Loading...
HomeMy WebLinkAboutHA33920 - Supplier for Maint-Repair of 4 Units and 3 Homes PALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE THE USE OF HD SUPPLY FACILITIES MAINTENANCE FOR REPAIR AND/OR RENOVATION OF 4 APARTMENT UNITS AND 3 HOMES OWNED BY THE PALM DESERT HOUSING AUTHORITY IN AN AMOUNT NOT TO EXCEED $247,337.00 SUBMITTED BY: Janet M. Moore, Director of Housing DATE: September 25, 2014 CONTENTS: Draft Agreement (includes a summary of renovations by location) Summary of Costs for Renovation by Location HD Facilities Maintenance Letter confirming pricing Recommendation By Minute Motion, that the Authority Board, 1. Authorize the use of HD Supply Facilities Maintenance for the repair and/or renovation of 4 apartment units and 3 homes owned by the Palm Desert Housing Authority utilizing the US Communities Govemment Purchasing Alliance contract and rates, in a total amount not to exceed $247,337.00 (includes: proposed work estimated to be $216,508; permits estimated to be �8,344 and contingency of$22,485); and 2. Approve the draft agreement substantially as to form and authorize the Authority counsel to finalize; and 3. Authorize the Palm Desert Housing Authority's Executive Director or his designee to finalize any documents necessary to effectuate the action taken herewith. Monies have been included in the FY 2014/2015 proposed Palm Desert Housing Authority's budget, in the appropriate Authority replacement reserve and/or rehabilitation accounts. Housin� Commission Recommendation The Housing Commission reviewed this item at its regular meeting of September 10, 2014 and recommended approval. Executive Summary By authorizing the use of HD Supply Facilities Maintenance ("HD") for renovations of 4 apartment units (2 at Las Serenas and 2 at Desert Pointe) and 3 homes (2 in Desert STAFF REPORT FY 2014-2015 PDHA - HD Renovations September 25, 2014 Page 2 Rose and 1 in Falcon Crest) owned by the Palm Desert Housing Authority ("Authority"), the Authority will be able to re-lease the apartment units and re-sell the homes quickly. HD is part of the US Communities Government Purchasing Alliance and has provided proposals for these repairs and renovations based on the govemment contracted rates and prevailing wages. The repairs and renovations include such items as replacement of cabinets, countertops, kitchen and bathroom fixtures, sinks, toilets, bathtubs and/or showers, appliances, interior and exterior doors, closet doors, windows, screens, painting, drywall and miscellaneous repairs needed to turn each unit and/or home. Background When the redevelopment agency was eliminated there were several units within the former Agency's owned residential rental units in need of varying levels of repair and renovation. Because the Agency/Authority could not enter into new contracts, the units remained `downed' for several years. In addition, the Agency/Authority purchased several homes within the Desert Rose and Falcon Crest communities and although some were in need of renovations at the time of acquisition, some further renovations are now necessary after the homes have been vacant for so long due to the vacancy itself as well as vandalism. Understanding that the renovations are subject to prevailing wage, staff, in an effort to complete the renovations quickly while still attempting to keep costs down, requested proposals from HD under their govemment contract with US Communities Government Purchasing Alliance. HD is required to submit these proposals based on the government contracted pricing at prevailing wage rates. HD has a location in Palm Desert and has done work for the Authority on a smaller scale and has performed satisfactorily. U.S. Communities 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. U.S. Communities 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. Earlier this year, the Authority elected to participate with U.S. Communities for such things as paints, building materials, plumbing, hardware, janitorial, hand held general purpose tools and any other miscellaneous maintenance, repair and operating supplies. G:WOUSING1Patly LeonUMMlstaff reportUlOUSING AUTHORITY12014 PDHA HD-Supply Renovations S1aR Rpt&25-14.doc STAFF REPORT FY 2014-2015 PDHA - HD Renovations September 25, 2014 Page 3 By authorizing the use of HD for these renovations, we will be able to bring the apartment units and homes back on-line and eliminate the month to month maintenance costs and loss of r�venue by re-leasing the �p�rtment units and re-selling the homes. There is an existing waitlist both for the apartments and for homes in Desert Rose and Falcon Crest. Staff recommends approval of this request to facilitate the renovations so that the apartments can be re-leased and the homes can be sold quickly. Fiscal Analvsis Approval of staff's recommendation will result in a cost to the Authority in the amount of the renovations, an increase in revenue once the apartment units are rented and a reduction in monthly maintenance costs once the homes are resold. Submitted by: F' ce Department: �-.- ; Ja t M. Moore, Director of Housing Paul ibson, Director of Finance ApprovaL• r �'�� :� � ';��C���Y h3C3i��G AUTN "�—�� � s �l���i'�'/t�i' C?itii��1�`7 -.� .�� John . Wohlmuth, Executive Director ���`���� ��,.6 a .����� - ' �rigin�! �n �oP� �rE6F� ��s� ., �;rr:'� �s���t�� �'/���,�r,�,�;i�'��',/ � G:IHOUSING1Patty LeonllMMlsfaff reportlHOUSING AUTHORITY12014 PDHA HD-Supply Renovations Sfaff Rpt 9-25-14.doc PALM DESERT HOUSING AUTHORITY AGREEMENT THIS AGREEMENT is made and entered into in the City of Palm Desert on this day of , 2014, by and between THE PALM DESERT HOUSING AUTHORITY, a public agency, hereinafter referred to as "AUTHORITY," and HD SUPPLY FACILITIES MAINTENANCE, a US Communities Government Purchasing Alliance Contractor, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, the AUTHORITY has requested from CONTRACTOR, under the US Communities Government Purchasing Alliance Contract, proposals to Renovate four (4) apartment units (at varying locations) and 3 homes within the developments of Falcon Crest and Desert Rose (the "Work") at the locations and per the specifications and scope of services as summarized in Exhibit "A", (all exhibits are attached hereto and made a part hereof) (the "Project") and such Work is considered necessary. WHEREAS, pursuant to said request, CONTRACTOR submitted a proposal, which was accepted by AUTHORITY for said services, NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained, the parties hereto agree as follows: (1) TERM. The term of this Agreement shall be for the time it takes to complete the Work or 120 days whichever occurs first ("Contract Time"), unless a later date is agreed to in writing between pa�ties. (2) INCORPORATED BY REFERENCE. This Agreement includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: a) General Specifications, Exhibit "A" b) Contractor's Proposals, Exhibit "B" c) Worker's Compensation Certification, Exhibit "C" d) Payment Bond, Exhibit "D" e) Pertormance Bond, Exhibit "E" (3) PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES. 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 an exhibit or may be provided 9291648v2 Page 1 of 26 separately in writing to the 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 Agreement, it is understood, acknowledged and agreed that the AUTHORITY will suffer damage. Pursuant to Government Code Section 53069.85, CONTRACTOR shall pay to the AUTHORITY as fixed and liquidated damages the sum of $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 Agreement. (4) AUTHORITY'S OBLIGATIONS AND AMOUNT OF COMPENSATION. For furnishing services, as specified in this Agreement, AUTHORITY will pay and CONTRACTOR shall receive the Total Contract Price Not-to-Exceed Two Hundred Forty Seven Thousand Three Hundred Thirty Seven Dollars ($247,337.00) ("Total Contract Price") provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Agreement or written change orders approved and signed in advance by the AUTHORITY. AUTHORITY agrees to engage and does hereby engage CONTRACTOR as an independent contractor to fumish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. (5� CONTRACTOR'S OBLIGATIONS. For, and in consideration of, the payments and agreements hereinbefore mentioned to be made and performed by AUTHORITY, CONTRACTOR agrees with AUTHORITY to fumish the services and to do everything required by this Agreement, its Exhibits and the CONTRACTOR'S Proposals submitted and attached hereto as Exhibit "B". Prior to the commencement of Work, CONTRACTOR must supply an exact list of work to be done and materials to be used for approval prior to commencing work. All approvals for Work must be in writing and signed by both parties prior to commencement of Work. CONTRACTOR agrees and must guarantee that materials included in its proposal are new and of first quality and durability or as specified and approved in Exhibits "A" and "B". CONTRACTOR agrees that all Work will be done in a workmanlike and professional manner. CONTRACTOR understands that the work is being completed within occupied residential communities and will comply with all General Specifications identified in this Agreement and Exhibit "A". a) Chans�e 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. b) Inspection Of Site. As part of any proposal submitted, CONTRACTOR has visited sites ("Sites") identified in Exhibit "A", and become acquainted with all conditions affecting the Work. In submitting a proposal, the CONTRACTOR warrants that it has made such Sites examinations as it deems necessary to determine the PDHA Agreement to Renovate various apts and homes Page 2 of 26 condition of the 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. By submitting a proposal, CONTRACTOR acknowledges that Sites are occupied residential communities and that Work will be completed in a manner that ensures minimal resident impact. By submitting a proposal, CONTRACTOR ensures its proposal is based on the terms and conditions as provided in the Agreement and in the General Specifications. c) Standard of Performance; Performance of Emplovees. CONTRACTOR shall perform all Work under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perForm the Work. CONTRACTOR warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, CONTRACTOR represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, 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 the 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 the CONTRACTOR and shall not be re-employed on the Work. d) Control and Pavment 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 govemed by this Agreement 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 Agreement and as required by law. CONTRACTOR shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. e) Sublettin� And Subcontractin�. CONTRACTOR will abide by the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contracting Code), if applicable, and list in their proposal the name and location of place of business of each sub-contractor who will perform work or labor or render services in or about the construction of the work or improvement or a sub-contractor who will specifically fabricate and install a portion of the work or improvement according PDHA Agreement to Renovate various apts and homes Page 3 of 26 to the General Specifications in excess of one half of one percent (0.5%) of the prime CONTRACTOR'S total proposal. Failure to list a sub-contractor for any portion of the work under the guidelines above implies that CONTRACTOR'S own forces will do that portion of the work. All sub-contractors are subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works provision of Prevailing Wages as described in Section 19, Wage Rates herein and will be required to provide a statement indicating same. f) Anti-Trust Claims. This provision shall be operative if this Agreement is applicable to California Public Contract Code Section 7103.5. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, CONTRACTOR or Sub-contractor 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, or Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the AUTHORITY tenders final payment to CONTRACTOR, without further acknowledgment by the parties g) Safetv Pro�ram. Upon request by AUTHORITY, CONTRACTOR shall fumish AUTHORITY with a copy of its California OSHA required Injury and Illness Prevention Plan, or written description of its exemption, before proceeding with any Work under this agreement. h) Compliance With California OSHA. CONTRACTOR shall ensure that all work performed under this Agreement is in compliance with the California OSHA standards and regulations. Any delays in project completion, fines, legal fees, consulting costs or other losses stemming from Califomia OSHA actions against the CONTRACTOR for work perFormed under this Agreement are the sole responsibility of Contactor. i) Permits and Fees. CONTRACTOR is required to obtain and pay for any and all permits required by the Work. j) Protection Of The Public. CONTRACTOR shall take all necessary precautions to protect the residents, public, especially children, from the hazards of any Work performed. CONTRACTOR shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the residents and public from danger or damage, or loss of life or property. Whenever, in the opinion of AUTHORITY, an emergency exists where CONTRACTOR has not taken sufficient precaution for the safety of the residents and public or the protection of utilities or of adjacent structures or property, or if immediate action shall be PDHA Agreement to Renovate various apts and homes Page 4 of 26 considered necessary in order to protect public or private personnel or property interest, or to prevent likely loss of human life or damage on account of the operations under the Agreement, then and in that event, AUTHORITY may provide suitable protection to said interest by causing such work to be performed and material to be furnished as, in the opinion of AUTHORITY, may seem reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by CONTRACTOR. If the CONTRACTOR shall not pay said cost and expense upon presentation of the bills therefore duly certified by the AUTHORITY, then said cost and expense will be paid by AUTHORITY and shall thereafter be deducted from any amounts due, or which may become due, said CONTRACTOR. Failure of CONTRACTOR to take such precautionary measure shall not relieve CONTRACTOR of his full responsibility for public safety. Materials, equipment, and debris shall be stored so as to not create a public nuisance. No materials or equipment, nor debris shall be stored at the project site without prior written authorization. CONTRACTOR shall design, construct and maintain all safety devices, equipment and vehicles in conformance with all local, state and federal safety and health standards, laws and regulations. k) Protection And Restoration Of Existin� Facilities. This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way, the Sites and other impacted areas. Types of existing improvements and services consist of but are not limited to the following: existing roads, sidewalks, resident pathways, landscaping, irrigation, signs, and associated structures; private property; water appurtenances; light poles; carports; walls, windows, fences and gates. Damage to facilities caused by CONTRACTOR'S operations shall be repaired or replaced by and at the expense of CONTRACTOR by the appropriate licensed individual. If existing sidewalk or curb is damaged, entire panels shall be removed and replaced; no new joints will be allowed. CONTRACTOR shall take all precautions to protect all existing improvements. Existing private properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired by CONTRACTOR at CONTRACTOR'S expense and to the satisfaction of the property owner within twenty-four(24) hours of report of the damage. CONTRACTOR shall keep sidewalks, resident pathways, parking areas, streets, alleys, driveways, and walkways within the work area clean at all times. Any cleanup PDHA Agreement to Renovate various apts and homes Page 5 of 26 performed by AUTHORITY or its agents due to poor cleaning practices shall be charged to CONTRACTOR at overtime rates. CONTRACTOR shall remove from public and private properties at its own expense all rubbish and waste materials resulting from its operations; including any material that may fall in swimming pools, lagoons, or other water features. If on private property, CONTRACTOR must obtain permission from 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. Pedestrian paths of travel in areas where contract work is being performed must be maintained free of hazardous conditions. When contract 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. All existing surfaces, whether asphaltic or concrete, Portland cement concrete, permanent fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall, after performance of the work contracted herein, be restored to a condition equal to that which existed prior to commencement of the work. All restoration shall be in-kind unless otherwise directed by the AUTHORITY or AUTHORITY'S agent. All removal, maintenance, and replacement of existing landscape shall be performed by a licensed C27 Landscaping CONTRACTOR. I) Vehicles On Sidewalks And Turf. No vehicles shall drive on sidewalks or turf without prior AUTHORITY approval. m) Refuse Disposal. All refuse collected shall be removed and taken to a sanitary landfill at CONTRACTOR'S expense. Disposal of debris shall not be allowed in any AUTHORITY trash can, bin or other AUTHORITY facility (i.e., property dumpsters), or in any park refuse container unless other arrangements have been authorized by AUTHORITY. n) Hours Of Work. Unless otherwise approved by AUTHORITY, CONTRACTOR shall not work outside the hours of operation established under the Palm Desert Municipal Code: http://www.citvofpalmdesert.orq/Index.aspx?paqe=230 CONTRACTOR mav ONLY use or operate any motorized equipment or other noise sources devices at all Sites after 8:00 AM. Work is not permitted on Sundays and during City holidays. Failure to observe these work hours may result in a citation being issued to the offenders by the police department. (Emergency work directed by Authority is not held to these restrictions.) 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 PDHA Agreement to Renovate various apts and homes Page 6 of 26 payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker. o) Labor Actions. CONTRACTOR shall notify AUTHORITY if the CONTRACTOR is experiencing a labor action at the time of the award of the contract (or if its suppliers or sub-contractors are experiencing such a labor action). AUTHORITY reserves the right to terminate the Agreement. p) CONTRACTOR Identification. CONTRACTOR shall insure that all working personnel are identified by a work uniform that, at a minimum, consists of a shirt that identifies the company. All work vehicles used to perform work under this Agreement shall also be identified, at a minimum, with the company name adequately displayed on the vehicles. (6j HOLD HARMLESS AND INDEMNIFICATION OF AUTHORITY. To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the AUTHORITY and the City of Palm Desert (the "City"), their employees, agents, volunteers and officials, from any liability, claims, demands, damage, injury, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by the AUTHORITY or City, court costs, interest, defense costs (including expert witness fees), and any other costs or expenses of any kind whatsoever incurred in relation to, as a consequence of, or arising out of any acts omissions or willful misconduct of CONTRACTOR, its officials, officers, employees, agents, consultants and contractors arising out of or in any way attributable in whole or in part to the performance of this Agreement, CONTRACTOR shall defend, at CONTRACTOR'S own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the AUTHORITY, its directors, officials, officers, employees, agents or volunteers. CONTRACTOR shall pay and satisfy any judgment, award or decree that may be rendered against AUTHORITY or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. CONTRACTOR shall reimburse AUTHORITY and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782. Without affecting the rights of the AUTHORITY or City under any provision of this Agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless the AUTHORITY or City as set forth above, for liability attributable to the sole fault of the AUTHORITY or City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the AUTHORITY or City is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AUTHORITY'S or City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all- PDHA Agreement to Renovate various apts and homes Page 7 of 26 inclusive and AUTHORITY or City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the AUTHORITY or City. CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to the AUTHORITY or City, if that liability is less than the Sole fault of the AUTHORITY or City. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-contractor, sub-tier contractor, or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others, CONTRACTOR agrees to be fully responsible according to the terms of this section. Failure of the AUTHORITY to monitor compliance with these requirements imposes no additional obligations on the AUTHORITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the AUTHORITY and City as set forth herein is binding on the successors, assigns, or heir of CONTRACTOR and shall survive the termination of this Agreement or this section. (7) INSURANCE. CONTRACTOR shall not commence work under this Agreement until it has provided evidence satisfactory to the AUTHORITY that it has secured all insurance required under this section. In addition, CONTRACTOR shall not allow any sub-contractor to commence work on any subcontract until it has provided evidence satisfactory to the AUTHORITY that the sub-contractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the AUTHORITY to terminate this Contract for cause. Without limiting CONTRACTOR'S indemnification of AUTHORITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to AUTHORITY. If any of the required insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. The required insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AUTHORITY, its elected officials, officers, employees, agents, and volunteers. a) General Liabilitv 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, including without limitation, blanket contractual liability, and a $4,000,000 completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. PDHA Agreement to Renovate various apts and homes Page 8 of 26 b) Automobile Liabilitv Insurance: CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. c) Umbrella or Excess Liabilitv Insurance: CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. d) Workers' Compensation Insurance: CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000 per person per accident) 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 sub- contractor's employees. CONTRACTOR shall submit to AUTHORITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the AUTHORITY, its officers, agents, employees and volunteers. Other provisions or requirements e) Insurance for Sub-contractors: All sub-contractors shall be included as additional insureds under the CONTRACTOR'S policies, or the CONTRACTOR shall be responsible for causing sub-contractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the AUTHORITY as an Additional Insured to the sub-contractors policies. CONTRACTOR shall provide to AUTHORITY satisfactory evidence as required under the Insurance Section of this Agreement. If any subcontractor's coverage does not comply with the foregoing provisions, CONTRACTOR shall indemnify and hold the AUTHORITY PDHA Agreement to Renovate various apts and homes Page 9 of 26 harmless from any damage, loss, cost, or expense, including attorneys' fees, incurred by the AUTHORITY as a result thereof. fl 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 endorsement must be approved by City's Risk Manager prior to commencement of performance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. Current certification of insurance shall be kept on file with AUTHORITY at all times during the term of this Agreement. AUTHORITY reserves the right to require complete, certified copies of all required insurance policies, at any time. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the AUTHORITY. If such coverage is cancelled or reduced, CONTRACTOR shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the AUTHORITY evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. g) Duration of Coveraqe: CONTRACTOR shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or sub- contractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. AUTHORITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies. h) AUTHORITY'S Riqhts of Enforcement: In the event any policy of insurance required under this Agreement 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 Agreement. i) Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of Califomia, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. j) Waiver of Subro�ation: All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against PDHA Agreement to Renovate various apts and homes Page 10 of 26 AUTHORITY, and their elected or appointed officers, agents, officials, employees and volunteers, 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 AUTHORITY, and shall require similar written express waivers and insurance clauses from each of its sub-contractors. k) Compliance With Reportins� Provisions: Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the AUTHORITY, its directors, officials, officers, employees, agents and volunteers. I) Enforcement of Contract Provisions (Non Estoapell: 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. m) Primary and Non-Contributins� Insurance: All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. n) Requirements Not Limitins�: 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. o) Notice of Cancellation: CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to AUTHORITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. p) Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide or be endorsed to provide that the AUTHORITY and its officers, officials, employees, and agents shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement, under such policies. This provision shall also apply to any excess liability policies. The "Additional Insured Endorsement" shall be on a form similar to Insurance Services Office's Endorsement Form CG 2010 and contain no other modifications to the policy. q) AUTHORITY'S Ris�ht to Revise Requirements: The AUTHORITY reserves the right at any time during the term of the Agreement to change the amounts PDHA Agreement to Renovate various apts and homes Page 11 of 26 and types of insurance required by giving the CONTRACTOR a ninety (90)-day 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. r) Self-Insured Retentions: Any self-insured retentions must be declared to and approved by AUTHORITY in writing. 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. s) Separation of Insureds: No Special Limitations: All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the AUTHORITY, its directors, officials, officers, employees, agents and volunteers. t) Timelv 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 Agreement, and that involve or may involve coverage under any of the required liability policies. u) Safety: CONTRACTOR shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Work, the CONTRACTOR shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and sub- contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. v) 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. w) Failure to Maintain Covera�e: CONTRACTOR agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been fumished to the AUTHORITY. The AUTHORITY shall have the right to withhold any payment due CONTRACTOR until CONTRACTOR has fully complied with the insurance provisions of this Agreement. In the event that the CONTRACTOR'S operations are suspended for PDHA Agreement to Renovate various apts and homes Page 12 of 26 failure to maintain required insurance coverage, the CONTRACTOR shall not be entitled to an extension of time for completion of Work because of production lost during suspension. (6) BOND REQUIREMENTS a) Pavment Bond. If the Total Contract Price exceeds $25,000, or otherwise specifically requested by AUTHORITY in Exhibit "D", CONTRACTOR shall execute and provide to AUTHORITY concurrently with this Agreement a Payment Bond equal to one hundred percent (100%) of the amount payable under the Agreement 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. b) Performance Bond. If specifically requested by AUTHORITY in Exhibit "E", CONTRACTOR shall execute and provide to AUTHORITY concurrently with this Agreement 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. c) Bond Provisions. Should, in AUTHORITY'S sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, CONTRACTOR shall renew or replace the affected bond within ten (10) days of receiving notice from AUTHORITY. In the event the surety or CONTRACTOR intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the AUTHORITY, and CONTRACTOR shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the AUTHORITY. To the extent, if any, that the Total Contract Price is increased in accordance with the Agreement, the 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. To the e�ent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the Total Contract Price, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the CONTRACTOR, will release the surety. If the CONTRACTOR fails to fumish any required bond, the AUTHORITY may terminate the Agreement for cause. d) Suretv Qualifications. Only bonds executed by an admitted surety insurer, as defined in Califomia Code of Civil Procedure Section 995.120, shall be accepted. (9) WARRANTY. CONTRACTOR warrants all Work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to PDHA Agreement to Renovate various apts and homes Page 13 of 26 be of good quality and free from any defective or faulty material and workmanship. CONTRACTOR agrees that for a period of one (1) year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, CONTRACTOR shall within ten (10) days after being notified in writing by the AUTHORITY of any defect in the Work or non-conformance of the Work to the Agreement, 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 (1) year period, commencing with the date of acceptance of such corrected Work. CONTRACTOR shall perform such tests as the AUTHORITY may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the CONTRACTOR. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by CONTRACTOR for the benefit of the AUTHORITY, regardless of whether or not such warranties and guarantees have been transferred or assigned to the AUTHORITY by separate agreement and CONTRACTOR agrees to enforce such warranties and guarantees, if necessary, on behalf of the AUTHORITY. In the event that CONTRACTOR fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the AUTHORITY, the AUTHORITY shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at CONTRACTOR'S sole expense. CONTRACTOR shall be obligated to fully reimburse the AUTHORITY for any expenses incurred hereunder upon demand. (10) AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing, signed by CONTRACTOR and approved by the Executive Director of the AUTHORITY. (11) PERFORMANCE DEFICIENCIES AND REDUCTION IN PAYMENT. AUTHORITY has specific criteria by which to evaluate the performance of CONTRACTOR. If performance by CONTRACTOR is deficient, AUTHORITY reserves the right to subtract a cost from amount due. Since it is difficuft to quantify and assess a value to every aspect of the work, AUTHORITY shall implement a standard $100 cost per incident. The following describes deficiencies: PDHA Agreement to Renovate various apts and homes Page 14 of 26 a) Failure to comply with contract specifications. b) Failure to comply in a timely manner with contractually legitimate requests made by AUTHORITY. c) Failure to provide specified reports or falsification of reports. d) Failure to supply adequate equipment, labor or supervision. e) Failure to repair deficiencies in the allotted time frame. f) Failure to comply with schedules. g) Failure to protect public health and safety. h) Failure to provide CONTRACTOR identification on vehicles or employees. In the event CONTRACTOR fails to perform contractual obligations to the satisfaction of AUTHORITY, AUTHORITY may choose to obtain the services of a separate provider to fulfill CONTRACTOR'S obligations, and any and all associated charges shall be the responsibifity of CONTRACTOR. (12) NOTICE OF THIRD-PARTY CLAIMS. Pursuant to Public Contract Code Section 9201, AUTHORITY shall provide the CONTRACTOR with timely notification of the receipt of any third-party claim, relating to the Agreement. The AUTHORITY is entitled to recover its reasonable costs incurred in providing such notification. (13) TERMINATION. If, during the term of this Agreement, AUTHORITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, AUTHORITY may notify CONTRACTOR in writing of such defect or failure to perform; which notice must give CONTRACTOR a three-day period of time thereafter in which to perform said work or cure the deficiency. If CONTRACTOR fails to perform said work or cure the deficiency within the three (3) days specified in the notice, such shall constitute a breach of this Agreement and AUTHORITY may terminate this Agreement immediately by written notice to CONTRACTOR to said effect. Thereafter, except as otherwise set forth herein, neither party shall have any further duties, obligations, responsibilities, or rights under this Agreement except, however, any and all obligation of CONTRACTOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, CONTRACTOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received AUTHORITY'S Notice of Termination, minus any offset from such payment representing the AUTHORITY'S damages from such breach. AUTHORITY reserves the right to delay any such payment until completion of confirmed abandonment of the project, as may be determined in the AUTHORITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the compensation quoted in its bid. The AUTHORITY at its discretion may at any time during the term of this Agreement remove a property from being renovated with 30 days written notice to the CONTRACTOR. The AUTHORITY, in the exercise of its sole and absolution discretion, may terminate this Agreement with 30 days written notice for any reason or no reason whatsoever. In PDHA Agreement to Renovate various apts and homes Page 15 of 26 the event of termination by AUTHORITY for any reason other than the fault of CONTRACTOR, AUTHORITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. Further, if this Agreement is terminated as provided, 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 Agreement. (14) 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 Agreement 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 Work. If the 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 the CONTRACTOR performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the AUTHORITY, the CONTRACTOR shall be solely responsible for all costs arising therefrom. CONTRACTOR shall defend, indemnify and hold AUTHORITY, its o�cials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. (15) TRENCHING WORK. If the Work governed by this Agreement 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. (16) HAZARDOUS MATERIALS AND DIFFERING CONDITIONS. As required by California Public Contract Code Section 7104, if this Agreement 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 Agreement, but shall retain all rights provided by the Agreement or by law for making protests and resolving the dispute. PDHA Agreement to Renovate various apts and homes Page 16 of 26 (17) 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. (18) APPRENTICEABLE CRAFTS. When C�NTRACTOR 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. (19) WAGE RATES. CONTRACTOR is aware of the requirements of California Labor Code Sections 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 certain "public works" and "maintenance" projects. Since the Work being performed is part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws. When applicable, pursuant with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2 and any other regulations that apply to this Agreement, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. AUTHORITY shall provide CONTRACTOR with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. CONTRACTOR shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the CONTRACTOR'S principal place of business and at the Project site. CONTRACTOR shall defend, indemnify and hold the AUTHORITY, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR shall promptly notify the AUTHORITY, in writing, about all the classifications of labor not listed in the prevailing wage determinations of the Director of Industrial Relations and necessary for the performance of the work hereunder. (20) PAYROLL RECORDS. In accordance with the requirements of California Labor Code Section 1776, CONTRACTOR shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which PDHA Agreement to Renovate various apts and homes Page 17 of 26 contain the same information required by such forms. Responsibility for compliance with Califomia Labor Code Section 1776 shall rest solely with CONTRACTOR, and CONTRACTOR shall make all such records available for inspection at all reasonable hours. (21) CONTRACTOR'S LABOR CERTIFICATION. By its signature hereunder, CONTRACTOR certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for 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 Agreement as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Agreement. (22) 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 govemed by this Agreement prior to final payment by AUTHORITY. (23) INELIGIBLE CONTRACTOR. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. (24) EXTRA WORK AND EMERGENCY SERVICE. CONTRACTOR may notify AUTHORITY of the need for extra work and/or AUTHORITY may request extra work. CONTRACTOR shall not perform extra work without AUTHORITY authorization. Authorization shall be in writing, on a completed Extra Work form, and signed by an authorized AUTHORITY representative before beginning extra work. The Extra Work Form and invoicing for extra work shall include an itemized description of the labor hours at the contract rate, materials costs, and copies of materials invoices from the supplier(s). CONTRACTOR shall provide twenty-four- (24) hour emergency service, with prompt correction of mitigation of emergency damage, when notified of an occurrence. An emergency that is causing a hazard to the public or property must be responded to within one-half ('/2) hour. Failure to do so may result in monetary deductions from the amount due. Response to emergency service shall be paid at the contract rate for additional work. Work should be limited to the level required to mitigate an emergency and further repairs shall be completed during normal working hours. Extra work will be a separate item from normal contractual duties. CONTRACTOR is expected to complete the contractual duties as specified on the work schedule as submitted and extra work shall not interfere with or delay these duties. PDHA Agreement to Renovate various apts and homes Page 18 of 26 (25) REVIEW OF CONTRACT DOCUMENTS. CONTRACTOR shall carefully study and compare the contract documents with each other and with information available to CONTRACTOR and furnished by AUTHORITY and shall immediately notify the AUTHORITY or its agent of errors, inconsistencies and/or omissions discovered. If CONTRACTOR performs any activity knowing it involves a recognized error, inconsistency or omission in the contract documents without notice to AUTHORITY, CONTRACTOR shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. 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 Agreement documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the AUTHORITY immediately. (26) LOSS AND DAMAGE. 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. However, CONTRACTOR shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the California Government Code, only to the extent of five percent (5%) of the Total Contract Price as specified herein. In the event of damage proximately caused by "Acts of God," the AUTHORITY may terminate this Agreement upon three (3) calendar days advanced written notice. (27) ENCROACHMENT PERMIT. Before commencing work that occurs within the public right-of-way, CONTRACTOR shall apply for and receive a permit to work within the public right-of-way. A City inspector will be assigned to monitor compliance with the terms and conditions of the encroachment permit, including traffic control procedures and devices. (28) BUSINESS TAX. The City's Business Tax Ordinance requires that a Business License be obtained before any business or trade is conducted within the City, and CONTRACTOR must obtain a Business License before commencing Work. (29) LICENSE AND CERTIFICATION REQUIREMENTS. CONTRACTOR shall possess all permits and licenses required to comply with city, county, state or federal laws for the work activities performed, including the use of chemicals. CONTRACTOR assumes responsibility and liability for use of all chemical controls and shall at all times perform chemical applications in accordance with govemmental regulations and industry standards for their safe and appropriate use. PDHA Agreement to Renovate various apts and homes Page 19 of 26 (30) MEASUREMENT AND PAYMENT. The cost of all labor, material and equipment necessary to complete the work, shall be included in the price of the Agreement. (31) PAYMENT TERMS. CONTRACTOR shall be paid monthly, in arrears, for the work specified and performed satisfactorily under this Agreement. AUTHORITY'S payment terms are thirty (30) days from the receipt of an original invoice, revised reports and acceptance of materials, supplies, or services (Net 30) less five percent (5%) retention. Upon satisfactory completion of Work, retention shall be released in accordance with state law but not less than 30 days after any Notice of Completion is filed. 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 Agreement. (32) OTHER RETENTIONS. In addition to Agreement 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 Agreement 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 scheduled completion date; (6) unsatisfactory prosecution of the Work by CONTRACTOR; (7) unauthorized deviations from the Agreement; (8) failure of the CONTRACTOR to maintain or submit on a timely basis proper and sufficient documentation as required by the Agreement or by AUTHORITY during the prosecution of the Work; (9) erroneous or false estimates by the CONTRACTOR of the value of the Work pertormed; (10) any sums representing expenses, losses, or damages as determined by the AUTHORITY, incurred by the AUTHORITY for which CONTRACTOR is liable under the Agreement; and (11) any other sums which the AUTHORITY is entitled to recover from CONTRACTOR under the terms of the Agreement or pursuant to state law, including Section 1727 of the Califomia Labor Code. The failure by the AUTHORITY to deduct any of these sums from a progress payment shall not constitute a waiver of the AUTHORtTY'S right to such sums. (33) 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 Agreement. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the AUTHORITY, or with a state or federally chartered bank in Califomia as the escrow agent, and thereafter the AUTHORITY shall then pay such monies to the CONTRACTOR as they come due. Upon satisfactory completion of the Agreement, the securities shall be retumed to the 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 PDHA Agreement to Renovate various apts and homes Page 20 of 26 AUTHORITY has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Agreement. The 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. (34) 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 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to CONTRACTOR pursuant to this Agreement. (35) 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 Agreement. 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 Agreement, and shall not relieve CONTRACTOR of responsibility for any loss of or damage to items. (36) CONTRACT INTERPRETATION. Should any question arise regarding the meaning or import of any of the provisions of this Agreement or written or oral instructions from AUTHORITY, the matter shall be referred to AUTHORITY'S Representative, whose decision shall be binding upon CONTRACTOR. (37) INSPECTION OF THE WORK. Inspection of the Work will be made based on the submitted and approved work schedule. Inspections may occur with or without prior notice to CONTRACTOR. Any deviations from the approved work schedule without approval shall be considered a performance deficiency of the CONTRACTOR and fees may apply. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by AUTHORITY. When the 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 Agreement. 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 PDHA Agreement to Renovate various apts and homes Page 21 of 26 to CONTRACTOR the Total Contract Price remaining to be paid, less any amount which AUTHORITY may be authorized or directed by law to retain. Payment of retention proceeds due to CONTRACTOR shall be made in accordance with Section 7107 of the California Public Contract Code. (38) AUTHORITY'S Representative. The AUTHORITY hereby designates Janet Moore, or his or her designee, to act as its representative for the performance of this Agreement ("AUTHORITY'S Representative"). AUTHORITY'S Representative shall have the power to act on behalf of the AUTHORITY for all purposes under this Agreement. CONTRACTOR shall not accept direction or orders from any person other than the AUTHORITY'S Representative or his or her designee. (39) 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, the CONTRACTOR'S Representative shall have full authority to represent and act on behalf of the CONTRACTOR for all purposes under this Agreement. The CONTRACTOR'S Representative shall supervise and direct the 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 Agreement. CONTRACTOR'S Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the AUTHORITY, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of CONTRACTOR is present at the Work site. Arrangements for responsible supervision, acceptable to the AUTHORITY, shall be made for emergency Work which may be required. Should CONTRACTOR desire to change its CONTRACTOR'S Representative, CONTRACTOR shall provide the information specified above and obtain the AUTHORITY'S written approval. (40) CONTRACT ASSIGNMENT. CONTRACTOR shall not assign, transfer, convey or otherwise dispose of the Agreement, or its right, title or interest, or its power to execute such an Agreement to any individual or business entity or any kind without the previous written consent of the Palm Desert Housing Authority. (41) CONTROLLING EMPLOYER. The CONTRACTOR shall acknowledge that for the purposes of maintaining compliance with all Califomia OSHA regulations and Standards they are the "controlling employe�' for all the contracted worlc sites. (42) CLAIMS; DISPUTE RESOLUTION. a) Claims of $375.000 or Less. Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in California Public Contract Code sections 20104, et seq. PDHA Agreement to Renovate various apts and homes Page 22 of 26 b) Government Claims Act. In addition to any and all contract requirements pertaining to claims, CONTRACTOR must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the AUTHORITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to claims have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the AUTHORITY. (43) PROHIBITED INTERESTS.. a) 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 Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, AUTHORITY shall have the right to terminate this Agreement without liability. b) Conflict of Interest. In addition, AUTHORITY agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Work. (44) COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by this reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. (45) ANTI-DISCRIMINATION. In the performance of the terms of this Agreement, CONTRACTOR agrees that it will not engage in, nor permit such sub- contractors as it may employ, to engage in discrimination in employment of any person because of the age, race, color, sex, national origin or ancestry, or religion of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735. (46) AUDIT. AUTHORITY shall have the option of inspecting and/or auditing all records and other written material used by CONTRACTOR in preparing its statements to AUTHORITY as a condition precedent to any payment to CONTRACTOR. (47) LITIGATION COSTS. In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party shall be PDHA Agreement to Renovate various apts and homes Page 23 of 26 entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the court. (48) GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. (49) COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall constitute an original. (50) 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 Agreement. (51) CERTIFICATION OF LICENSE. CONTRACTOR certifies that as of the date of execution of this Agreement, CONTRACTOR has a current California contractor's license of Class 6 for a General Building Contractor with License Number 932802. (52) STATE LICENSE BOARD NOTICE. 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 conceming a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. (53) WAIVER. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. (55) CONSTRUCTION: REFERENCES: CAPTIONS. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to CONTRACTOR include all personnel, employees, agents, and subcontractors of CONTRACTOR, except as otherwise specified in this Agreement. All references to AUTHORITY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. (56) SEVERABILITY. If any term, provision or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the PDHA Agreement to Renovate various apts and homes Page 24 of 26 remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. (57) NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail, retum receipt requested, addressed as follows: If to AUTHORITY: If to CONTRACTOR: PALM DESERT HOUSING AUTHORITY HD Supply Facilities Maintenance Director of Housing [INSERT ADDRESS] 73-510 Fred Waring Drive Palm Desert, CA 92260 Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. Both AUTHORITY and CONTRACTOR do warrant that each individual executing this Agreement on behalf of each party is a person duly authorized. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first hereinabove written. PALM DESERT HOUSING AUTHORITY HD SUPPLY FACILITIES MAINT A Public Agency CONTRACTOR VAN G. TANNER, CHAIRMAN ATTEST: RACHELLE D. KLASSEN, SECRETARY G:WOUSING�Patty leonUMAA�staH reportW WSING AU7HORIlW�greement with HD Supply 915141PDHA contract for HD Supply tor apts and homes 9-25-14 rev bbk.tloc PDHA Agreement to Renovate various apts and homes Page 25 of 26 State of California ) ) SS. County of ) On , 2014 before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature State of Califomia ) ) SS. County of ) On , 2014 before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature PDHA Agreement to Renovate various apts and homes Page 26 of 26 EXHIBIT A GENERAL SPECIFICATIONS LOCATION OF SITES FOR WORK 1. Las Serenas Apartments 73315 Country Ciub Drive, Units 205 and 207 2. Desert Pointe Apartments 43805 Monterey Avenue, Units 42 and 19 3. Falcon Crest 42050 Golden Eagle Lane 4. Desert Rose 75333 Kelsey Circle North 5. Desert Rose 43710 Kelsey Court SERVICES TO BE PERFORMED The summary of renovations, services and methods the CONTRACTOR must perform, include the following (final approval is required in writing prior to commencement of work): Las Serenas Aqartments 73315 Country Club Drive Unit#207 One bedroom/den - Remove and recycle kitchen and bathroom cabinets/countertops - Remove and replace hall linen cabinets - Replace kitchen and bathroom cabinets/countertops including moldings, toe kicks, fillers, knobs, medicine cabinets, etc. Timberlake Wyoming Cherry Chocolate cabinets, Jamoca Granite Laminate countertops or similar - Remove and replace kitchen and bathroom fixtures including sinks, faucets, drains, cabinets, tub/shower (including moldings and trim), shower head, grab bars (with backing), towel bars and toilet paper holders, shower rods, mirrors, toilets, medicine cabinet - Remove and install appliances including range, refrigerator, dishwasher and range hood and replace with Authority designated appliance selections - Electrical including installing GFI, switches, receptacles, plates, phone/cable plates, battery operated CO2/smoke detectors, ceiling fan, light fixtures, thermostat, exhaust fan covers and registers - Hardware installation (includes removal of old) privacy/passage levers, dead bolt and handle, entry lever, door stops, doorbell (button and chime), ceiling registers - Remove and install entry pre-hung fiberglass 6 panel door, remove and install interior pre-hung doors, remove and install vinyl wardrobe doors, install baseboard and casing - Remove wall separating kitchen and Living Room and relocate electrical/plumbing patch and texture to match - Remove carpet and vinyl - Remove and replace window blinds - Repair drywall and texture where needed, paint complete interior(paint provided by Authority), paint front door to match existing, miscellaneous framing, repair and replacements to complete authorized work - Removal, demolition, haul away, recycle and disposal fees included Unit#205 One bedroom - Remove and recycle kitchen and bathroom cabinets/countertops Exhibit A Page 1 of 4 - Replace kitchen and bathroom cabinets/countertops including moldings, toe kicks, fillers, knobs, medicine cabinets, etc. Timberlake Wyoming Cherry Chocolate cabinets, Jamoca Granite Laminate countertops or similar - Remove and replace kitchen and bathroom fixtures including sinks, faucets, drains, cabinets, shower head, grab bars (with backing), towel bars and toilet paper holders, shower rods, mirrors, toilets, medicine cabinet - remove and install appliances including range, refrigerator, dishwasher and range hood and replace with Authority designated appliance selections - Electrical including installing GFI, switches, receptacles, plates, phone/cable plates, battery operated CO2/smoke detectors, ceiling fan, light fixtures, thermostat, exhaust fan covers and registers - Hardware installation (includes removal of old) privacy/passage levers, dead bolt and handle, entry lever, door stops, doorbell (button and chime), ceiling registers - Remove and install entry pre-hung fiberglass 6 panel door, remove and install interior pre-hung doors, remove and install vinyl wardrobe doors, install baseboard and casing - Remove wall separating kitchen and Living Room and relocate electrical/plumbing patch and texture to match - Remove carpet and vinyl - Remove and replace window blinds - Repair drywall and texture where needed, paint complete interior(paint provided by Authority), paint front door to match existing, miscellaneous framing, repair and replacements to complete authorized work - Removal, demolition, haul away, recycle and disposal fees included Desert Pointe Apartments 43805 Monterey Avenue Unit#42 One Bedroom - Remove and recycle kitchen and bathroom cabinets/countertops - Replace kitchen and bathroom cabinets/countertops including moldings, toe kicks, fillers, knobs, medicine cabinets, etc. Timberlake Sonoma Maple Cognac cabinets, Jamoca Granite Laminate countertops or similar - Remove and replace kitchen and bathroom fixtures including sinks, faucets, drains, angle stops, supply lines, cabinets, tub/shower(including moldings and trim), shower head, grab bars (with backing), towel bars and toilet paper holders, shower rods, mirrors, toilets, medicine cabinet - Remove and install appliances including A/C with wall sleeves, range, refrigerator, dishwasher and range hood and replace with Authority designated appliance selections - Electrical including rewire of all electrical to a new sub-panel, installing GFI, switches, receptacles, plates, phone/cable plates, hardwired CO2/smoke detectors, ceiling fan, light fixtures, thermostat, exhaust fan, covers and registers - Hardware installation (includes removal of old) privacy/passage levers, dead bolt and handle, entry lever, door stops, doorbell (button and chime), ceiling registers - Replace window screens and blinds - Remove and install interior pre-hung doors, remove and install vinyl wardrobe doors, install baseboard and casing - Replace ceiling and wall insulation, drywall and texture where missing - Paint and prime interior - Replace slider and reframe for A/C placement, stucco repair as needed - Repair drywall and texture where needed, miscellaneous framing, repair and replacements to complete authorized work - Removal, demolition, haul away, recycle and disposal fees included Unit# 19 Studio Exhibit A Page 2 of 4 - Remove and recycle kitchen and bathroom cabinets/countertops - Replace kitchen and bathroom cabinets/countertops including moldings, toe kicks, fillers, knobs, medicine cabinets, etc. Timberlake Sonoma Maple Cognac cabinets, Jamoca Granite Laminate countertops or similar - Remove and replace kitchen and bathroom fixtures including sinks, faucets, drains, angle stops, supply lines, cabinets, tub/shower(including moldings, trim, tile, green board, valve), shower head, grab bars (with backing), towel bars and toilet paper holders, shower rods, mirrors, toilets, medicine cabinet - Remove and install appliances including A/C with wall sleeves, range, refrigerator, dishwasher and range hood and replace with Authority designated appliance selections - Electrical including rewire of all electrical to a new sub-panel, installing GFI, switches, receptacles, plates, phone/cable plates, hardwired CO2/smoke detectors, ceiling fan, light fixtures, thermostat, exhaust fan, covers and registers - Hardware installation (includes removal of old) privacylpassage levers, dead bolt and handle, entry lever, door stops, doorbell (button and chime), ceiling registers - Replace window screens and blinds - Remove and install interior pre-hung doors, remove and install vinyl wardrobe doors, install baseboard and casing - Replace ceiling and wall insulation, drywall and texture - Paint and prime interior - Replace slider and reframe for A/C placement, stucco repair as needed - Repair drywall and texture where needed, miscellaneous framing, repair and replacements to complete authorized work - Removal, demolition, haul away, recycle and disposal fees included Falcon Crest 42050 Golden Eagle Lane - Remove and install range - Electrical including plates, phone/cable plates, hardwired CO2/smoke detectors, light fixtures - Hardware installation (includes removal of old) privacy/passage levers and hinges - Replace patio window screens and blind - Remove and install interior slab doors - Patch baseboard and casings where needed - Prime walls where water damage/stains exist - Paint interior and garage - Repair/replace drywall and texture where needed, miscellaneous framing, repair and replacements to complete authorized work - Final Cleaning - Removal, demolition, haul away, recycle and disposal fees included Desert Rose 75333 Kelsey Circle North - Remove and recycle kitchen, bathroom and laundry cabinets/countertops - Remove Kitchen wall paper - Replace kitchen, bathroom and laundry cabinets/countertops including moldings, toe kicks, fillers, knobs, medicine cabinets, etc. Timberlake Wyoming Cherry Chocolate cabinets, Jamoca Granite Laminate countertops or similar - Build cabinet for water heater with proper venting - Remove and replace kitchen and bathroom fixtures including sinks, faucets, drains, angle stops, supply lines, cabinets, shower heads, grab bars (with backing), towel bars Exhibit A Page 3 of 4 and toilet paper holders, shower rods, toilets, medicine cabinets, re-work laundry plumbing - Remove and install appliances including range, dishwasher and range hood and replace with Authority designated appliance selections - Electrical including installing GFI, switches, receptacles, plates, phone/cable plates, battery operated CO2/smoke detectors, ceiling fan, light fixtures, thermostat, exhaust fan covers and registers - Hardware installation (includes removal of old) privacy/passage levers, dead bolt and handle, entry lever, door stops, doorbell (button and chime), ceiling registers - Remove and install wardrobe doors, install baseboard and casing - Remove and replace flooring - Replace window coverings as needed (slider and windows) - Replace patio slider - Replace screens - Repair drywall and texture where needed, paint complete interior, miscellaneous framing, repair and replacements to complete authorized work - Final cleaning - Removal, demolition, haul away, recycle and disposat fees included Desert Rose 43710 Kelsey Court - Remove and recycle kitchen, bathroom and laundry cabinets/countertops - Remove laundry shelf and chair rail - Replace kitchen, bathroom and laundry cabinets/countertops including moldings, toe kicks, fillers, knobs, medicine cabinets, etc. Timberlake Wyoming Cherry Chocolate cabinets, Jamoca Granite Laminate countertops or similar - Build cabinet for water heater with proper venting - Remove and replace kitchen and bathroom fixtures including sinks, faucets, drains, angle stops, supply lines, cabinets, shower heads, grab bars (with backing), towel bars and toilet paper holders, shower rods, toilets, medicine cabinets, re-work laundry plumbing - Remove and install appliances including range, dishwasher and range hood and replace with Authority designated appliance selections - Electrical including installing GFI, switches, receptacles, plates, phone/cable plates, battery operated CO2/smoke detectors, ceiling fan, light fixtures, thermostat, exhaust fan covers and registers - Hardware installation (includes removal of old) privacy/passage levers, dead bolt and handle, entry lever, door stops, doorbell (button and chime), ceiling registers - Remove and install entry pre-hung door, remove and install wardrobe doors, install baseboard and casing - Remove mirror/TV shelving unit in master bedroom and patch drywall - Remove and replace flooring - Replace window coverings as needed (sliders and windows) - Replace screens - Repair drywall and texture where needed, paint complete interior, paint front door to match existing, miscellaneous framing, repair and replacements to complete authorized work - Final cleaning - Removal, demolition, haul away, recycle and disposal fees included Exhibit A Page 4 of 4 EXHIBIT B CONTRACTOR'S PROPOSALS Exhibit B , � Quote# . . . Quote Confirmation 401622564 Page 1 of 2 THIS QUOTE IS BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES MAY RESULT IN PRICE ADJUSTMENT. THANK YOU FOR YOUR REQUEST Customer Ordered By Request Dat Valid Payment Terms PO Number Floor Plan/Unit# Number Throu h 3274505 Las Serenas 07/15/2014 08/14/2014 Net 30 Da s 1x1 with No Den Bill To: Las Serenas Apts/Rehab Ship To: Las Serenas Apts/Rehab 73315 Country Club Dr,Ofc 73315 Country Club Dr,Ofc Palm DeseR CA 92260-8665 Palm Desert CA 92260-8665 Parl# Description Qty Unit Est. Unit Pric Extended Price MFG# Delivery Da s Labor 989898 ROF Material 1 EA $2867.42 $2867.42 LSCO6 Demo/Install of Unit 1x1 w/No Den 1 EA 45 14152.9 $14152.95 DEMO/INSTALL OF UN Fabrication L71BF Wyoming Cherry Chocolate Cabs 1x1 No Den 1 EA 24 $4081.81 $4081.81 WYOMING CHERRY CHO L73C6 Countertops 7734-58 1x1 NO Den 1 EA 7 $630.00 $630.00 COUNTERTOPS 7734-5 NOTES Speclal Orders and custom made orders are NnN-RFTiiRNea�E to HD Supply.Cancellations ub Total $21732.18 prior to deltvery are subject to restocking and height fees.Applicable treight charges ales Tax $606.33 and related tax may not be included and are subject to change. dditional $0.00 ees rei ht $50.00 OTAL 322388.51 Comments: Signature: P.O Number(if applicable): HD SUPPLY PROPRIETARY AND CONFIDENTIAL � �� QUOt� � Quote Confirmation 401622564 . . . . Page 2 of 2 Sales Representative:MONICA D'ANTONY Contact Number: HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION Department Phone Fax Installations 1-866-455-4798 1-866-455-8923 nstallations Email:installationservices@hdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL . Quote# . . . Quote Confirmation 401615106 Page 1 of 2 THIS QUOTE IS BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES MAY RESULT IN PRICE ADJUSTMENT. THANK YOU FOR YOUR REQUEST Customer Ordered By Request Dat Valid Payment Terms PO Number Floor Plan/Unit# Number Throu h 3274505 Las Serenas 07/08/2014 10/01/2014 Net 30 Da s 1x1 With Den Bill To: Las Serenas Apts/Rehab Ship To: Las Serenas Apts/Rehab 73315 Country Club Dr,Ofc 73315 Country Club Dr,Ofc Palm Desert CA 92260-8665 Palm Desert CA 92260-8665 Parl# Description Qty Unit Est. Unit Pric Extended Price MFG# Delivery Da s Labor 989898 ROF Material 1 EA $2892.43 $2892.43 L8C17 Demo/Install of Unit 1x1 w/Den 1 EA 45 16470.5 $16470.59 DEMO/INSTALL OF UN Fabrication L71BE Wyoming Cherry Chocolate Cabs 1x1 Den 1 EA 24 $5857.65 $5857.65 WYOMING CHERRY CHO L73C7 Countertops 7734-58 1x1 Den 1 EA 7 $630.00 $630.00 COUNTERTOPS 7734-5 NOTES Special Orders and custom made orders are unN-RET�RNea�F to HD Supply.Cancellations ub Total $25850.67 prior to delivery are subject to restocking and ireight fees.Applicable freight charges ales 7ax $750.40 and related taz may not be fncluded and are subject to change. dditlonai $0.00 ees rei ht $50.00 OTAL $26651.07 Comments: Signature: P.O Number(if applicable): HD SUPPLY PROPRIETARY AND CONFIDENTIAL . Quote# . . Quote Confirmation 401615106 Page 2 of 2 Sales Representative:MONICA D'ANTONY Contact Number: HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION Department Phone Fax Installations 1-866-455-4798 1-866-455-8923 nstallations Email:installationservices@hdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL � � Quote# ! Quote Confirmation 401670639 � � Page 1 of 3 THIS�UOTE IS BASED ON THE UUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES MAY RESULT IN PRICE ADJUSTMENT. THANK YOU FOR YOUR REQUEST Customer Ordered By Request Dat Valid Payme�t Tertna PO Number Floor PlanNnfU! Number Throu h 1068513 Teresa Vakili 08/25/2014 10/03/2014 Net 30 Da Unit 19 Studio BIII To: Desert Po{nte Apfs Ship To: Desert Pointe Apts 43805 Monlerey Ave 43805 Monterey Ave Palm Desert CA 92260-9334 Palm Desert CA 92260-9334 PartX Descripdon Qty Unit Est. Unit Pric Extondod Price MFG# Dellvery Da s Labor LDDBO Labor/lnstallation for Unit Studio 1 EA 45 38283.0 $38283.07 LABOR/INSTAL TION Fabrication 597504 FABRICATEO WINDOW SCREENS 1 EA $15.49 $15.49 Frame Color Brown Screen Type Charcoal FiAerglass Frame Thickness 1/4" Width 35 IN Width Increment O.00OO IN Length 461N Neight lncrement 0.5000!N Finished wdth 35.0000 IN Finished Length 46.5000 IN Screen Components SCREEN COMPOlJENTS BELOW Cross Bar No LeafSpnng 2 Other-Oty 0 Screen Frame pdce vanent key SCRN P112 Screen Painted(Y/N) Yes Screen Frame United Inch 81.5000 IN HD SUPPLY PROPRIETARY AND CONFIDENTIAL ; I i � � ; � ! . �� Quote# Quote Confirmation 401670639 � Pege 2 of 3 I Partk Descripdon Qty Unit Est nft Pric Extended Price MFGtK Delivery Da s Screen smafler dimension 36.0000 IfY Screen larger dimension 50.5000 IN Line/tem Quantity 1.000 39TSO4 FABRICATED WINDOW SCREENS 1 EA 512.16 $12.16 Frame Color Brown Screen Type Charcoa! Flberglass F�ame Thickness 1/4' � �dth 17 IN � Width Increment 0.0000 IN . Length 47 IN , Height increment 0.0000 IN Flnished�dth 17.0000 IN Finished Length 47.0000 fN Screen Componenfs SCREEN COMPONENTS BELOW Cross 8ar No Leaf Sprfng 2 Other-Qty 0 Screen Frame price varient key SCRN P112 Screen Peinted(YM) Yes Screen Frame United Inch 64.0000 IN Screen smaller dimensron 18.00001N Screen laiger dimension 51.0000 IN Line ltem Quentity 1.000 597504 FABRICATED WINDOW SCREENS 1 EA $7.43 $7.43 Frame Color Brown Screen Type Charcoal Fibergfass Frame Thickness 1/4" Width 16!N Width Incrsment 0.6250!N Length 22 IN Height/ncrement 0.5000!N Finished wdth 16.62501N Finished Length 22.50001N Screen Components SCREEN COMPONENTS HD SUPPLY PROPRIETARY AND CONFIDENTIAL � ! � � � ". QVOtCfF � Quote Confirmation 401670639 i � Page 3 of 3 I I PartM Descrlptlon Qty Unit Est. Unit Pric Extend�d Price i i MFCak Deflvery ` Da s BELOW � Cross Bar No ' Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(YM) Yes Screen Frame United lnch 39.1250 IN Screen smaller dimension 17.6250/N Screen larger dimension 26.5000/N Line Item Quar�tity 1.000 LDD99 Countertops#7734-58 Unit Studio 1 EA 7 $437.50 5437.50 COUNTERTQPS 3t7734- LDE4F Sonoma Maple Cognac Cabinets 1 EA 2d S41Q6.26 $4106.26 SONOMA MAPLE COGNA NOTES Spr�al Ord�rs and custom mads orden an unN.arnirxNewi F to HD Supply.Cancellatlons ub Toul $42861.91 prior to dellvery are subJect to r�stxklny and h�lyht fses.AppUcabl�iniyht char�s ws T�x $366.30 and rolated tax may not be Included and aro subJact to chang�. daNlonal $0.00 �ss n� ne 575.00 OTAL 543303.21 Comments: Signature: P.O Number(if applicable): Sales Representative:6EVERLY RANISZEWSKI Contact Number: HD SUPPLY FACILfilE3 MAINTENANCE CONTACT INFORAAATION Dspartmant Phone Fax Renovations 1-B00-431-3002 1-888-293-1649 enovations Email:fmmnovationadmin(�hCsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIQL � Quote# � ` Quote Confirmation 401670642 : Page 1 of 3 � THIS QUOTE IS BASED ON THE GUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES MAY RESULT IN PRICE ADJUSTIYIENT. THANK YOU FOR YOUR REQUE3T Customer OMered By Request Dat Valid Payment Tertns PO Number Floor Plan/UnitO Numbor 7hrou h 1066513 Teresa Vakili 08/25/2014 10/03l2014 Net 30 Da s Unit 42 1x1 Bill To: Desert Pointe Apts Ship To: Desert Pointe Apts 43805 Monterey Ave 43805 Monterey Ave Palm pesert CA 92260-9334 Palm Desert CA 92260-9334 Part# Descrfpt(on Qty Unit Est. Unit Pric Extended Prico MFG# Delivery Da s Labor LODB2 Labor/lnstallation for Unit 1x1 1 EA OS 6163.3 $46163.36 BOR/INSTAL TION Fabrication 597504 FABRICATED WINDOW SCREENS 1 EA $13.21 $13.21 Frame Color Brown Screen Type Charcoal Fiberglass Frame Thickness 1/4" Width 35!N �dth Increment 0.0000 IN Length 341N Height Increment 0.5000!N Finished�dth 35.0000 IN Finished Length 34.5000 IN Screen Components SCREEN COMPONENTS BELOW Cross Bar No Lea/Spring 2 Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(YM) Yes Screen Frame United fnch 69.50001N HD SUPPLY PROPRIETARY AND CONFIDENTIAL � r t � � 6 � Quote# . a ; Quote Confirmation 401670642 Page 2 of 3 Part�t DescripNon Qty Unit Est. nit Pric Extended Price MFG� Delivery Da s Screen smaller dimenslon 35.50001N Screen larger dimension 39.0000 IN Line Item Quantity 1.000 597511 FABRICATED INTERIOR BYPASS DOORS- 1 EA $150.00 $150.00 6-PNL Frnished Opening�dth 96 IN Width Increment 0.000!N Net Finlshed Opening Width 96.ODO IN Finished Opening Height 801N Height lncrement O.00O IN Pull Color Satin Nickel FrMshed Single Door�dth �2.625/N Finished Single Door Heighf 78.0001N Number o/Ooors 3 LDD95 Countertops t�7734-58 Unit 1x1 1 EA 7 $813.69 $813.89 COUNTERTOPS tt7734- LDE50 Sonoma Maple Cognac Cabinets 1 EA 24 $5171.26 $5171.26 SONOMA MAPLE COGNA NOTES Speclsl Orden and custom mids ord�n aro NON.r�Fn�aNsa�F to HD Supply.CaneNlations ub Toul $52311.72 p►Iw to delNery are subJect to roatockinp and frelaht fa�s.Applfeabls irsight eharpaa ws Tax $491.87 and rolattd tax may not bs ineludsd and an subJect to change. dR7onal 50.00 Ns n ht $75.00 OTAL $52878.59 Comments: Srenature: P.O Number(it applicable): Sales Representathre:MONICA D'ANTONY Contact Number: HD SUPPLY FACIUTIES MAINTENANCE CONTACT INFORMATION Departmant Phone Fa: Insfallatlons 1-866-455-4798 1-866-455-8923 HD SUPPLY PROPRIETARY AND CONFIDENTIAL � � � s � � � Quote# � ,, Quote Confirmation 401670642 Page 3 of 3 nstaNations Email�instaHationservicesQhdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL ; i � � ` � � � Quote# � } , � , ,� Quote Confirmation 401675458 � Page 1 of 4 ' i , � j THIS QUOTE IS BA9ED ON THE QUANTfTIE3 LISTED. ANY CHANGES TO THE PRODUCT MIX OR�UANTITIES MAY RESULT IN 4 PRICE ADJUSTMENT. � t � THANK YOU FOR YOUR REQUEST Customer Ordered By RQquest Dat Valid Payms�t Terms PO Number Floor PIan/UniUR Number Throu h • 13596015 ' 06/28/2014 09/27l2014 Net 30 Da s Bill To: RPM/Rehab 42050 Goiden Eagle Lane Ship To: RPM/Rehab 42050 Golden Eagle Lane One Quail Place Leasing OKce One Quail Place Leasing OKce 72600 Fred Waring Dr 72600 Fred Waring Dr Palm DeseR CA 92260-5290 Palm Desert CA 92260-5290 Part� Descriptton Qty Unit Eat. Unit Pric Extended Price MFGlE Dolivory Da s , Paint b Sundrles 531493 5 Gal Spred Int Flat Swiss CoHee Paint 7 EA 1 $79.99 $559.93 SV3401-OS RECYCLING FE $1.60 511.20 531495 5 Gal Spred Int S/G Swiss Coffee Paint 4 EA 1 $88.99 $355.96 SV3701-05 RECYCLING FE $1.60 $6.40 891450 5 GAL GRIPER STN KLIR PRIMER/SEALER 3 EA 14 $98.99 $296 97 GL3210-1200 RECYCLING FE $1.60 $4.80 ' Appllance ! 217343 36'GAS RANGE SS GAS CONNECTOR 1 EA 12 $16.72 $16.72 ! � 4400100 � 286020 Frigidaire Freestanding Gas Range White 1 EA 9 5428.00 5428.00 FFGF3015LW ' 640441 1/2'FIP X 1l2"FIP BRASS GAS BALL VALVE 1 EA 9 $7 33 57.33 92-3232 Elactrical 126016 KIDDE BATTERY SMOKE/CO TALKING INTEL 2 EA 9 $43.19 $86.38 i 21007450 301473 6'RANGE CORD 4-POLE 4-WIRE125/250V 1 EA 10 $31.49 $31.49 � WX09X10040 � 302630 WHT SURFACE PHONE JACK PLATE'PKG OF 2 PKG 94 $2.15 34.30 2" BBT-034-2 WHIT HD SUPPLY PROPRIETARY AND CONFIDENTIAL F � � -.. i , � � QUOt@# Quote Confirmation 401675458 • 4 ' ' . : Page 2 oi 4 Partt� Descr(ption Qty Unit Est. Unit Pric Extended Price � MFGA Delivery � Da s � 303265 WHITE N CABLE WALL PLATE"PKG OF 2" 2 PK 94 $2.60 $5.20 + BV-029-2 WHI ' 329004 TRPL SWITCH WALL PLATE WH 4 EA 10 $0.89 $3.56 � NP3W . 336025 SGL SWITCH WALL PLATE WH "PKG OF 10" 2 PK 90 $2.51 $5.02 SSGST-I-W 338029 DBL TOGGLE WALL PLATE WH'PKG OF 10" 1 PK 90 $4.85 54.85 ssc-sr-2-w � 336033 SGL DUPLEX RECEPT PLATE WH'PKG OF 10' 3 PKG 90 $2.87 $8.61 i SSC-RE-1-W 336037 SINGLE DECORATOR PLATE WH 'PKG OF 10" 1 PK 90 $4.45 54.45 , SSC-SR-t-W 340004 KIDDE WIRE-IN W/9V BATT BACK-UP SMO 4 EA 9 $1529 $61.16 21006376 Hardware , 597602 Fabricaled PaUo Screen Doors 1 EA $44.00 544.00 • Frame Type Standard ' Frame Color Whife Screen Color and Matenal Charooal Fiberg/ass Measuremenf Type Door Srze Width 35/N � � Width Increment 0.000!N � Height 77 IN i Neight Increment 0.5001N ' Patio Screen Finished Width 35.0000 IN Patro Screen Finished Heighf 77.5000 IN � Patro Screen Frame United Jnch f 12.5000 IN � Rollers Nylon Bug Strips Vinyl Cross Bar No Llghting Fixtures ' 324855 2'2-UGHT FLUORESCENT PUFF WALI 1 EA 90 $60.01 $60.01 � FIXTURE V6117-6 Kitchen 3 Bath 416056 Galvanized 90°Street Elbow 3/4'x 3!4' 1 EA 14 $1.79 $1.79 i 510-304HN HD SUPPLY PROPRtETARY AND CONFIDENTIAL ` ; � ;. � - --... � � QUOt@# Quote Conf rmation 401675458 Page 3 of 4 Part# Descrfption Qty Unft Est. Unit Pric Extended Price MFGA Delivery Da s 418120 Black Reducing Coupling 3/4"x 1/2" 1 EA 14 31.16 51.16 521-343H N � 418197 Black Nipple 1l2"x Close 1 EA 14 30.71 50.71 ( 583-001 HN � � Labor LD3A5 Installation of Inlerior Repairs 1 EA 45 10636.4 $10636.43 } INSTALLATION OF IN � Fabrication 111016 34x80'1-3/8"Thk HC Prmd Hrdbrd Door 4 EA 15 $30.14 $120.56 29872 drigina/Widfh 33.8125 lN . Original Height 80.0000 Door Thickrtess 1-3/8' Slab Door Core Type Hollow Core Fabncate Door 7 No Sales documenf item category ZQTF Requirements type 011 , 703057 78x84" White 3-1l2"Vert Blind 1 EA 68 $31.31 $31.31 1079347880347-7 Original Wrdth 78.00 IN Onginal Length 84 IN i Will ltem be Cut? No � LD37D 2-1/4x3/8x16'MOF primed base streamline 15 EA 9 56.40 $96.00 � MMDF304M - 3 NOTES Special OMera and custom made orden arc NnN.r�FT�irtNna�F to HD Supply.Cancellations ub 7oul $12894.30 � prior to dsllvery are subject to rostocking and freight tees.Appllcable freight charees aNs T�x 5180.62 i and related tax may not be included and are subJect to change. ddttionai 50.00 1 Ns � n ht $0.00 OTAL $13074.92 � Comments: Slgnature: P O Number(rf applicable): __ HD SUPPLY PROPRIETARY AND CONFIDENTIAL � ; � . � � ----- i E � � QUote# ' : r _ Quote Confirmation 401675458 � Pege 4 of 4 � � HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION � t DepaRment Phone Fax � Renovations 1-800-431-3002 1-888-293-1649 i f enovations Email:hnrenovationadmin�hdsupply.com � � S v i � r t i 1 I f HD SUPPLY PROPRIETARY AND CONFIDENTIAL ;. � � } r � ; 4 , � Quote# '.: " . . Quote Confirmation 401633321 Page 1 of 3 THIS QUOTE IS BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUAN7ITIES MAY RESULT IN PRICE ADJUSTMENT. THANK YOU FOR YOUR REQUEST Customer Ordered By Request Date Valid Payment Terms PO Number Floor PlanlUnit# Number Throu h 13564332 Kelse 07/23/2014 09/27/2014 Net 30 Da s Bill To: RPM Rehab/75333 Kelsey Circle North Ship To: RPM Rehab/75333 Kelsey Circle North One Quail Place Leasing O�ce One Quail Place Leasing Office 72600 Fred Waring Dr 72600 Fred Waring Or Palm Desert CA 92260-5290 Palm Desert CA 92260-5290 Part� Description Qty Unit Est. Unit Pric Extended Price MFG# Delivery Da s Hardware D4C14 30"WHITE TOP HUNG ADAPTER 1 EA 12 $9.95 $9.95 EMB4489C30 L958E 29-1/2x78 WHT ALUM FRM BLK FG"WKST" 1 EA 12 $38.67 $38.67 29-1/2X78 WHT ALUM Labor 989898 ROF Material 1 EA $3957.41 $3957.41 L990F Demo/Install of Kelsey Circle House 1 EA 45 18446.1 $18446.18 DEMO/INSTALL OF KE Fabrtcation 597504 FABRICATED WINDOW SCREENS 6 EA $10.83 $64.98 Frame Colo� White Screen Type Charcoal Fiberglass Frame Thickness 1/4" Width 28 fN Width Increment O.00OO IN Length 29 IN Height Increment 0.0000 IN Finished Width 28.0000 IN Finished Length 29.0000 IN Screen Components SCREEN COMPONENTS HD SUPPLY PROPRIETARY AND CONFIDENTIAL � . Quote# . . . . Quote Confirmation 401633321 Page 2 of 3 Partlt Descrlptlon Qty Unit Est. Unit Pric Extended Price MFG# Delivery Da s BELOW Leaf Spring 2 Pull Tab 2 Other-Qty 0 Screen Frame price variant key SCRN_P112 Screen Painted(YM) Yes Screen Frame United Inch 57.0000 IN Screen smaller dimension 29.0000 IN Screen larger dimension 33.0000 IN Line Item Quantity 6.000 597504 FABRICATED WINDOW SCREENS 1 EA $12.92 $12.92 Frame Color White Screen Type Charcoal Fiberglass Frame Thickness 1/4" Width 22 IN Width Incremenf 0.25001N Length 45 IN Height Increment 0.75001N Finished Width 22.2500 IN Finished Length 45.75001N Screen Components SCREEN COMPONENTS BELOW Lea/Spring 2 Pull Tab 2 Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(Y/N) Yes Screen Frame United/nch 68.0000 IN Screen smallerdimension 23.25001N Sc�een larger dimension 49.7500 IN Line/tem Quantity 1.000 L8E85 CounteRop#7734-58 Kelsey Cirde 1 EA 7 $630.00 $630.00 COUNTERTOP #7734-5 L8FA9 32x80x1-3/4 PH Stl 6 Pnl 4-9/16"WKST" 1 EA 9 $271.43 $271.43 32X80X1-3/4 PH STL HD SUPPLY PROPRIETARY AND CONFIDENTIAL �' . Quote# _ . . . Quote Confirmation 401633321 Page 3 of 3 Part# Descriptlon Qty Unft Est. Unit Pric Extended Price MFG# Delivery Da s L95A7 Wyoming Cherry Chocolate Cabinets 1 EA 24 $6821.68 $6821.68 WYOMING CHERRY CHO NOTES Special Orders a�d cuatom made orders are N�u.rtFniRNeai F to HD Supply.Cancellatfons ub Total $30253.22 prbr to delivery are subJect to restocking and frelght tees.Applkable height charges alas 7ax 944.55 and related tax may not be included and are subjed to ehange. ddltional $0.00 ses rei nt $50.00 OTAL $31247.77 Comments: Signature: P.O Number(if applicaWe): Sales Representative:MONICA D'ANTONY Contact Number: HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION Department Phone Fax Installations 1-866-455-4798 1-866-455-8923 nstallations Email:installationservices@hdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL � Quote# . Quote Confirmation 401633306 Page 1 of 5 THIS QUOTE IS BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR�UANTITIES MAY RESULT IN PRICE ADJUSTMENT. THANK YOU FOR YOUR RE�UEST Customer Ordered By Request Date Valid Payment Terms PO Number Floor PlanlUnit# Number Throu h 13564331 Kelse 07/23/2014 09/27/2014 Net 30 Da s Bill To: RPM Rehab/43710 Kelsey Court Ship To: RPM Rehab/437f0 Keisey Court One Quail Piace Leasing Office One Quail Piace Leasing Office 72600 Fred Waring Dr 72600 Fred Waring Dr PALM DESERT CA 92260-5290 Palm Desert CA 92260-5290 Part�! Descriptlon Qty Unit Est. Unit Pric Extended Price MFG# Dellvery Da s Hardware D4C14 30"WHITE TOP HUNG ADAPTER 2 EA 12 $9.95 $19.90 EMB4489C30 L958E 29-1/2x78 WHT ALUM FRM BLK FG"WKST" 2 EA 12 $38.67 $77.34 29-1/2X78 WHT ALUM Labor 89898 ROF Material 1 EA $4183.18 $4183.18 L98FE Demo/Install of Kelsey Ct House 1 EA 45 16014.91 $16014.91 DEMO/INSTALL OF KE Fab�icat(on 597504 FABRICATED WINDOW SCREENS 1 EA $13.16 $13.16 Frame Color White Screen Type Charcoal Fi6erglass Frame Thickness 1/4" Width 22 IN Width Increment 0.7500 IN Length 46/N Height Increment 0.5000IN Finished Width 22.7500 IN Finished Length 46.5000 IN Saeen Components SCREEN COMPONENTS HD SUPPLY PROPRIETARY AND CONFIDENTIAL .� Quote# . . . . Quote Confirmation 401633306 Page 2 ot 5 Part# Descriptlon Qty Unit Est. Unit Prfc Extended Prlce MFG# Delivery Da s BELOW Leai Spring 2 Pull Tab 2 Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(Y/N) Yes Screen Frame United Inch 69.2500 IN Screen smaller dimension 23.7500 IN Screen larger dimension 50.50001N Line Item Quantity 1.000 597504 FABRICATED WINDOW SCREENS 1 EA $7.36 $7.36 Frame Color White Screen Type Charcoaf Fiberglass Frame Thickness 1/4" Width 20 IN Width Increment 0.5000 IN Length 181N Herght Increment 0.2500IN Frnished Width 20.5000!N Finished Length 18.2500 IN Screen Components SCREEN COMPONENTS BELOW Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(Y/N) Yes Screen Frame United Inch 38.7500 IN Screen smaller dimension 19.2500 IN Screen larger dimension 24.5000 IN Line Item Quantity 1.000 597504 FABRICATED WINDOW SCREENS 2 EA $10.83 $21.66 Frame Color White Screen Type Charcoal Fiberglass Frame Thickness 1/4" Width 28 IN �dth/ncrement 0.0000 IN Length 29 IN HD SUPPLY PROPRIETARY AND CONFIDENTIAL � Quote# . Quote Confirmation 401633306 Page 3 of 5 Part# Description Qty Unit Est. Unit Pric Extended Price MFG� Delivery Da s Height Increment 0.0000 IN Finished Width 28.0000 IN Finished Length 29.0000 IN Screen Components SCREEN COMPONENTS BELOW Leaf Spring 2 Pull Tab 2 Other-Qty 0 Screen Frame price vanant key SCRN P1�2 Screen Painted(Y/N) Yes Screen Frame United Inch 57.0000 IN Screen smaller dimension 29.0000 IN Screen larger dimension 33.0000 IN Lrne ltem Quantrty 2.000 597504 FABRICATED WINDOW SCREENS 1 EA $12.97 $12.97 Frame Color White Screen Type Charcoal Fiberglass Fiame Thickness 1/4" Width 22/N Width Increment O.00OO IN Length 46 fN Height Increment 0.25001N Finished Width 22.0000 IN Finished Length 46.2500 IN Screen Components SCREEN COMPONENTS BELOW Leaf Spring 2 Pul!Tab 2 Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(Y/N) Yes Scieen Frame United Inch 68.2500 IN Screen smafler dimension 23.0000 IN Screen larger dimension 50.25001N Line Item Quantrty 1.000 597504 FABRICATEO WINOOW SCREENS 1 EA $12.97 $12.97 HD SUPPLY PROPRIETARY AND CONFIDENTIAL �:, Quote# . . . . Quote Confirmation 401633306 Page 4 of 5 Part# Descriptlon Uty Unft Est Unit Pric Extended Price MFG# Delivery Da s Frame Cofor White Screen Type Charcoal Fiberglass Frame Thicknass 1/4" Width 221N Widfh Increment 0.0000 IN Length 46 IN Height Increment 0.2500 IN Finished Width 22.0000 IN Finished Lengfh 46.2500 IN Screen Components SCREEN COMPONEl+1TS BELOW Leaf Spring 2 Pull Tab 2 Other-Qty 0 Screen Frame price variant key SCRN P112 Screen Painted(Y/N) Yes Screen Frame United Inch 68.2500 IN Screen sma/!er drmensron 23.00Q0/N Screen larger dimension 50.2500 IN Line/tem Quantiry 1.000 L8EA6 Countertop#7734-58 Kelsey Court 1 EA 7 $585.00 $585.00 COUNTERTOP #7734-5 L95A2 Wyoming Cherry Chocolate Cabinets 1 EA 24 $5157.85 $5157.85 WYOMING CHERRY CHO NOTES Special Orders and custom made orders are dnultFn�Ruea�F to HD Supply.Cancellatlons ub 7otal $26106.30 prior to delivery are subject to restocking and freight fees.Applicable freight chargea lea 7ax $807.31 and related taz may not be included and are subject to change. dditlonal $0.00 ees rei ht $50.00 OTAL $26963.61 Comments: HD SUPPLY PROPRIETARY AND CONFIDENTIAL � Quote# . . . . Quote Confirmation 401633306 Page 5 of 5 Signature: P.O Number(if applicable): Sales Representative:MONICA D'ANTONY Contact Number: HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION Department Phone Fax Installations 1-866-455-4798 1-866-455-8923 nstallations Email:installationservices@hdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL HD Supply Renovations Location Unit Proposed Cost PERMITS Las Serenas #207 $ 26,651.07 Est Permits (subject to actual) $ - 1,231.00 Las Serenas #205 $ 22,388.51 Est Permits(subject to actual) $ - 1,231.00 Desert Pointe #42 $ 52,878.59 Est Permits (subject to actual) $ - 1,390.00 Desert Pointe #19 $ 43,303.21 Est Permits(subjec�to actual) $ - 1,231.00 Falcon Crest #42050 $ 13,074.92 Est Permits(subject to actual) $ - 1,087.00 Desert Rose #7533 $ 31,247.77 Est Permits (subject to actual) $ - 1,087.00 Desert Rose #43710 $ 26,963.61 Est Permits(subject to actual) $ - 1,087.00 Total $ 216,507.68 $ 8,344 Estimated Total $ 224,852 Contingency 10%a $ 22,485 $ 247,337 G�\HOUSING\Patty Leon�1MM\staff report\HOUSING AUTMORITY�Agreement with HD Supply 91514\HD Supply Renovation for proposals summary.alsx 9/16/2014 11:42 AM �_ .. _ � , 1 l September 4`h,2014 � California GC License #B General Building 932802 i Direct inquiries to: Beverly Raniszewski ; HD Supply Renovations � 1-951-837-8779 ' � Scope of work: ' Permit Fees � Desert Pointe Studio Desert Pointe lxl Las Serenas Kelsey Court Kelsey Circle Golden Eagle Terms and Conditions All quoted pricing is an estimate and�vill be adjusted to actual costs that ti��ill be passed through. ' Based on over the counter in-house dra���ing from VVoocLs Construction Pricing subject to increase based on actual costs and city requirements : Exclusions: ' Plan dra�ti�n up by a draftsman,architect and/or structural engineer. � HD Supply Facilities Maintenance-Scope of Work Page 1 � + Quote# , � . , Quote Confirmation 401681714 Page 1 of 1 � THIS QUOTE IS BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES 61AY RESULT IN I PRICE ADJUSTMENT. � i THANK YOU FOR YOUR REQUEST . Customer Ordered By Request Da Valid Payment Terma PO Number Floor PIaNUniW Numbar Throu h 3274505 ' 09/04/2014 10/04/2014 Net 30 Da Permits and Fees Bill To: Las Serenas Apts/Rehab Shlp To: Las Serenas Apts/Rehab 73315 Counlry Club Dr,Ofc 73315 Cou�try Club Dr,Ofc Palm Desert CA 92260-8665 Palm Desert CA 92260-8665 i Part�! Description Qty Unit Est. U�it Pric Extended Price MFG# Delivery Da s Labor LE01F Permits and Fees Las Serenas 1 EA 45 $1231.00 $1231.00 PERMITS AND SEE SCOPE FOR TERMS,CONOITIONS AND FEES L EXCLUSIONS. NOTES 3pecial Orders and eustom mad�orden an u�N.RFniaNsa�F to HD Supply.Cancellations ub Toul $1231.00 � i priw to dsliv�ry ar�subJ�d to rqtotking and height fNs.Appllcabl�tnlght charg�s aws 7aa 0.00 � and r�latsd Wx may not bs Includ�d and are subJset to change. dkionai $0.00 ! e�s nl ht $0.00 OTAL $1231.00 Comments: Signature: P.O Number(if applicable): ' Sales Representative:MONICA D'ANTONY Contact Number: HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION D�partment Phone Fax I Inslallations 1-866�55-4798 1-866-45�8923 � nstallatans Email:installationservices�hdsupply.com � HD SUPPLY PROPRIETARY AND CONFIDENTIAL � r �. . .—__._—_. } � � S � y QUOt� � _ � Quote Confirmation 401681712 Page 1 012 � 5 4 THIS QUOTE IS BASED ON THE�UANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR�UANTITIES IiAAY RESULT IN � PRICE ADJUSTMENT. THANK YOU FOR YOUR REQUEST � i � Customer Ordared By Request Dat Valid Payment Terms PO Number Floor PlanlUnit� ' Number Throu h 106fi513 ' 09l04/2014 10l04/2014 Net 30 Da s Permits and Fees Blll To: DeseA Polnte Apts Ship To: Desert Pointe Apts � 43805 Monterey Ave 43805 Monterey Ave ` Palm Desert CA 92260-9334 Palm Desert CA 92260-9334 ' i PartM Deacriptlon Qty Unit Est. Unit Pric Extended P�ice � MFG# Delivery � Da s ; Labor , LE01A Pertnits and Fees Desert Poinle Studio 1 EA 45 $1231.00 $1231.00 PERMITS 'N� SEE SCOPE FOR TERMS,CONDITIONS AND FEES D EXCLUSIONS. LE01C Permits and Fees Desert Pointe 1x1 1 EA 45 $1390.00 $1390 00 PERMITS AND FEES D NOTES Spacial Orden and cuatom mads orders are unu.acr�iaNnwi F to HD Supply.Canullatlons ub Total $2621.00 I prtor to deltvery are subject to restockfng and height fees.Appfteable freight charges Ns r�: $0.00 and rolated tax may not be included and aro subject to change. didonal $0.00 i oos ni M $0.00 OTAL $2621.00 i Commmts: Signature: P O Number(if applicaWe): Sales Representetive:MONICA D'ANTONY Contact Number: HD SUPPLY PROPRIETARY AND CONFIDENTIAL Quote# Quote Confirmation 401681712 Page 2 of 2 HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION DepaRment Phone Fax Installations 1-866-455-4798 1-866-455-8923 nstallations Email:inslallationservices�hdsupply.com f 1 I I I � i , ! i 1 I � i i f � +� 1 E � r HD SUPPLY PROPRIETARY AND CONFIDENTIAL � , ! a � � Quote# s ` Quote Confirmation 401681722 Page 1 of t � E THIS QUOTE IS BASEO ON THE QUANTfTIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES MAY RESULT IN t F PRICE ADJUSTMENT. � a i THANK YOU FOR YOUR REQUEST � k Customer Ordored By Request Dat Valid Paymertt Terma PO Mumbar Floor Plan/UnitX � Number Throu h s � 13596015 ' 09/04l2014 10/04l2014 Ne130 Da s Permits and Fees } Bill To: RPMlRehab 42050 Golden Eagle Lane Ship To: RPM/Rehab 42050 Golden Eagle Lane � One Quail Place Leasing Office One Quail Place Leasing Office � 72600 Fred Waring Dr 72600 Fred Waring Dr � Palm DeseA CA 92260-5290 Palm Desert CA 92260-5290 j c Part# Descriptlon Qty Unit EsG Unit Pric Extended Price � MFG# Deiivery f Da s � Labor � LE02D Pertnits and Fees 1 EA 45 $1087.00 $1087.00 � PERMITS AND SEE SCOPE FOR TERMS,CONDITIONS AND � FEES EXCLUSIONS. NOTES Spscial Orden and eustom made orders are NoN FTIIRNARI F�O HD SUPpIy.Ci11GQllitl0lri ub Tota1 $1087.00 p�lor to dslfvery an subject to mstoeklny and freight fNs.Appllcabk frsight charg�s I.s Taa $0.00 and rolated tax may not De Ineluded and aro subjaet to chanye. ddRlonal $0.00 �n ni ht $0.00 OTAL $1087.00 Comments: Signature: P.O Number(if applicable): Sales Representalive:MONICA O'ANTONY Conted Number HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION Department Phone Fax Installations 1-866�55-4798 1-866-455-8923 , nstelWtio�s Email:inatallatlonservicest�hdsupply.com � HD SUPPLY PROPRIETARY AND CONFIDENTfAL t � � � � Quote# Quote Confirmation 401681718 Page 1 of 1 � THIS QUOTE IS BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR DUANTITIES MAY RESULT IN � PRICE ADJUSTMENT. f i � THANK YOU FOR YOUR REGUEST ; E i � Customer Orderad By Request Dat Valid Payment Tarms PO Number Floor PlanlUnit� � Numbar Throu h � 13564332 ' 09/04l2014 10/04l2014 Net 30 Da s Permits and Fees � Blll To: RPM Rehabf/5333 Kelsey CirGe North Ship To: RPM Rehab/75333 Kelsey CirGe North � One Quail Place Leasing Office One Quail Place Leasing Office '. i 72600 Fred Waring Dr 72600 Fred Waring Dr 1 Palm Desert CA 92260-5290 Palm Desert CA 92260-5290 � i Part# Description Qty Unit Est. Unit Pric ExMnded P�ice MFG# Delivery Da s Labor � LE02D Permits and Fees Kelsey Circle 1 EA 45 S1087.00 $1087.00 PERMITS AND SEE SCOPE FOR TERMS,CONDITIONS AND FEES EXCLUSIONS NOTES Speeial Orden and custom mad�orders an NON-rt�urtNeat F to HD Supply.Caneellatlons ub Tou1 $1087.00 prlor to delivery aro subJoct to restocking and fnight lees.Appliuble freight chargss aNa Tax $0.00 and rslatsd tax may not be Included and aro subJect to change. dkional $0.00 • ; Ns ro ht $0.00 OTAL $1087.00 i Commenis: i Signature: P.O Number(if applicable): Sales Representative:MONICA D'ANTONY Contact Number: HD SUPPLY FACILITIE$MAINTENANCE CONTACT INFORMATION DepaRi„ent Phona Fax Installalions 1-866-455-4798 1-866-455-8923 nstallations Email:insWllationservices�hdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL � E i � � ( -- -- c � � � � QU OtQ� , Quote Confirmation 401681717 Page 1 of 1 THIS QUOTE 15 BASED ON THE QUANTITIES LISTED. ANY CHANGES TO THE PRODUCT MIX OR QUANTITIES MAY RESULT IN f PRICE ADJUSTMENT. � 1 THANK YOU FOR YOUR RE�UEST � Customer Ordered By Request Da Valid Payment Terms PO Number Floor Plan/Unidk ; Number Throu h 13564331 ' 09/04/2014 10f04/2014 Net 30 Da Pertnits and Fees ; Bill To: RPM Rehab/43710 Kelsey Courl Ship To: RPM Rehab/43710 Kelsey Court ` � One Quail Place Leasing OFfice One Quail Place Leasing Office 72600 Fred Waring Dr 72600 Fred Waring Dr � PALM DESERT CA 92260-5290 PALM DESERT CA 92260-5290 • Part# Description Qty Unit Est. Un(t Pric Extended Price MFG# DsUvery Da s � Labor LE02D Pertnits and Fees Kelsey Court 1 EA 45 $1087.00 $1087.00 PERMITS ANO SEE SCOPE FOR TERMS,CONDITIONS AND ' FEES EXCLUSIONS NOTES Sp�eial Orders and custom mad�wden aro NnN.ti�uaNeai F�a HD Supply.Cancellatlons ub roui $1087.00 prlor to dallv�ry an subj�ct to rostockinp and fnight f�ss.Applicabls irolyht charpes Ns Tax 50.00 and mlatsd taz may not be Included and aro sub��et to change. ddnionsl $0.00 • Ns n ht $0.00 OTAL $1087.00 Comments: ! Siqnalure: P.O Number(if applicable) Sates RepresenWtfve:MONICA D'ANTONY Contad Number: HD SUPPLY FACILITIES MAINTENANCE CONTACT INFORMATION Depa►tment Phone Fax Installations 1-866-455-4798 1-866-455-8923 nstallations Email:installationservices�hdsupply.com HD SUPPLY PROPRIETARY AND CONFIDENTIAL - f i � � EXHIBIT C CERTIFICATION 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. HD SUPPLY FACILITIES MAINTENANCE By: [Name] [Title] Exhibit C EXHIBIT D 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 , 20 has awarded to hereinafter designated as the "Principal," a contract for the work described as follows: (the "ProjecY'); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract for the Project dated ("Contract"), 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 worlc 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 Dollars ($ ) 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 OBLlGATION 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 pertormance 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. 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. Exhibit D Page 1 of 3 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the c(aimant 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 Attomey-in-Fact Title Signatures of those signing for the Contractor and Surety must be notified 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. Exhibit D Page 2 of 3 ACKNOWLEDGMENT State of Califomia County of ) On before me, (insert name and title of the officer) personally appeared o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar ubscribed to the within instrument and adcriowledged to me that he/she/they executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument th person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and coRect. ITNESS my hand and official seal. ignature (Seal) NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. Exhibit D Page 3 of 3 EXHIBIT E PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (hereinafter referred to as "Authority") has awarded to , (hereinafter referred to as the "Contractor") an agreement for (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated , (hereinafter referred to as "ContracY'), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Authority in the sum of DOLLARS, ($ ), 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 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 accordir�g 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, 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, unless otherwise provided for in the Contract, 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 Exhibit E Page 1 of 4 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, the Surety shall remedy the default pursuant to the Contract, or shall promptly, at the Authority's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contracf; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract 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. (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. 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 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 or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. Exhibit E Page 2 of 4 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 Attomey-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) Exhibit E Page 3 of 4 ACKNOWLEDGMENT State of Califomia County of ) On before me, (insert name and title of the officer) personally appeared , ho proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar subscribed to the within instrument and acknowledged to me that he/she/tliey executed the same i his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument th person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. ITNESS my hand and official seal. Signature (Seal) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Exhibit E Page 4 of 4 � April 28, 2014 TO: R P M Company 3333 Concours, Bldg 7 Ontario, CA 91764 RE: US Communities Contract Labor pricing HD Supply Facilities Maintenance successfully competed for and won the labor portion of the US Communities contract. Palm Desert Housing Authority properties are enrolled and receiving government contract pricing. We do guarantee our pricing which is used in the contract. The request for prevailing wage will be used when requested and will supersede the contract pricing as it is based on the federal wage decision controlling the contract. Our specialty is Multi-family renovation projects. We currently hold General Contracting (icenses in 14 states and successfully completed projects last year in excess of$50,000,000. Our scope of work generally consists of removal and installation of cabinets, countertops, plumbing, electrical, HVAC, millwork, lighting, flooring, paint, blinds, windows, base, case, crown and anything else you would require. The only categories we exclude are roofing and mold and asbestos abatement. Rich Phelan Senior Manager Property Improvement, Installations HD Supply Facilities Maintenance Cell: (858) 220-2130 Fax: (858) 831-2612 Office: (858) 831-2586 rich.phelan@hdsupply.com _. _ __ . __ __ _._ . 10641 Scripps Summit Court�San Diego CA�92131