1 3 4 2 1 1 4 6
i. Number of Traffic Qualified 30 25 35 40 30 30 35 30 40 30 34 40
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 0 1 2 0 0 2 2 1 0 0 0
c. Occupied Units 24 24 23 22 24 24 22 22 23 24 24 24
d. Pending Leases 0 0 0 2 0 0 0 1 1 0 0 0
e. Ending Occupied & Pre-leased 24 24 23 24 24 24 22 23 24 24 24 24
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 0 0 54 26 0 0 56 49 0 0 0 0
h. Re-Cert Pkts Sent Out During Month 3 1 1 2 1 3 1 1 2 1 4 1
i. Number of Traffic Qualified 8 5 11 8 11 16 23 111 23 15 16 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 17 16 16 17 16 9 13 13 14 10 8 15
c. Occupied Units 367 368 368 367 368 375 371 371 370 374 376 369
d. Pending Leases 9 11 9 6 9 2 3 8 9 10 7 9
e. Ending Occupied & Pre-leased 376 379 377 373 377 377 374 379 379 384 383 378
f. Down Units 9 9 8 0 0 8 7 0 0 0 0 0
g. Number of Wait List Contactees 125 69 81 180 210 198 82 85 195 135 239 80
h. Re-Cert Pkts Sent Out During Month 21 26 30 34 23 28 24 36 23 20 24 30
i. Number of Traffic Qualified 78 63 44 92 57 91 87 75 69 82 70 78
j. Number of Traffic Non-Qualified 2 1 5 2 4 9 3 5 14 5 7 7
10/01/24 Page 1 of 2 MOS Multi-Family 10.24
59
MONTHLY OCCUPANCY STATUS REPORT OCTOBER 2024 REPORT
"MULTI-FAMILY PROPERTIES"Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-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 0 0 1 1 1 1 0 0 0
c. Occupied Units 35 35 35 36 36 35 35 35 35 36 36 36
d. Pending Leases 0 0 1 0 0 0 0 1 1 0 0 0
e. Ending Occupied & Pre-leased 35 35 36 36 36 35 35 36 36 36 36 36
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 0 0 20 25 10 25 30 35 25 15 20 25
h. Re-Cert Pkts Sent Out During Month 3 2 2 2 2 1 4 2 2 3 3 2
i. Number of Traffic Qualified 10 15 10 15 15 15 20 25 20 15 25 25
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 2 2 2 2 2 1 0 0 1 0 0 0
c. Occupied Units 18 18 18 18 18 19 20 20 19 20 20 20
d. Pending Leases 1 1 1 2 0 0 0 0 0 0 0 0
e. Ending Occupied & Pre-leased 19 19 19 20 18 19 20 20 19 20 20 20
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 20 20 20 25 20 25 25 20 10 10 0 15
h. Re-Cert Pkts Sent Out During Month 1 1 0 2 0 3 0 0 3 3 0 1
i. Number of Traffic Qualified 20 20 10 10 10 15 20 15 20 15 20 24
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 2 2 1 2 2 2 2 2 0 0 0 0
c. Occupied Units 14 14 15 14 14 14 14 14 16 16 16 16
d. Pending Leases 1 1 0 0 1 0 0 1 0 0 0 0
e. Ending Occupied & Pre-leased 15 15 15 14 15 14 14 15 16 16 16 16
f. Down Units 1 1 1 0 0 0 1 0 0 0 0 0
g. Number of Wait List Contactees 0 0 0 0 0 0 39 0 0 0 0 0
h. Re-Cert Pkts Sent Out During Month 1 1 3 1 0 2 0 0 2 1 0 1
i. Number of Traffic Qualified 4 5 6 8 8 11 17 9 0 11 8 7
j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0
SUMMARY
MULTI-FAMILY PROPERTIES Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24
a. Total Units in Complex 733 733 733 733 733 733 733 733 733 733 733 733
b. Unoccupied Units 34 35 27 28 28 24 25 23 26 24 19 22
c. Occupied Units 699 698 706 705 705 709 708 710 707 709 714 711
d. Pending Leases 20 22 14 14 14 10 8 13 17 23 17 14
e. Ending Occupied & Pre-leased 719 720 720 719 719 719 716 723 724 732 731 725
f. Down Units 12 12 10 1 1 9 9 1 1 1 1 1
g. Number of Wait List Contactees 382 304 294 352 363 371 366 305 355 230 347 253
h. Re-Cert Pkts Sent Out During Month 48 51 50 63 45 56 54 49 49 98 55 56
i. Number of Traffic Qualified 166 159 150 222 178 220 258 323 212 216 206 230
j. Number of Traffic Non-Qualified 2 1 5 2 4 9 3 5 14 5 7 7
10/01/24 Page 2 of 2 MOS Multi-Family 10.24
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MONTHLY OCCUPANCY STATUS REPORT OCTOBER 2024 REPORT
REPORTING MONTH: October-24
REPORT DATE: 11/20/24
"SENIOR PROPERTIES"Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24
Candlewood
a. Total Units in Complex 30 30 30 30 30 30 30 30 30 30 30 30
b. Unoccupied Units 2 2 3 4 4 3 3 1 0 0 0 0
c. Occupied Units 28 28 27 26 26 27 27 29 30 30 30 30
d. Pending Leases 0 0 0 0 0 1 0 1 0 0 0 0
e. Ending Occupied & Pre-leased 28 28 27 26 26 28 27 30 30 30 30 30
f. Down Units 2 2 2 0 0 1 2 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 2 2 3 0 3 2 4 3 1 1 2 0
i. Number of Traffic Qualified 0 0 0 0 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
Carlos Ortega
a. Total Units in Complex 73 73 73 73 73 73 73 73 73 73 73 73
b. Unoccupied Units 0 0 1 2 2 2 1 1 1 1 1 0
c. Occupied Units 73 73 72 71 71 71 72 72 72 72 72 73
d. Pending Leases 0 0 0 0 1 1 1 1 1 1 1 0
e. Ending Occupied & Pre-leased 73 73 72 71 72 72 73 73 73 73 73 73
f. Down Units 0 0 1 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 30 30 28 40 16 16 20 20 30 30 20 7
h. Re-Cert Pkts Sent Out During Month 3 3 9 9 7 6 11 12 11 5 4 3
i. Number of Traffic Qualified 3 3 1 2 3 2 1 2 1 2 0 4
j. Number of Traffic Non-Qualified 2 2 0 2 0 0 1 1 2 1 2 1
Catalina Gardens
a. Total Units in Complex 72 72 72 72 72 72 72 72 72 72 72 72
b. Unoccupied Units 5 5 6 5 5 4 5 3 3 3 2 3
c. Occupied Units 67 67 66 67 67 68 67 69 69 69 70 69
d. Pending Leases 3 3 2 0 1 0 5 2 0 1 0 1
e. Ending Occupied & Pre-leased 70 70 68 67 68 68 72 71 69 70 70 70
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 34 200 95 72 86 96 105 110 80 78 80 90
h. Re-Cert Pkts Sent Out During Month 7 7 4 3 3 6 5 7 3 2 7 9
i. Number of Traffic Qualified 1 12 2 3 3 4 5 4 3 2 2 4
j. Number of Traffic Non-Qualified 2 2 6 4 4 2 2 3 2 3 1 3
La Rocca Villas
a. Total Units in Complex 27 27 27 27 27 27 27 27 27 27 27 27
b. Unoccupied Units 2 2 2 0 0 0 0 0 0 0 0 0
c. Occupied Units 25 25 25 27 27 27 27 27 27 27 27 27
d. Pending Leases 1 1 2 0 0 0 0 0 0 0 0 0
e. Ending Occupied & Pre-leased 26 26 27 27 27 27 27 27 27 27 27 27
f. Down Units 0 0 0 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 47 62 0 0 0 0 0 0 0 0 0 0
h. Re-Cert Pkts Sent Out During Month 2 1 1 1 4 3 1 3 1 1 0 3
i. Number of Traffic Qualified 8 0 4 6 7 2 1 1 0 1 3 3
j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0
Las Serenas
a. Total Units in Complex 150 150 150 150 150 150 150 150 150 150 150 150
b. Unoccupied Units 5 6 4 4 0 1 0 2 2 4 3 4
c. Occupied Units 145 144 146 146 150 150 150 148 148 146 147 146
d. Pending Leases 2 3 2 0 0 0 0 1 1 2 3 1
e. Ending Occupied & Pre-leased 147 147 148 146 150 150 150 149 149 148 150 147
f. Down Units 2 2 2 0 0 0 0 0 0 0 0 0
g. Number of Wait List Contactees 93 84 98 68 35 0 0 60 24 15 23 30
h. Re-Cert Pkts Sent Out During Month 11 7 11 5 5 8 13 18 15 11 19 9
i. Number of Traffic Qualified 36 5 36 46 51 49 25 4 34 34 25 51
j. Number of Traffic Non-Qualified 0 0 0 0 0 0 0 0 0 0 0 0
10/01/2024 Page 1 of 2 MOS Senior 10.24
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MONTHLY OCCUPANCY STATUS REPORT OCTOBER 2024 REPORT
"SENIOR PROPERTIES"Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24
Pueblos
a. Total Units in Complex 15 15 15 15 15 15 15 15 15 15 15 15
b. Unoccupied Units 0 0 0 1 1 0 0 0 0 0 0 0
c. Occupied Units 15 15 15 14 14 15 15 15 15 15 15 15
d. Pending Leases 0 0 0 0 0 0 0 0 0 0 0 0
e. Ending Occupied & Pre-leased 15 15 15 14 14 15 15 15 15 15 15 15
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 3 0 0 0 0 0 4 1 1 1 1 3
i. Number of Traffic Qualified 0 0 0 0 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 1 1 0 1 1 1 1 1 1
c. Occupied Units 14 14 14 13 13 13 13 13 13 13 13 13
d. Pending Leases 0 0 0 0 0 0 1 1 1 0 0 1
e. Ending Occupied & Pre-leased 14 14 14 13 13 13 14 14 14 13 13 14
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 2 2 0 0 0 2 1 1 1 1 3 2
i. Number of Traffic Qualified 0 0 0 0 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 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24
a. Total Units in Complex 381 381 381 381 381 381 381 381 381 381 381 381
b. Unoccupied Units 14 15 16 17 13 10 10 8 7 9 7 8
c. Occupied Units 367 366 365 364 368 371 371 373 374 372 374 373
d. Pending Leases 6 7 6 0 2 2 7 6 3 4 4 3
e. Ending Occupied & Pre-leased 373 373 371 364 370 373 378 379 377 376 378 376
f. Down Units 4 4 5 0 0 1 2 0 0 0 0 0
g. Number of Wait List Contactees 204 376 221 180 137 112 125 190 134 123 123 127
h. Re-Cert Pkts Sent Out During Month 30 22 28 18 22 27 39 45 33 22 36 29
i. Number of Traffic Qualified 48 20 43 57 64 57 32 11 38 39 30 62
j. Number of Traffic Non-Qualified 4 4 6 6 4 2 3 4 4 4 3 4
10/01/2024 Page 2 of 2 MOS Senior 10.24
62
MONTHLY OCCUPANCY AND AVERAGE RENT SUMMARY OCTOBER 2024
*
**
AMI %
Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent Ann. Income Mo. Rent
20%13,650 284 15,600 325 17,550 366 19,500 406
25%17,063 355 19,500 406 21,938 457 24,375 508
30%21,550 511 24,600 513 27,700 577 31,200 650
35%23,888 498 27,300 569 30,713 640 34,125 711
40%27,300 569 31,200 650 35,100 731 39,000 813
45%30,713 640 35,100 731 39,488 823 43,875 914
50%35,900 748 41,000 854 46,100 960 51,250 1,068
55%37,538 782 42,900 894 48,263 1,005 53,625 1,117
60%40,950 853 46,800 975 52,650 1,097 58,500 1,219
65%44,363 1,109 50,700 1,268 57,038 1,426 63,375 1,584
70%47,775 1,194 54,600 1,365 61,425 1,536 68,250 1,706
75%51,188 1,280 58,500 1,463 65,813 1,645 73,125 1,828
80%57,400 1,435 65,600 1,640 73,800 1,845 82,000 2,050
85%58,013 1,450 66,300 1,658 74,588 1,865 82,875 2,072
90%61,425 1,536 70,200 1,755 78,975 1,974 87,750 2,194
95%64,838 1,621 74,100 1,853 83,363 2,084 92,625 2,316
100%68,250 1,706 78,000 1,950 87,750 2,194 97,500 2,438
105%71,663 1,792 81,900 2,048 92,138 2,303 102,375 2,559
110%75,075 1,877 85,800 2,145 96,525 2,413 107,250 2,681
115%78,488 1,962 89,700 2,243 100,913 2,523 112,125 2,803
120%81,900 2,048 93,600 2,340 105,300 2,633 117,000 2,925
Senior Complexes
Average Mo. RentNo. of Units
12
373
315
585
977
1,592
867
Average Mo. RentNo. of Units
Multi-Family Complexes
HOUSEHOLD SIZE
1 2 3 4
Extremely Low
0-30%
Very Low
31-50%
Low
51-80%
Moderate
81%-120%
Total
138
167
56
Riverside County Income Eligibility as of 7/1/2024. Monthly rent is exclusive of Utility Allowance.
Extremely Low
0-30%
Very Low
31-50%
Low
51-80%
Moderate
81%-120%
Total 711
316
624
1,074
1,563
894
194
213
209
95
Page 1 Summary Rpt #1 10.24 63
MONTHLY OCCUPANCY AND AVERAGE RENT SUMMARY OCTOBER 2024
* Including On-Site Management units, occupied units total 11
** Including On-Site Management units, occupied units total 5
Page 2 Summary Rpt #1 10.24 64
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT OCTOBER 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 3 213 3 213
b. 1 BR, 1 BA 10 247 2 216 1 209 11 234 24 237
c. 2 BR, 1 BA 2 232 4 248 4 217 10 232
d. 2 BR, 2 BA 2 226 6 209 8 213
e. Totals 20%10 5 3 2 21 4 0 0 45
2. EXTREMELY LOW: 21-25% OF MEDIAN
a. Studio 9 281 9 281
b. 1 BR, 1 BA 21 322 8 294 5 300 34 304 68 308
c. 2 BR, 1 BA 5 331 4 344 2 297 11 329
d. 2 BR, 2 BA 1 309 12 324 13 323
e. Totals 21-25%21 17 5 1 51 4 2 0 101
3. EXTREMELY LOW: 26-30% OF MEDIAN
a. Studio 1 381 2 361 3 367
b. 1 BR, 1 BA 12 421 1 364 1 373 9 400 23 408
c. 2 BR, 1 BA 1 391 2 436 4 413 2 405 1 391 10 412
d. 2 BR, 2 BA 3 415 9 416 12 416
e. Totals 26-30%12 2 4 3 20 4 2 1 48
Total extremely low =43 24 12 6 92 12 4 1 194
Percent of total 31.16%38.71%26.09%25.00%24.93%33.33%20.00%6.25%27.29%
4. VERY LOW: 31-35% OF MEDIAN
a. Studio 1 414 1 414 2 414
b. 1 BR, 1 BA 8 480 2 448 1 457 12 471 23 472
c. 2 BR, 1 BA 2 496 2 505 4 494 1 474 1 486 10 494
d. 2 BR, 2 BA 3 493 7 508 10 504
e. Totals 31-35%8 3 4 3 21 4 1 1 45
5. VERY LOW: 36-40% OF MEDIAN
a. Studio 2 492 2 492
b. 1 BR, 1 BA 13 566 1 527 1 536 8 546 23 556
c. 2 BR, 1 BA 1 575 7 597 2 574 3 563 13 584
d. 2 BR, 2 BA 9 594 9 594
e. Totals 36-40%13 3 2 0 24 2 3 0 47
6. VERY LOW: 41-45% OF MEDIAN
a. Studio 3 552 3 552
b. 1 BR, 1 BA 15 640 1 606 2 615 14 636 32 636
c. 2 BR, 1 BA 2 663 4 695 5 672 3 651 1 652 15 671
d. 2 BR, 2 BA 3 672 12 684 15 682
e. Totals 41-45%15 4 4 3 30 5 3 1 65
7. VERY LOW: 46-50% OF MEDIAN
a. Studio 2 639 1 680 3 653
b. 1 BR, 1 BA 8 733 1 683 8 714 17 721
c. 2 BR, 1 BA 1 732 2 740 8 813 5 744 3 728 2 740 21 767
d. 2 BR, 2 BA 15 799 15 799
e. Totals 46-50%8 3 4 0 31 5 3 2 56
Total very low =44 13 14 6 106 16 10 4 213
Percent of total 31.88%20.97%30.43%25.00%28.73%44.44%50.00%25.00%29.96%
8. LOWER: 51-55% OF MEDIAN
a. Studio 3 698 3 698
b. 1 BR, 1 BA 7 793 1 772 8 795 16 792
c. 2 BR, 1 BA 1 841 14 861 3 866 1 951 1 841 20 864
d. 2 BR, 2 BA 2 829 10 866 12 860
e. Totals 51-55%7 3 2 2 32 3 1 1 51
9. LOWER: 56-60% OF MEDIAN
a. Studio 1 714 1 714
b. 1 BR, 1 BA 15 882 2 842 2 866 8 871 27 874
c. 2 BR, 1 BA 3 929 7 953 3 930 5 943 18 942
d. 2 BR, 2 BA 3 940 13 951 16 949
e. Totals 56-60%15 3 5 3 28 3 0 5 62
ONE QUAIL
PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS NEIGHBORS
Oct-24
11/20/2024
CALIFORNIA
VILLAS
DESERT
POINTE LAGUNA PALMS
10/01/2024 Page 1 of 2 Rpt #1 Multi-Family 10.24
65
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT OCTOBER 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
ONE QUAIL
PLACE PALM VILLAGE SANTA ROSA TAOS PALMS TOTALS NEIGHBORS CALIFORNIA
VILLAS
DESERT
POINTE LAGUNA PALMS
10. LOWER: 61-65% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 4 1,176 12 1,106 16 1,124
c. 2 BR, 1 BA 1 1,292 4 1,200 1 975 2 1,258 8 1,198
d. 2 BR, 2 BA 1 1,248 8 1,273 9 1,270
e. Totals 61-65%4 0 1 1 24 1 2 0 33
11. LOWER: 66-70% OF MEDIAN
a. Studio 1 1,090 1 1,090
b. 1 BR, 1 BA 3 1,250 1 1,229 4 1,252 8 1,248
c. 2 BR, 1 BA 3 1,333 5 1,383 1 1,354 9 1,363
d. 2 BR, 2 BA 2 1,354 11 1,390 13 1,385
e. Totals 66-70%3 1 4 2 20 0 0 1 31
12. LOWER: 71-75% OF MEDIAN
a. Studio 3 1,185 3 1,185
b. 1 BR, 1 BA 3 1,347 1 1,360 2 1,316 6 1,339
c. 2 BR, 1 BA 2 1,461 3 1,497 5 1,482
d. 2 BR, 2 BA 8 1,505 8 1,505
e. Totals 71-75%3 4 2 0 13 0 0 0 22
13. LOWER: 76-80% OF MEDIAN
a. Studio 1 1,213 1 1,213
b. 1 BR, 1 BA 2 1,325 3 1,387 5 1,362
c. 2 BR, 1 BA 1 1,544 2 1,581 1 1,532 4 1,559
d. 2 BR, 2 BA 0 -
e. Totals 76-80%2 1 1 0 5 0 1 0 10
Total lower =34 12 15 8 122 7 4 7 209
·Percent of total 24.64%19.35%32.61%33.33%33.06%19.44%20.00%43.75%29.40%
14. MODERATE: 81-120% OF MEDIAN
a. Studio 3 1,314 3 1,314
b. 1 BR, 1 BA 16 1,361 6 1,295 1 1,304 19 1,347 42 1,344
c. 2 BR, 1 BA 1 2,010 3 1,743 4 1,779 11 1,717 1 2,010 2 1,881 4 1,814 26 1,780
d. 2 BR, 2 BA 1 2,010 4 1,788 19 1,721 24 1,744
Total moderate =17 13 5 4 49 1 2 4 95
Percent of total 12.32%20.97%10.87%16.67%13.28%2.78%10.00%25.00%13.36%
15. Total units occupied:138 62 46 24 369 36 20 16 711
16. Occupancy rate =98%97%96%100%96%100%100%100%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%
10/01/2024 Page 2 of 2 Rpt #1 Multi-Family 10.24
66
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT OCTOBER 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 5 186 5 186
b. 1 BR, 1 BA 2 206 2 315 3 206 3 263 4 209 14 235
c. 2 BR, 1 BA 1 366 6 212 7 234
d. 2 BR, 2 BA 0 -
e. Totals 20%2 3 8 3 10 0 0 26
2. EXTREMELY LOW: 21-25% OF MEDIAN
a. Studio 16 256 16 256
b. 1 BR, 1 BA 5 272 8 394 3 289 5 351 19 284 2 294 1 291 43 312
c. 2 BR, 1 BA 2 307 4 301 6 303
d. 2 BR, 2 BA 0 -
e. Totals 21-25%7 8 19 5 23 2 1 65
3. EXTREMELY LOW: 26-30% OF MEDIAN
a. Studio 7 339 7 339
b. 1 BR, 1 BA 4 358 7 467 3 358 4 445 8 367 4 373 3 364 33 396
c. 2 BR, 1 BA 1 525 6 396 7 415
d. 2 BR, 2 BA 0 -
e. Totals 26-30%4 8 10 4 14 4 3 47
Total extremely low =13 19 37 12 47 6 4 138
Percent of total 43.33%26.03%53.62%44.44%32.19%40.00%30.77%37.00%
4. VERY LOW: 31-35% OF MEDIAN
a. Studio 4 390 4 390
b. 1 BR, 1 BA 4 434 5 555 5 446 6 506 10 447 4 445 3 460 37 470
c. 2 BR, 1 BA 2 620 7 474 9 506
d. 2 BR, 2 BA 0 -
e. Totals 31-35%4 7 9 6 17 4 3 50
5. VERY LOW: 36-40% OF MEDIAN
a. Studio 3 465 3 465
b. 1 BR, 1 BA 4 526 8 636 1 585 18 530 1 524 1 547 33 557
c. 2 BR, 1 BA 1 573 5 567 6 568
d. 2 BR, 2 BA 0 -
e. Totals 36-40%5 8 3 1 23 1 1 42
6. VERY LOW: 41-45% OF MEDIAN
a. Studio 5 536 5 536
b. 1 BR, 1 BA 2 611 4 715 5 604 2 664 10 605 3 618 1 606 27 627
c. 2 BR, 1 BA 2 797 10 661 12 684
d. 2 BR, 2 BA 0 -
e. Totals 41-45%2 6 10 2 20 3 1 44
7. VERY LOW: 46-50% OF MEDIAN
a. Studio 1 656 1 656
b. 1 BR, 1 BA 2 668 13 807 2 668 2 732 5 686 1 671 2 674 27 743
c. 2 BR, 1 BA 1 960 2 728 3 805
d. 2 BR, 2 BA 0 -
e. Totals 46-50%2 14 3 2 7 1 2 31
Total very low =13 35 25 11 67 9 7 167
·Percent of total 43.33%47.95%36.23%40.74%45.89%60.00%53.85%44.77%
8. LOWER: 51-55% OF MEDIAN
a. Studio 2 678 2 678
b. 1 BR, 1 BA 2 771 3 866 1 757 1 821 6 765 13 793
c. 2 BR, 1 BA 4 837 4 837
d. 2 BR, 2 BA 0 -
e. Totals 51-55%2 3 3 1 10 0 0 19
9. LOWER: 56-60% OF MEDIAN
a. Studio 1 735 1 735
b. 1 BR, 1 BA 5 945 2 836 8 843 2 857 17 874
c. 2 BR, 1 BA 1 1,063 1 951 2 1,007
d. 2 BR, 2 BA 0 -
e. Totals 56-60%0 6 3 0 9 0 2 20
CANDLEWOOD LAS SERENASCARLOS
ORTEGA
LA ROCCA
VILLASCATALINA
Oct-24
11/20/2024
PUEBLOS TOTALS SAGE CREST
SR.
10/01/2024 Page 1 of 2 Rpt #1 Senior 10.24
67
REPORT #1 - MONTHLY OCCUPANCY AND AVERAGE RENT STATEMENT OCTOBER 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
CANDLEWOOD LAS SERENASCARLOS
ORTEGA
LA ROCCA
VILLASCATALINA PUEBLOS TOTALS SAGE CREST
SR.
10. LOWER: 61-65% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 4 1,239 1 1,184 2 1,123 7 1,198
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 61-65%0 4 0 1 2 0 0 7
11. LOWER: 66-70% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 2 1,323 2 1,238 4 1,281
c. 2 BR, 1 BA 0 -
d. 2 BR, 2 BA 0 -
e. Totals 66-70%0 2 0 0 2 0 0 4
12. LOWER: 71-75% OF MEDIAN
a. Studio 0 -
b. 1 BR, 1 BA 2 1,431 2 1,431
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 1,398 2 1,399 3 1,398
c. 2 BR, 1 BA 1 1,532 1 1,532
d. 2 BR, 2 BA 0 -
e. Totals 76-80%0 1 0 0 3 0 0 4
Total lower =2 18 6 2 26 0 2 56
Percent of total 6.67%24.66%8.70%7.41%17.81%0.00%15.38%15.01%
14. MODERATE: 81-120% OF MEDIAN
a. Studio 1 1,517 1 1,517
b. 1 BR, 1 BA 1 1,289 2 1,482 3 1,363 6 1,390
c. 2 BR, 1 BA 1 2,010 3 1,740 4 1,808
d. 2 BR, 2 BA 1 2,010 1 2,010
Total moderate =2 1 1 2 6 0 0 12
Percent of total 6.67%1.37%1.45%7.41%4.11%0.00%0.00%3.22%
15. Total units occupied:30 73 69 27 146 15 13 373
16. Occupancy rate =100%100%96%100% 97%100%93%98%
NOTE: For each project, to calculate average rent for a unit type at an income level, divide the total rental income of that unit type
at that income level by the number of occupied units of that unit type at that income level.Occ Rate excluding properties under const/renov 98%
10/01/2024 Page 2 of 2 Rpt #1 Senior 10.24
68
OCTOBER 2024 REPORT
REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT:
REPORTING MONTH:Oct-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP
REPORT DATE:11/20/2024
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
EXTREMELY LOW: 20%
Occupied units 10 5 3 2 21 4 - - 45
Total rental income 2,470 1,072 673 452 4,821 868 10,356
Per occupied unit 247 214 224 226 230 217 230
EXTREMELY LOW: 21% --> 25%
Occupied units 21 17 5 1 51 4 2 - 101
Total rental income 6,757 4,885 1,500 309 15,886 1,376 594 31,307
Per occupied unit 322 287 300 309 311 344 297 310
EXTREMELY LOW: 26% --> 30%
Occupied units 12 2 4 3 20 4 2 1 48
Total rental income 5,050 745 1,485 1,245 8,217 1,651 810 391 19,594
Per occupied unit 421 373 371 415 411 413 405 391 408
VERY LOW: 31% --> 35%
Occupied units 8 3 4 3 21 4 1 1 45
Total rental income 3,842 1,310 1,863 1,480 10,218 1,976 474 486 21,649
Per occupied unit 480 437 466 493 487 494 474 486 481
VERY LOW: 36% --> 40%
Occupied units 13 3 2 - 24 2 3 - 47
Total rental income 7,361 1,511 1,111 13,896 1,148 1,689 26,716
Per occupied unit 566 504 556 579 574 563 568
VERY LOW: 41% --> 45%
Occupied units 15 4 4 3 30 5 3 1 65
Total rental income 9,593 2,262 2,556 2,015 19,899 3,361 1,953 652 42,291
Per occupied unit 640 566 639 672 663 672 651 652 651
VERY LOW: 46% --> 50%
Occupied units 8 3 4 - 31 5 3 2 56
Total rental income 5,863 2,010 2,843 24,203 3,720 2,184 1,480 42,303
Per occupied unit 733 670 711 781 744 728 740 755
VERY LOW Up to 50%
Occupied units 87 37 26 12 198 28 14 5 407
Total rental income 40,936 13,795 12,031 5,501 97,140 14,100 7,704 3,009 194,216
Per occupied unit 471 373 463 458 491 504 550 602 477
LOWER: 51% --> 55%
Occupied units 7 3 2 2 32 3 - 1 50
Total rental income 5,551 2,094 1,613 1,657 27,070 2,597 - 841 41,423
Per occupied unit 793 698 807 829 846 866 841 828
LOWER: 56% --> 60%
Occupied units 15 3 5 3 28 3 1 5 63
Total rental income 13,230 2,398 4,519 2,821 25,992 2,789 951 4,713 57,413
Per occupied unit 882 799 904 940 928 930 951 943 911
LOWER: 61% --> 65%
Occupied units 4 - 1 1 24 1 2 - 33
Total rental income 4,702 - 1,292 1,248 28,253 975 2,516 38,986
Per occupied unit 1,176 1,292 1,248 1,177 975 1,258 1,181
LOWER: 66% --> 70%
Occupied units 3 1 4 2 20 - - 1 31
Total rental income 3,750 1,090 5,228 2,708 27,214 - - 1,354 41,344
Per occupied unit 1,250 1,090 1,307 1,354 1,361 1,354 1,334
LOWER: 71% --> 75%
Occupied units 3 4 2 - 13 - - - 22
Total rental income 4,040 4,916 2,922 19,162 - 31,040
Per occupied unit 1,347 1,229 1,461 1,474 1,411
LOWER: 76% --> 80%
Occupied units 2 1 1 - 5 - 1 - 10
Total rental income 2,650 1,213 1,544 7,322 1,532 14,261
Per occupied unit 1,325 1,213 1,544 1,464 1,532 1,426
LOWER: 51% --> 80%
Occupied units 34 12 15 8 122 7 4 7 209
Total rental income 33,923 11,711 17,118 8,434 135,013 6,361 4,999 6,908 224,467
Per occupied unit 998 976 1,141 1,054 1,107 909 1,250 987 1,074
MODERATE: 81% --> 120%
Occupied units 17 13 5 4 49 1 2 4 95
Total rental income 23,786 18,951 8,420 7,150 77,176 2,010 3,761 7,254 148,508
Per occupied unit 1,399 1,458 1,684 1,788 1,575 2,010 1,881 1,814 1,563
Summary Income:
Rent Roll Expected Income 98,645 44,457 37,569 21,085 309,329 22,471 16,464 17,171 567,191
Delinquent Income (2,821) (4,700) (821) (2,010) 10,484 (721) (2,010) (2,138) (4,737)
Actual Rent Received 95,824 39,757 36,748 19,075 319,813 21,750 14,454 16,132 563,553
Other Income:
Laundry 47 207 202 102 2,588 499 166 148 3,958
Other (Credit Report/Late Fees)1,022 230 325 200 1,615 100 270 275 4,037
Total Operating Income 96,892 40,194 37,275 19,377 324,017 22,349 14,890 16,555 571,548
NEIGHBORS
10/01/2024 Page 1 of 2 Rpt #2 Multi-Family 10.24 69
OCTOBER 2024 REPORT
REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT:
REPORTING MONTH:Oct-24 "MULTI-FAMILY PROPERTIES"REPORTED BY: CYNDI KARP
REPORT DATE:11/20/2024
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
NEIGHBORS
Occupied Units 138 62 46 24 369 36 20 16 711
Income per occupied unit 702 648 810 807 878 621 744 1,035 804
EXPENSES
Operating Expenses:
Payroll 20,376 9,663 9,147 3,366 71,925 5,779 2,324 3,301 125,881
Per occupied unit 148 156 199 140 195 161 116 206 177
Administrative 8,226 3,905 4,654 1,302 21,065 3,026 964 906 44,048
Per occupied unit 60 63 101 54 57 84 48 57 62
Advertising/Promotion - - - - (91) - - - (91)
Per occupied unit - - - - (0) - - - (0)
Contract Services 7,883 3,786 4,794 2,846 19,348 2,980 2,162 1,443 45,244
Per occupied unit 57 61 104 119 52 83 108 90 64
Utility Services 17,184 6,154 6,650 3,729 32,373 4,410 1,646 1,701 73,847
Per occupied unit 125 99 145 155 88 122 82 106 104
Maintenance 5,979 1,326 3,570 6,138 2,186 2,865 1,125 4,047 27,235
Per occupied unit 43 21 78 256 6 80 56 253 38
Replacement expense 13,590 (20) 807 1,333 13,219 7,100 - 800 36,829
Per occupied unit 98 (0) 18 56 36 197 - 50 52
Capital expense - - - - - - - - -
Per occupied unit - - - - - - - - -
Total Operating Expenses 73,239 24,815 29,622 18,713 160,026 26,159 8,222 12,197 352,992
Per occupied unit 531 400 644 780 434 727 411 762 496
Summary Revenue and Expenses
Total Operating Income 96,892 40,194 37,275 19,377 324,017 22,349 14,890 16,555 571,548
Total Operating Expenses 73,239 24,815 29,622 18,713 160,026 26,159 8,222 12,197 352,992
Monthly Net Operating Income 23,653 15,379 7,653 663 163,991 (3,810) 6,668 4,358 218,556
Per occupied unit 171 248 166 28 444 (106) 333 272 307
FYTD Net Operating Income* 122,492 25,572 3,229 28,707 504,057 19,908 23,991 21,184 749,139
Previous Fiscal Year NOI (6/30/2024)*297,200 112,539 62,592 30,825 1,275,759 97,026 45,323 20,935 1,942,199
* 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).
10/01/2024 Page 2 of 2 Rpt #2 Multi-Family 10.24 70
OCTOBER 2024 REPORT
REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT:
REPORTING MONTH:Oct-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP
REPORT DATE:11/20/2024
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
EXTREMELY LOW: 20%
Occupied units 2 3 8 3 10 - - 26
Total rental income 412 996 1,546 789 2,108 5,851
Per occupied unit 206 332 193 263 211 225
EXTREMELY LOW: 21% --> 25%
Occupied units 7 8 19 5 23 2 1 65
Total rental income 1,976 3,152 4,955 1,757 6,605 588 291 19,324
Per occupied unit 282 394 261 351 287 294 291 297
EXTREMELY LOW: 26% --> 30%
Occupied units 4 8 10 4 14 4 3 47
Total rental income 1,432 3,794 3,450 1,780 5,310 1,490 1,092 18,348
Per occupied unit 358 474 345 445 379 373 364 390
VERY LOW: 31% --> 35%
Occupied units 4 7 9 6 17 4 3 50
Total rental income 1,737 4,013 3,788 3,036 7,789 1,780 1,380 23,523
Per occupied unit 434 573 421 506 458 445 460 470
VERY LOW: 36% --> 40%
Occupied units 5 8 3 1 23 1 1 42
Total rental income 2,677 5,087 1,395 585 12,369 524 547 23,184
Per occupied unit 172 636 465 585 538 524 547 552
VERY LOW: 41% --> 45%
Occupied units 2 6 10 2 20 3 1 44
Total rental income 1,222 4,452 5,702 1,328 12,666 1,853 606 27,829
Per occupied unit 611 742 570 664 633 618 606 632
VERY LOW: 46% --> 50%
Occupied units 2 14 3 2 7 1 2 31
Total rental income 1,336 11,446 1,992 1,464 4,888 671 1,348 23,145
Per occupied unit 668 818 664 732 698 671 674 747
VERY LOW: Up to 50%
Occupied units 26 54 62 23 114 15 11 305
Total rental income 10,792 32,940 22,828 10,739 51,735 6,906 5,264 141,204
Per occupied unit 415 610 368 467 454 460 479 463
LOWER: 51% --> 55%
Occupied units 2 3 3 1 10 - - 19
Total rental income 1,542 2,598 2,113 821 7,934 - 15,008
Per occupied unit 771 866 704 821 793 790
LOWER: 56% --> 60%
Occupied units - 6 3 - 9 - 2 20
Total rental income 5,788 2,407 - 7,693 1,714 17,602
Per occupied unit 965 802 855 857 880
LOWER: 61% --> 65%
Occupied units - 4 - 1 2 - - 7
Total rental income - 4,955 1,184 2,246 8,385
Per occupied unit 1,239 1,184 1,123 1,198
LOWER: 66% --> 70%
Occupied units - 2 - - 2 - - 4
Total rental income 2,646 2,476 5,122
Per occupied unit 1,323 1,238 1,281
LOWER: 71% --> 75%
Occupied units - 2 - - - - - 2
Total rental income 2,861 - - 2,861
Per occupied unit 1,431 1,431
LOWER: 76% --> 80%
Occupied units - 1 - - 3 - - 4
Total rental income 1,398 4,329 5,727
Per occupied unit 1,398 1,443 1,432
LOWER: 51% --> 80%
Occupied units 2 18 6 2 26 - 2 56
Total rental income 1,542 20,246 4,520 2,005 24,678 - 1,714 54,705
10/01/2024 Page 1 of 2 Rpt #2 Senior 10.24 71
OCTOBER 2024 REPORT
REPORT #2 - MONTHLY NET OPERATING INCOME STATEMENT:
REPORTING MONTH:Oct-24 "SENIOR PROPERTIES"REPORTED BY: CYNDI KARP
REPORT DATE:11/20/2024
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
Per occupied unit 771 1,125 753 1,003 949 857 977
MODERATE: 81% --> 120%
Occupied units 2 1 1 2 6 - - 12
Total rental income 3,299 2,010 1,517 2,964 9,309 19,099
Per occupied unit 1,650 2,010 1,517 1,482 1,552 1,592
Summary Income:
Rent Roll Expected Income 15,633 55,196 28,865 15,708 85,722 6,906 6,978 215,008
Delinquent Income (1,099) (1,907) (1,373) (452) 2,747 - - (2,084)
Actual Rent Received 14,534 53,289 27,492 15,256 88,469 6,906 6,978 212,924
Other Income:
Laundry - - 54 - 762 - - 817
Other (Credit Report/Late Fees)75 50 50 - (4) (25) 35 181
Total operating income 14,609 53,339 27,596 15,256 89,227 6,881 7,013 213,921
Occupied Units 30 73 69 27 146 15 13 373
Income per occupied unit 487 731 400 565 611 459 539 574
EXPENSES
Operating Expenses:
Payroll 5,248 17,664 12,068 6,700 16,663 3,061 2,566 63,971
Per occupied unit 175 242 175 248 114 204 197 172
Administrative 1,485 5,037 3,862 1,450 9,910 1,593 1,812 25,148
Per occupied unit 50 69 56 54 68 106 139 67
Advertising/promotion - 159 - - - - - 159
Per occupied unit - 2 - - - - - 0
Contract services 2,021 4,195 3,696 1,642 4,020 1,498 1,874 18,946
Per occupied unit 67 57 54 61 28 100 144 51
Utility services 3,480 8,220 7,849 5,504 12,076 1,486 2,155 40,770
Per occupied unit 116 113 114 204 83 99 166 109
Maintenance 2,281 881 5,238 893 10,182 1,096 1,358 21,929
Per occupied unit 76 12 76 33 70 73 104 59
Replacement expense 8,027 807 4,961 - - - - 13,795
Per occupied unit 268 11 72 - - - - 37
Capital expense - - - - - - - -
Per occupied unit - - - - - - - -
Total Operating Expenses 22,542 36,963 37,674 16,189 52,851 8,734 9,764 184,718
Per occupied unit 751 506 546 600 362 582 751 495
Summary Revenue and Expenses
Total Operating Income 14,609 53,339 27,596 15,256 89,227 6,881 7,013 213,921
Total Operating Expenses 22,542 36,963 37,674 16,189 52,851 8,734 9,764 184,718
Monthly Net Operating Income (7,933) 151,515 (10,078) (933) 36,376 (1,853) (2,751) 29,203
Per occupied unit (264) 2,076 (146) (35) 249 (124) (212) 78
FYTD Net Operating Income* 873 66,534 (23,491) (6,046) 131,666 (7,561) (4,334) 157,642
Previous Fiscal Year NOI (6/30/2024)* (30,763) 156,040 (102,677) (47,400) 490,379 (1,760) 3,722 467,542
* 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)
10/01/2024 Page 2 of 2 Rpt #2 Senior 10.24 72
Page 1 of 1
HOUSING COMMISSION
PALM DESERT HOUSING AUTHORITY
STAFF REPORT
MEETING DATE: December 11, 2024
PREPARED BY: Cyndi Karp – FGA Regional Supervisor
SUBJECT: RESIDENT ACTIVITIES FOR OCTOBER 2024
RECOMMENDATION:
Receive and File.
BACKGROUND/ANALYSIS:
October Resident Activities held at these Palm Desert Housing Authority Properties: One Quail
Place & Carlos Ortega Villas.
FINANCIAL IMPACT:
Funding used for the resident activities comes out of the Resident Activities budget for each
respective property.
ATTACHMENTS:
1. Presentation of Resident Activities for October 2024
73
74
One Quail Place
Resident Halloween Lunch Held on October 31, 2024 75
Carlos Ortega Resident Halloween Lunch –October 31, 2024
76
HOUSING COMMISSION
Year 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024 2024
Month Oct Sep Aug Jul May Jun May Apr Mar Feb Jan
Day 9 11 - - 8 12 8 10 13 - 10
Bauer, Kathleen P P P - - P E P P P - P 0 1
Buller, Jan P P P - - E P E P P - P 0 1
Docken, Olivia P P P - - P P P P A - P 1 1
Firestine, Andrew E P P - - N/A N/A N/A N/A N/A N/A N/A 0 1
Moore, Dominic P P P - - P P P P P - P 0 0
Morrison, Melody PP P - - PPPPP - P 00
Siddiq, Franchon-Marie P P P - - P P P E P - P 0 1
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
77