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HomeMy WebLinkAboutHA34450 - 2015-16 HVAC Mechncl Systms Maint SvcsPALM DESERT HOUSING AUTHORITY STAFF REPORT REQUEST: AUTHORIZE THE AWARD OF CONTRACT NO. HA-34450 TO JOHN HARRISON CONTRACTING IN AN AMOUNT NOT TO EXCEED $150,000 FOR THE 2015/16 HVAC MECHANICAL SYSTEMS MAINTENANCE SERVICES FOR PALM DESERT HOUSING AUTHORITY COMPLEXES SUBMITTED BY: Veronica Tapia, Management Analyst II CONTRACTOR: John Harrison Contracting 1143 W. Lincoln Street, Suite 2 Banning, CA 92220 DATE: July 9, 2015 CONTENTS: Draft Agreement RFP Submission Form (Includes Contractor's Proposal) Recommendation By Minute Motion, that the Housing Authority Board, 1) Waive any irregularities and authorize the award of Contract No. HA- 34450 to John Harrison Contracting in an amount not to exceed $150,000 for the 2015/16 HVAC Mechanical Maintenance Services for Palm Desert Housing Authority; 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 2015/2016 Palm Desert Housing Authority's Repairs and Maintenance and Replacement Expense budget for each complex. Executive Summary By authorizing the use of John Harrison Contracting (JHC) for HVAC Mechanical Systems Maintenance Services on properties owned by the Palm Desert Housing Authority ("Authority"), the Authority will work exclusively with the contractor to ensure all HVAC systems are repaired and replaced in accordance with the terms of the agreement. The work performed under this contract meet the current prevailing wage requirements. Staff Report Award a Contract No. HA34450 for HVAC Mechanical Systems Maintenance Services July 9, 2015 Page 2 of 3 The equipment to be maintained includes but is not limited to, air handlers, condensing units, split systems, pumps, gas fired unit heaters, package units and forced air systems. Background In 2013 both the Housing Commission and the Authority Board authorized the approval to participate in the Energy Savings Assistance Program (ESAP). The program coordinated by SCE and SCG provided funding to qualified residents for the purpose of providing weatherization, energy efficient appliances, and installing new HVAC systems at the income qualified resident's units. As a cooperative party to the program, the Authority was required to pay for a small co -pay and coil replacements. Previously in order for the Authority to replace a unit, the cost ranged between $3,500 to $4,000 per system (including permits and testing). By participating in the ESAP, the Authority was able to recognize a cost savings of approximately $2,600 to $3,100 per system. Not all systems qualify, but for those that do, this is a huge consideration that ultimately benefits the tenants. In 2014, the program approved contractor for these services was John Harrison Contracting. They have done an exemplary job over past couple of years in meeting the program and Authority's needs to allow tenants to participate. The PDHA complexes collectively have 1,050 ac units. Of those units, at least 175 have been replaced recently through the ESAP, leaving 875 units that may or may not require repair and/or replacement in the immediate future. Request for Proposals were sought in order to develop a plan to facilitate the HVAC needs of the complexes in an effective and efficient manner. Proposals were received from the following: 1 Company Location Average Cost 1 John Harrison Contracting Banning, CA $3,400 1 FM Thomas AC, Inc. Brea, CA $7,200 In addition to the lower average per unit cost exhibited, John Harrison Contracting has provided a comprehensive maintenance plan to address the current systems in place. By having JHC complete this work it will also allow the same provider to monitor and maintain the units. Additionally, where eligible, JHC will continue to provide opportunities for further savings through the SCE programs for which they are authorized, such as ESAP. Staff is recommending that the Authority Board waive any irregularities and award the contract for HVAC Mechanical Systems Maintenance Services to John Harrison Contracting, for a one-year period in the amount of $150,000 with two possible one-year G \RDA\Veronica Tap,a\Word Files\PDHA \HVAC Bids\Staff Report HVAC RFP Contract 7-9-15 doc Staff Report Award a Contract No. HA34450 for HVAC Mechanical Systems Maintenance Services July 9, 2015 Page 3 of 3 extensions. Fiscal Analysis Annually there are funds set aside in the repairs and maintenance, as well as, the replacement reserve fund to accommodate these types of expenditures. The fiscal impact of this contract is an annual amount not to exceed $150,000 for replacement and/or repair. Subm • _• by: a Veronica Tapia, Management Analyst Paul S. Gibson, Director of Finance Approval: ,/' 1 M. Wohlmuth, Executive Director oore, Director of Housing (-)%E'( BY HOUSG AUTH J! C ON 5. LK VERIFIED BY: Ok- Original on file with City Ierk's OfficE RYES`:. Hai-n)k,,Iona-1-rr(r), Sp►e(f) ), tl►1�.�(, C i)c1 LOcCI_ i G \rda\Veronica Tapia\Word FIIes PDHA\FIVAC Bds\Staff Report HVAC RFP Contract 7-9-15.doc Contract No. HA34450 EXHIBIT C CONTRACT This Contract is made and entered into this day of . 20_, by and between the Palm Desert Housing Authority ("Authority") and John Harrison Contracting ("Contractor") for the HVAC Mechanical Systems Maintenance, Repair, and Replacement Services Project ("Project"). Authority and Contractor are referred to herein as the "Parties". For the consideration described herein, the Parties agree as follows: 1. Contract Documents. The complete Contract includes and incorporates all of the following Contract Documents, whether or not attached hereto: the Contract, the Request for Proposal, the General Conditions, Special Conditions, if any, the Scope of Work, Certificates, and Plans and Specifications, if any, the most recent Greenbook Specifications and all official papers and documents relating to the work to be performed hereunder, and all modifications incorporated in these documents before their execution. Any and all obligations of Authority and Contractor are fully set forth and described herein. If there are any inconsistencies between the Agreement and any document referenced in the Agreement or other Contract Documents, the precedence of documents shall be as follows: (1) This Agreement, (2) Approved and fully executed change orders, (3) the Request for Proposals, (4) Any Plans and Specifications, including Technical Specifications, (5) Any Specific Conditions, (6) Any General Conditions, (7) Greenbook Specifications 2. Scope of Work. The Project involves performing all work and furnishing all labor, materials, and equipment, as provided by the Contract Documents, upon a Job Order from the Authority as set forth in the Schedule of Charges.. Contractor shall not perform any Work on the Project unless a Job Order is issued by the Authority. Contractor may perform Work not identified in Exhibit "B" to the extent a Job Order describing the Work to be performed and the compensation therefore is duly executed by both Parties. 3. Payment. The Authority agrees to pay and Contractor agrees to accept the amount of unit price set forth in the Schedule of Charges for each Job performed in full payment for the specific Job performed. Payment shall be made as set forth in the General Conditions. In no event shall the total payment hereunder exceed $ 150,000 and under no circumstances is Authority obligated to make any payment to Contractor unless a Job Order is provided to Contractor from Authority with instructions to proceed. 4. Contract Time. The term of this Contract shall be one (1) year from the date it was entered. Authority shall issue a Job Order to Contractor directing work to be performed. Contractor shall begin all Work, and shall complete all Work, within the time specified in the Job Order. Except in cases of emergency, Contractor shall have at least [2] calendar days to begin Work specified in a Job Order. If Contractor fails to begin and complete Work within a timely manner, the Housing Authority may hire a third party to complete the Work and charge the difference in cost to the Contractor. This remedy shall be cumulative to all other remedies available to the Housing Authority. 5. Emergency Work. The Contractor shall provide 24/7 on -call service availability for emergency calls or other type of outages with a 30-minute returned phone call response time. A minimum of two (2) local service technicians employed by the Contractor shall be residents in Page 122 Contract No. HA34450 an area within a maximum of a thirty (30) mile radius of the City of Palm Desert, and the Contractor shall maintain a field office and/or warehouse that is within thirty (30) miles of the City of Palm Desert. 6. Performance of Services. Services shall be performed by qualified and trained service personnel. The Contractor shall provide a minimum of two certified technicians. One is required to have at least 10 years of refrigeration, and/or mechanical, and control experience. Both technicians must have overall knowledge of all of the equipment at each of the properties. Both technicians shall be qualified to work on electrical systems. Unless otherwise approved by the Authority or its designee, the Contractor shall perform construction operations and maintenance of equipment pursuant to the times required by Palm Desert Municipal Code Section 9.24.070. All services shall be performed by Contractor and its employees unless the Housing Authority consents in writing to the subcontracting of any Work. 7. Manufacturer's Specifications. Contractor shall maintain, repair, and install all equipment in accordance with the manufacturer's recommendation unless specified by the Housing Authority in writing. 8. Maintenance Plan. Contractor shall implement a preventive maintenance program that shall be computer generated, based on run time, manufacturer's recommendations, and a historical data bank of similar equipment. 9. Annual Review. Prior to the end of the Contract Term, or any extended annual Contract Term, Contractor shall perform an annual review to verify energy savings, overall cost reduction through repairs, replacement, and proactive preventative maintenance. 10. Provisions Required By Law. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. 11. Indemnification. Contractor shall provide indemnification as set forth in the General Conditions. 12. Prevailing wages. This Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260 or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. Contractor shall duly maintain certify payroll records and shall file such records with the Department of Industrial Relations in the manner required by the Department of Industrial Relations at least once a month. At all times while performing work hereunder, Contractor and all subcontractors shall be registered with the Department of Industrial Relations to perform public work. 13. Insurance and Bonds. Contractor shall submit all required insurance certificates and bonds within ten (10) days of execution of the contract and prior to performing any Work. Insurance Certificates shall comply with the requirements of Exhibit D to the Request for Proposal. Contractor shall submit Payment and Performance Bonds in substantially the same form as Exhibits E and F to the Request for Proposal for the full Not -To -Exceed Amount of the contract. The Housing Authority may require an increase in the bonding amount upon a change to the Not -To -Exceed Amount. Page 123 Contract No. HA34450 14. Schedule of Charges. Contractor shall be entitled to compensation in accordance with the following Schedule of Charges. Any Work that is not reflected in the Schedule of Charges shall be performed at a charge agreed in writing by both parties prior to performance of the work. [SCHEDULE OF CHARGES TO BE INSERTED PRIOR TO EXECUTION] IN WITNESS WHEREOF: The Contract is executed by the Authority's authorized representative. AUTHORITY CONTRACTOR By: By: Executive Director Owner Print Name Print Name Date: Date: Page 1 24 2.015 Palm Desert Housing Authority 7-0/1, rvi<-11nlowtru `..prvif (") rIcpc1 JOHN HARRISON CONTRACTING I I I !; ; ! c. • Mauriclo Blanco 1.s : .IHC, Inc 6/25/2015 • TABLE OF CONTENTS Transmittal Letter Page 2 General Company Information Page 4 Work Environment Page 6 References Page 8 Approach to the Work Page 9 Explanation of Costs Page 10 Regular Maintenance Plan Page 11 Potential Discounts or Cost Savings Page 12 Appendix A Page 14 Questionnaire Form Exhibit A Proposal Cost Form Exhibit B 1 l'a c c JOHN HARRISON CONTRACTING A. TRANSMITAL LETTER Dear Palm Desert Housing Authority, Ensuring that Palm Desert Housing Authority (Authority) residents, which primarily consist of seniors and fixed income tenants, have access to conditioned air is vital. The residents live in an area where the temperatures during the summer soar over 110 degrees and dip near freezing in the winter — proper operation and extending the life expectancy of existing and new qualified Heating, Ventilation, and Air Conditioning (HVAC) units is critical and can be accomplished through proper installation and maintenance. The Authority issued a Request for Proposal (RFP), seeking the most qualified 1IVAC Company to service, replace, and maintain the HVAC equipment for its 11 properties. The Authority will award a one-year contract to a service company that is cost effective, and has the experience, knowledge, and skillset to install and service HVAC units according to California and manufacturer's standards, resulting in energy and hill savings to tenants, and cost savings to the Authority by minimizing the need to replace the equipment prematurely. John Harrison Contracting (JHC), lnc., a certified minority owned company, registered with the Department of Industrial Relations , has proven experience achieving the high standards sought out by the Authority. With over 25 years of experience, JHC has assisted thousands of households improve their quality of life and save money by repairing, maintaining, and replacing old inefficient HVAC systems with new high -efficiency units in the counties of San Bernardino and Riverside, including the city of Palm Desert. JHC has continuously achieved its contractual obligations by delivering timely, quality, and professional services. As a result, JHC's clients, which include Southern California Edison Co, Southern California Gas Co, and RPM Company, have continuously extended and expanded JHC's role in their HVAC service and replacement plans. Our team works with a hands-on approach that incorporates a caring and personal touch. Because our team has extensive experience and a deep understanding about budget restraints, we engage all of our resources to ensure budgetary and service goals are achieved while consistently maintaining the highest levels of quality and customer care. On behalf of the management team and staff at JHC, we thank you for the opportunity to submit a proposal to service the 11 public housing properties in the city of Palm Desert. We believe our proposal meets or exceeds the RFP requirements and our years of experience in this industry, our JOHN HARRISON CONTRACTING ability to leverage the utility's energy efficiency programs, and economies of scale leveraging opportunities with suppliers and distributors will demonstrate we are highly qualified to perform the services outlined in the RFP. "This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the Respondent has not directly or indirectly induced or solicited any other Respondent to put in a sham bid, or any other person, firm or corporation to refrain from submitting a proposal; and the Respondent has not in any manner sought by collusion to secure for themselves an advantage over any other respondent. Thank you for the opportunity to bid on your Request for Proposal." Should you have any questions regarding the RFP response, including JHC's extensive experience, our company's green initiatives, safety and social responsibility programs, or the job creation strategy, please do not hesitate to contact me at (760) 322-2653. Sincerely, Mauricio Blanco, President and CEO, JHC, Inc. B. GENERAL COMPANY INFORMATION JHC's Summary of Benefits to You • A small, yet strong business that offers you personalized service that can deliver services with the capacity of a large corporation • Over 25 years providing HVAC services to Coachella Valley residents • Ability to leverage existing utility resources and programs to extend free and discounted services to the Authority and its residents • Ability to leverage economies of scale opportunities to offer high quality HVAC equipment and other appliances at the lowest possible cost • Key personnel have demonstrated experience servicing the Authority's properties and its residents • JHC is a certified Diverse Business Enterprise John Harrison Contracting (JHC), Inc., a Minority Business Enterprise was established in 1987 to help households in the counties of Riverside and San Bernardino address their energy conservation and cooling needs. With over 25 years of experience, JHC has delivered energy efficiency services to thousands of households under contract by the southern California utilities and Public Housing Authority for various Coachella Valley communities. In its 25 years, JHC has continuously achieved its contractual obligations by delivering tirnely, quality, and professional services. As a result, JHC's clients have continuously extended and expanded JHC's role in their energy efficiency program plans. JI IC has extensive experience in conducting energy -efficiency program services that target single and multi -family dwellings, as well as mobile homes, including those occupied by low-income families. Services include: • Marketing, Outreach, and Enrollment • Central air conditioner and heat pump, installation, replacement and recycling • Forced air furnace repair, installation, and replacement • Duct testing and Sealing • Appliance installation, replacement and recycling • Packaged Terminal and Ductless System Installation, replacement and recycling • Window or wall air conditioner / heat -pump installation, replacement and recycling • Window or wall evaporative cooler installation, • Weatherization services At JHC, we are honored to be working alongside utilities and their partners in these fundamental energy efficiency programs that help improve the lives of many, including senior and low- income households. Through these collaborations with utilities and local governments, JHC is dedicated to help residents save on their monthly utility bills and at the same time, contribute to the improvement of our environment by delivering/installing high quality, high -efficiency HVAC equipment, appliances, and lighting devices. 4I1' c Contact Information JI HC, Inc Mauricio Blanco 1143 W Lincoln St, Ste 2 Banning, CA 92220 760-322-2653 MJ B @i hco ntract i ng. com Insurance and Bonds JHC currently performs services for the Authority and RPM Company, and complies with the Authorities insurance and bond requirements. Upon request, JHC will immediately provide the documentation required by the Authority. Licensing And Registration: • California State Contractors License # 697530 • B - General Building Contractor • C20 — Warm -Air Heating, Ventilating and Air -Conditioning Contractor • C38 — Refrigeration Contractor • Environmental Protection Agency — Lead Certification # NAT-124914-1 • Environmental Protection Agency — Refrigeration Certification # 1041945552641831 M • Department of Industrial Relations Registration # 1000014886 • Supplier Clearinghouse — o Certified Minority Business Enterprise — VON:9FN00107 Diverse Business Enterprise DBE Status We are currently members of the California Suppliers Clearing House, please reference the attached certificates. aiPP! N,trunnarxu ,f1111ttf,1'1 in,c inl Mission Statement To offer best in class customer service and to deliver high quality energy -efficiency solutions to help families improve thcir quality of life. 5I1'c C. WORK ENVIRONMENT JHC's management team is committed to actively promote a healthy work environment that supports and fosters employee growth and work -life balance, while maintaining excellent relationships with all its clients. There is mounting evidence that unhealthy work environments contribute to high attrition rates, low productivity, and ineffective communication methods that lead to conflict and stress amongst key personnel and clients. JHC's plan to promote and sustain a healthy work environment revolve around five basic principals, which include Communication, Collaboration, Effective Decision Making, Active Leadership, and Meaningful Recognition. The creation of healthy work environments is imperative to ensure employee retention to secure and sustain the appropriate staffing levels of a skilled workforce. Facilities and Employees JHC staffs 36 employees, including 22 field service representatives, 2 field supervisors, an operations manager, and 4 customer service representatives. Employees are located throughout JHC's service area, including HVAC technicians located in the Coachella Valley. JHC is proud of its collaborative with the 29 Palms Marine base and Mayfield College. The college has established a specialized HVAC course for Marines transitioning back to civilian life to obtain their HVAC Technician certification. Upon successful completion of the course, the college and JHC engage in cxtcrnship opportunities for its graduates. To date, JHC has offered full-time employment to four military graduates and two more to start in July. JHC's facilities currently include a 2,000 sq. ft. office and a 10,000 sq. ft. warehouse in the city of Banning, located within the 45 miles of the facilities to be serviced. Background Checks JHC conducts a background check on all its employees utilizing a service from an industry leader in pre -employment screening services. The background check evaluates items such as criminal, civil, and DMV record, as well as a drug screening. Additionally, certain employee classifications are required to obtain a Home Improvement Sales Registration (HISR) number from the California State Licensing Board, which also conducts a thorough background check utilizing LiveScan. 6I1'c 4.4 Safety Standards JHC employees and management team have set safety as the top priority for the company. We foster a safe work environment through communication, providing the right tools, and empowering employees to take action. We require that all employees and partners plan and conduct all work in a manner that is consistent with the safety of persons and property, and in compliance with reasonable and safe working practices and with applicable federal, state and local laws. JHC maintains a safety program, including but not limited to Injury and Illness Prevention Program, Heat Illness Prevention, and onsite safety training. Giving Hearts JHC and its employees have one common vision, to enhance the quality of life of those around us through the services we offer and through our employee volunteer program. We recognize giving back to our communities and families in need is the right thing to do — and we enjoy doing it. Through our Giving Hearts employee program, we engage in activities to promote a healthy environment by helping families in need, with the goal to encourage strong moral standards amongst our communities. Through Giving Hearts, we have supported the following organizations: • Banning Senior Center — Donated labor and material to renovate courtyard • Lincoln Elementary — Financial assistance, donation of trees and labor to plant, donation of labor and material for school mural • Shoes That Fit — Donated shoes to less fortunate students at Agua Caliente Elementary • Blood Drives — Employees, neighbors and their families have supported several blood drives • Wounded Warrior Project Employee elected organization for annual company match charity donation • Thanksgiving and Holiday food baskets — deliver funds for Thanksgiving dinners and Holiday gifts/dinners to less fortunate families identified throughout the year by our field staff through the service delivery process Our approach is simple; help those in need in any way possible, because any assistance, even if small can make a big difference. We hope our efforts inspire others to help someone today. D. REFERENCES JHC has considerable experience in servicing, maintaining, and installing HVAC equipment and related services, including servicing of warranties for the Southern California utilities and market rate clients. We have installed thousands of HVAC systems and appliances over the past 25 years and have done so in a timely and diligent fashion. The following table includes professional references. Southern eilii'Ornia) dison 1515 Walnut Grove Ave Rosemead, CA 91770 (626) 302-0735 Davi Ibarra — Project Manager Davi.ibarraesce.com Southern California Gas Co 555W5thSt Los Angeles, CA 90013 (213) 244-3335 Craig Allen — Project Manager CDAllen@semprautilities.com AirCold Supply/Ferguson 2751 Durahart St Riverside, CA 92507 (909) 636-9623 Donnie Evans — Territory Manager Donald.Evans@Ferguson.com Linder contract, conduct outreach, enrollment, assessment, and installation services for SCE's ESA and MIDI program. Annually service over 5,000 low -to -middle income households. Under contract, service, repair and replace gas wall furnaces and forced air furnaces for SCG's ESA program. Annually service approximately 1,000 low -to -middle income households. Provide warranty service for ICP products sold by AirCold supply. 8I1'e c E. APPROACH TO THE WORK JHC has been servicing the Authority's facilities through the utilities' ESA Program or through market -rate services for approximately two -years. During this timeframe, JHC has replaced over 200 HVAC units at minimal cost to the Authority. The scheduling and planning of thc work to be completed is as important as the actual replacement of the equipment in order to minimize disruption to the residents and property management team. Our Multi -family building coordinator works directly with the RPM property managers or a designee to plan the work. Typically, our Field Technical Supervisor (FTS) who has over 11-years' experience installing, servicing, and maintaining HVAC equipment will diagnosed and repair the equipment at the Authority's facilities. Through this one-to-one client approach, the FTS has become well versed on the facilities and the equipment, allowing for timely resolutions to most service needs. After completing the diagnostic, unless otherwise indicated by the Authority or its designee, JHC will submit its findings, recommendations, and quote before proceeding with the work. For any work not completed by the FTS, JHC will continue utilize its two -man crews, or its senior tech who carries over 30-years' experience. Each crew has a lead technician who typically has over 10 years' experience. The work at the Authority's properties will continue to be monitored for quality by the FTS, Quality Control Supervisor (QCS) and/or Operations Manager. The work will continue to be conducted within the rules adopted in the Palm Desert Municipal Code Section 9.24.070 or according to the Authority or RPM Company standards. JHC plans to utilize the procedures listed in Appendix A, approved by RPM Company in 2013. Customer Service JHC services a diverse customer base that includes low -to -middle income, disabled, and non- English speaking customers. Our customer service representatives and field representatives receive annual customer service and sensitivity training to ensure we provide high quality customer service to all customers. Each field crew, as well as the customer service representatives have thc ability to communicate with customers in Spanish and English. JHC works with a translation service company for individuals who need assistance in languages other than English and Spanish. JHC clients and/or customers will contact JHC directly for any HVAC service. A representative will attempt to troubleshoot the potential issue over the phone, and if the issue cannot be resolved, the representative will dispatch a technician to diagnose the equipment. Plan for On -Call and Emergency Services JHC recognizes the urgency of repairing inoperative units during the extreme climate periods. We will make every effort to resolve these matters in a timely fashion to reduce any health and comfort risks. Because of the complexity of HVAC equipment, we strongly recommend to contact us via telephone. However, clients will have the option to email our service center. JHC will leverage its existing infrastructure that allows clients access to its on -call technician by contacting our office and selecting the emergency after-hours service phone prompt. When making that selection, the caller will he routed directly to our technician who can provide 9Il'a;,c c immediate assistance or if unavailable, can call back the caller. JHC will make every effort to return all calls within 30-minutes of receiving thc call. In case of emergencies, JHC will make every effort to offer same day resolution to inquiries received before 10:00 a.m. and in situations where it is not possible, the inquiry will be scheduled within 24-hours after the client speaks to the representative, except when requested by the client/customer. If the unit cannot be repaired within a reasonable period (e.g. requires specialty parts), JHC will collaborate with the client to set-up temporary cooling solutions to the home until the unit is repaired. Quality Control JHC's compliance group monitors quality, as well as compliance with specific client requirements and local code. The Field Technical Supervisor and Quality Control Supervisor monitor the quality of the work performed at the time of installation and post installation. Post installation quality control efforts are typically done on the same day of the visit to minimize disruption to customers and only with customer's prior approval. The compliance group also monitors the quality of all paperwork to ensure the information is accurate, and that we have account for all required documentation, including city or county permits, and HERS verification. To ensure all units meet JHC's quality requirements, JHC requires that all installations are verified by a third party HERS rater. Service information is filed in a secure manner to ensure customer and/or client information remains confidential. F. EXPLANATION OF COSTS JHC understands the importance of remaining cost effective to allow the Authority to best manage and maximize its budget. Therefore, JHC will hold pricing for the one-year contract period. If the Authority extends the contract beyond one year, JHC will evaluate thc impacts to determine any potential cost increases associated with the delivery of services. Such impacts include, but are not limited to change in code by the California Energy Commission / Title 24, change in cost of raw goods that affect thc cost of equipment, or change in scope of work. In the event that JHC cost to procure the product decreases, JHC will extend the discount to the Authority. The fees proposed for thc RFP include costs to meet Labor Code section 1771, general prevailing rate of per diem wages. If prevailing wage seizes from being a requirement, JHC will adjust its rates accordingly. We recognize the Authority's request to submit maintenance work as a lump sum price for each property, and although it is possible, we believe offering a lump sum amount may he misleading because JHC will leverage the ESA Program to maintain the units replaced through the utility's program at no cost to the Authority. This leveraging opportunity is further described in Section H — Potential Discounts or Cost Savings. 1'hc lump sum would not represent those units maintained at no cost, therefore, JHC respectfully submits for consideration a per unit maintenance cost. 1011':tt c We applaud the Authority for seeking cost on the higher efficiency, 15+ SEER systems. The higher efficiency equipment benefits the tenants for bill savings, the community to avoid potential black outs by reducing load, and benefits the Authority by enhancing its property offerings. JHC recommends a planned approach to the higher efficiency units to ensure the Authority's investment is cost effective. For example, the equipment JHC is proposing reaches 15+ SEER when combined with a new furnace. This option offers a complete new matching system under warranty that achieves the same or better savings than just utilizing a 15 SEER condenser. Through this planned approach, JHC recommends visiting the 16 SEER equipment that may be eligible for Federal rebates. Combining the rebate with JHC's economies of scale procurement discounts could make the 16 SEER systems cost effective for the Authority. G. REGULAR MAINTENANCE PLAN The efficiency of a Central Air Conditioner begins to degrade after the first year of installation, and continues to lose efficiency every year after if not properly maintained. Failure to keep the units tuned up and maintained may affect the units expected lifespan and reduce the unit's efficiency; resulting in higher utility bills and repair costs. JHC is proposing a maintenance plan to keep air conditioners operating at peak efficiency, ensure continued operation throughout the unit's expected life span, improve health and comfort, and to educate the tenants on operation efficiency. JHC proposes to perfonn annual or semi-annual maintenance services to central AC units in working condition that are free of major defects, at the Authority's properties with central HVAC equipment. Proposed process (High-level) • JHC will utilize HVAC software, specific to preventative maintenance to monitor, track, and schedule service o For units serviced through the ESA Program, JHC will utilize SCE's proprietary software to schedule service • JHC will work directly with the onsite property managers to schedule the appointments • During the 1" quarter of each year (or as requested by the Authority or its designee), JHC will provide the RPM team a maintenance schedule for each participating complex • RPM/property managers will notify each tenant with sufficient notice to guarantee JHC technicians access to the AC equipment • JHC will begin performing maintenance during the 2"`i quarter of each year to prepare the units for the cooling season Description of Work HVAC Unit • Check and clean condenser and condenser coil • Check and clean blower components • Check and tighten electrical connections • Lubricate all moving parts • Inspect and flush condensate line • Inspect and replace filter Regular Maintenance Fee Service Maintenance Refrigerant Charge Optional - Duct Test Optional - Duct Scaling • Check air flow • Check temperature drops • Check start components • Check motor amps • Check compressor amps • Check pressure controls • Check gas connections • Chcck refrigerant level • Check unit for leaks • Check t-stat operation Education • T-stat temp settings • Filter replacement • Other cooling methods Thermostat • Check Operation Optional — Duct System • Test • Seal as applicable Schedule Cost $90.00 per unit — Any season R22 $35.00 per pound / 4I 0A $18.00 per pound $130.00 Up to 60 Minutes $125 61 to 90 Minutes $150 Over than 90 Minutes $200 Note: Does not include new duct runs H. POTENTIAL DISCOUNTS OR COST SAVINGS Energy efficiency programs date back to the energy crises of the 1970s, when soaring energy prices led utilities to promote energy conservation so customers could reduce their energy consumption to lessen the impact of the higher energy rates. The programs have grown significantly since their introduction back in the 1970s; today energy efficiency is recognized worldwide as a key and valuable energy resource. JHC is honored to be working alongside utilities and their partners for over 25-years in these fundamental energy efficiency programs that help improve the lives of many, including senior and low-income households. JHC is proud to be one of three authorized HVAC replacement contractors for SCE's ESA Program that offers HVAC replacement services at no cost to applicants. In renter -occupied dwellings, property owners are required to pay a $500.00 co -pay for the replacement of a central air -conditioner, resulting in a savings of several thousand dollars when replacing one system, and hundreds of thousands when replacing the hundreds of units owned by the Authority at the properties listed in this RFP. In SCE's recent program application to the California Public Utilities Commission (CPUC), SCE requested the co -pay to he waived from future installations in renter -occupied dwellings. The CPUC is expected to issue a decision related to this matter during the 4th quarter of 2015. 12I1': �(2 Through these long-standing relationships, the Authority can observe cost savings through: • ESA Program replacements at no cost or with a $500.00 co -pay • Utility / state rebates for high efficiency HVAC equipment, when funds available • ESA Program HVAC maintenance service offered at no cost for systems previously replaced through the utility's program • Leveraging o Receive other services through the ESA Program and Middle Income Direct Install services, such as free refrigerators, lightbulhs, and weatherization o Obtain rebates for Multi -family buildings offered by the utilities o Observe cost savings through JHC's access to the utility's purchasing power resulting in economies of scale discounts for high quality HVAC equipment and appliances o Replace furnace at minimal costs at the time of air conditioner replacement to avoid future labor, permit, and Title 24 charges 13II':II!c APPENDIX A Procedures for delivering services to PDIIA Properties 1. When applicable, JHC will schedule service with no less than 48-hour notice to the property manager. a. The multi -family coordinator will notify the Property Manager verbally and via e-mail 2. When first arriving, JIIC trucks will make an effort to find a visitor parking spot. If one is not available, the crew will locate an alternate parking location near the work site. They will avoid blocking access to the trash or other public areas. 3. The crew lead ("Lead") will notify the property manager or representative ("Rep") of their arrival. If not parked in a visitor location, the Lead will obtain the Rep's approval for the parking location. 4. The Lead will notify the Rep of the unit(s) JHC will service and wait for the Rep to arrive at the location before entering the customer premises. The Lead will contact the Rep at ( ). The Rep will be available between a.m. and p.m. on the date of the service appointment. Unless authorized, The Rcp must be present before the Jl-IC crew can enter the customer's residence. 5. With the Rep present, The Lead will introduce themselves and the company to the customer and will briefly explain the reason for the visit. The Lead will only communicate information related to the program or the work to the customer. If the customer raises any concerns unrelated to the program or installation, the Lead will instruct the customer to contact the office. 6. Upon receiving permission to enter the premises, the Lead will a. Provide further details about the work and approximate time it will take to complete the work h. Notify the customer of which rooms in the home the crew will enter to conduct the work and the reason for entering the room(s) c. Conduct a walk-through with the customer and the Rep of the area(s) where the work will be conducted d. Notify the customer and Rep of any existing damage to the customer's property, including any stains to carpet, furniture, etc. c. If the customer has any valuables exposed, such as money, Jewelry, or medication, the Lead will instruct the customer to secure the item(s) before starting the work. i. If the customer refuses to secure the items, the crew will remove themselves from the premise and will immediately notify the JHC office. f. The crew will not enter any area of the residence where they will not conduct any work. g. The crew will prepare the work area as normal (tarps, clear path, etc) 7. Upon completing the work and prior to leaving the premises, the Lead will a. Contact the Rep b. Conduct a walk-through of the area(s) where the crew worked with the customer and the Rep c. Will note, on the service form "Final walk-through approved" and obtain the customer's initials next to the note. i. If the customer has any concerns, the I.ead will immediately notify the JHC office d. Advise the customer that the work is complete and that the crew will be leaving the premises. In addition. to minimize potential scheduling mishaps, we will notify you of the schedule via e-mail of the units we will service each week. 14j1)ii .c • EXHIBIT A QUESTIONNAIRE FORM I. BACKGROUND INFORMATION. John Harrison Contracting, Inc 1. Company Name 2. Address 1143 W Lincoln St, Banning, CA 92220 3. Telephone No. 760-322-2653 4. Type of Firm (Individual, Partnership or Corporation) Corporation 5. Corporation organized under the laws of the State of California 6. Contractor's License No. 697530 Exp. Date 10i31/2016 7. Department of Industrial Relations Contractor Registration number: 1000014886 8. List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: Mauricio Blanco President and CEO John Harrision Executive VP Monica Marroquin CFO 9. Number of years' experience as a Contractor in HVAC work 30 10. List at least three similar projects completed recently: Contract Amount Class of Work Date Completed 1 - $5,000 (Co -pays) 2. S10,000 (Co -pays) 3• $32,500 (Co -pays) Replaced 10 HVAC systems in complex Replaced 20 HVAC 2015 systems in comnlcx Replaced 65 HVAC systems in complex Name, Address & Telephone No. of Owner 2015 Whelan Properties 16350 Pebble Beach Ur, Victorvillc, CA 92395 Alberto Ambnz 714-865-3966 15762 Tuscola Rd. AppleVallcy CA 92307 2015 Marta Kim. 760-464-3954 5 Via Las Colinas. Rancho Mirage, CA 92270 So Cal Edison - Replace approximately 1,200 HVAC systems for the ESA Program annually in single -,multi -family, and manufactured home dwellings 11. List the name of the person who inspected the site of the proposed work for your firm: Mauricio Blanco, Jonathan Wren, and Peter Noriega Page 18 II. QUALIFICATIONS j 1. Are you currently an approved vendor for Rebate Program authorized by SCE or PUC? ❑■ Yes ❑ No Identify the program(s): ESA Program, Middle Income Direct Install Program, Multi -family Rebate Program 2. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended or revoked within the last five years? ❑ Yes 0 No If "yes," please explain on a separate signed sheet. N/A 0 3. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years? ❑ Yes C No If "yes," please explain on a separate signed sheet. N/A 4. At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving a government contract? ❑ Yes LI No If "yes," explain on a separate signed page, including the nature of the crime. N/A 5. At any time in the last five years has your firm been assessed and paid liquidated damages under a construction contract? ❑ Yes 0 No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. N/A o 6. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any govemment agency or public works project for any reason? ❑ Yes 0 No If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre -qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. N/A Page 19 • • • 7. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ❑� No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. N/A 8. In the past five years has any claim against your firm conceming your firm's work on a construction project been filed in court or arbitration? ❑ Yes ❑■ No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). N/A 9. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes U No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). NIA 10. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to a govemment contract? ❑ Yes ❑■ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. N/A 11. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes U No If "yes," attach a separate signed page describing each citation. N/A 12. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. Page 110 ❑ Yes ❑■ No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. N/A 13. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? ❑ Yes • No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). N/A III. REFERENCES 11 Provide at least three (3) references for whom who have provided HVAC maintenance, repair, and/or replacement services (additional references may be provided): (1) Contact Name: Davi Ibarra Company/Organization: Southem California Edison Address: 1515 Walnut Grove Ave Rosemead. CA 91770 Phone Number: E-mail: 626-302-0735 Davi.ibarra@sce com (2) Contact Name: Craig Allen Company/Organization: Southern Califomia Gas Co Address: 555 W 5th St Los Angeles, CA 90013 Phone Number: E-mail: 213-244-3335 CDAllen@semprautilities.com (3) Contact Name: Donnie Evans Company/Organization: AirCold Supply / Ferguson Address: 2751 Durahart St Riverside, CA 92507 Phone Number: E-mail: 909-636-9623 Donald.evans@ferguson.com Page 111 J J • • • IV. FINANCIAL INFORMATION 1. Can you provide a financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition upon request of the Housing Authority? El Yes ❑ No Marking "no" may be grounds to reject the proposal. Financial statements will remain confidential. Financial statements will only be requested of firms who are in consideration for award of a contract. 2. Was your firm in bankruptcy at any time during the last five years? ❑ Yes • No If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued; indicate if the bankruptcy has not yet been discharged. N/A The undersigned hereby swears under penalty of perjury that this information provided is true and correct. By: Signature Date: Name/Title: Mauricio Blanco / President & CEO Page 112 • • • EXHIBIT B PROPOSAL COST FORM I. REPLACEMENT COSTS Costs should be stated as the cost to replace one (1) unit in accordance with the stated specifications. The cost shall be inclusive of all materials, equipment, labor, overhead. profit. and other costs. 1 2 Laguna Palms - 48 homes/50 units 1 LS $ SEE ATTACHED 48 PTAC 14,000 BTU 230V Amp Heat PRICING SHEET Pump Units 2 Wall Split AC for Maint and Laundry Manufacturer: Model No: 1 LS $ Neighbors - 24 homes/25 units 1 LS $ 410A, 2-ton 13 SEER Heat Pump SEE ATTACHED Condenser and matching Air Handler PRICING SHEET Alternate: 15+ SEER Manufacturer: Model No: 1 LS $ One Quad Place - 384 homes/393 units 1 LS $ SEE ATTACHED PRICING SHEET 410A, 2-ton 13 SEER Heat Pump 3-Ton AC Heat Pump System for Maint/Laundry Room 3 Window AC for Laundry Room 2 3 5-Ton AC for Office/Laundry Room 1 & 1 LS $ 1 LS $ 1 LS $ Page 113 4 5 6 4/Headstart Room Wall Split AC for Corp Office on Floor Alternate: 15+ SEER Manufacturer: Model No: 1 LS $ SEE ATTACHED 1 LS $ PRICING SHEET Palm Village — 36 homes/39 units 1 LS $ SEE ATACHED 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil PRICING SHEET Wall Split AC for Maint Shop/Laundry Alternate: 15+ SEER Manufacturer: Model No: Taos Palms -16 homes/16 units 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit Altemate 15+ SEER Manufacturer: Model No: 1 LS $ 1 LS $ 1 LS $ SEE ATTACHED PRICING SHEET 1 LS $ Candlewood 30 homes/31 units 1 LS $ SEE ATTACHED 410A, 2-ton 13 SEER AC Condenser and PRICING SHEET matching Refrigerant coil Alternate: 15+ SEER 1 LS $ Page 114 • • • 7 8 Manufacturer: Model No: SEE ATTACHED PRICING SHEET Catalina Gardens 72 homes/77 units 1 LS $ 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Alternate: 15+ SEER Manufacturer: Model No: 1 LS $ SEE ATTACHED PRICING SHEET La Rocca Villas 27 homes/28 units 1 LS $ 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil Alternate: 15+ SEER 410, 5-ton 15 SEER AC Condenser for Laundry Room Manufacturer: Model No: 1 LS $ 1 LS $ SEE ATTACHED PRICING SHEET Las Serenas 150 homes/152 units 1 LS $ SEE ATTACHED 410A, 2-ton 13 SEER Heat Pump PRICING SHEET Condenser and matching Air Handler Alternate: 15+ SEER 9 410A, 5-ton 15 SEER Heat Pump Condenser and matching Air Handler for 1 LS $ 1 , LS $ I 1 i Page J 15 office/clubhouse/laundry room/maint Manufacturer: Model No: SEE ATTACHED PRICING SHEET Pueblos 15 homes/16 units 1 LS $ 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit 1 LS $ Wall AC 12,000 BTU for laundry room Altemate 15+ SEER Manufacturer: Model No: 10 1 LS $ SEE ATTACHED PRICING SHEET Sagecrest Senior 14 homes/14 units 1 LS $ 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit Alternate: 15+ SEER Manufacturer: Model No: 11 1 LS $ SEE ATTACHED PRICING SHEET Page 116 J J • • • II. MAINTENANCE COSTS Regular maintenance work shall be stated as a lump sum price for each property, by season. Each season shall be three (3) consecutive months with "Spring" consisting of March -April -May, unless otherwise stated. The proposal shall clearly explain the scope of work Included in the price for regular maintenance work and any work that is specifically excluded. All rates shall be inclusive of all charges including but not limited to the charges for overhead, profit, labor, equipment, tools, and all other costs. 1 2 3 Laguna Palms - 48 homes/50 units 48 PTAC 14,000 BTU 230V Amp Heat Pump Units 2 Wall Split AC for Maint and Laundry Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Neighbors - 24 homes/25 units 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Spring Service Summer Service Fall Service Winter Service Labor Rate per Hour Labor Rate per Hour on Emergency CaII After Normal Business Hours Overtime Rate per Hour Holiday Rate per Hour One Quail Place - 384 homes/393 units 410A, 2-ton 13 SEER Heat Pump 1 1 1 1 1 1 1 1 1 EA EA EA EA EA EA EA EA EA See Attached Pricing Sheet See Attached Pricing Sheet See Attached Pricing Sheet Page 117 3-Ton AC Heat Pump System for Maint/Laundry Room 3 Window AC for Laundry Room 2 5-Ton AC for Office/Laundry Room 1 & 4/Headstart Room Wall Split AC for Corp Office on 151 Floor Spring Service 1 EA Summer Service 1 EA Fall Service 1 EA Winter Service 1 EA Labor Rate per Hour 1 EA Labor Rate per Hour on Emergency Call 1 EA After Normal Business Hours 1 EA Overtime Rate per Hour 1 EA Holiday Rate per Hour 1 EA Palm village - 36 homes139 units 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil Wall Split AC for Maint Shop/Laundry Spring Service Summer Service Fall Service Winter Service Labor Rate per Hour Labor Rate per Hour on Emergency Cali After Normal Business Hours 4 Overtime Rate per Hour Holiday Rate per Hour Taos Palms -16 homes/16 units 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit 5 Spring Service Summer Service Fall Service 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ See Attached Pricing Sheet See Attached Pricing Sheet See Attached Pricing Sheet Page 118 J J • • • Winter Service 1 EA $ See Attached Pricing Labor Rate per Hour 1 EA $ Sheet Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Candlewood 30 homes/31 units 410A, 2-ton 13 SEER AC Condenser and See Attached Pricing matching Refrigerant coil Sheet Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ 6 Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Catalina Gardens 72 homes/77 units 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler 7 8 Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency CaII 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ La Rocca Villas 27 homes/28 units 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil 410, 5-ton 15 SEER AC Condenser for Laundry Room Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 ; EA $ See Attached Pricing Sheet See Attached Pricing Sheet Page 119 Winter Service 1 EA $ See Attached Pricing Labor Rate per Hour 1 EA $ Sheet Labor Rate per Hour on Emergency CaII 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Las Serenas 150 homes/152 units 410A, 2-ton 13 SEER Heat Pump See Attached Pricing Condenser and matching Air Handler Sheet 410A, 5-ton 15 SEER Heat Pump Condenser and matching Air Handler for office/clubhouse/laundry room/maint Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ g Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Pueblos 15 homes/16 units 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit Wall AC 12,000 BTU for laundry room 10 11 See Attached Pricing Sheet Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Sagecrest Senior 14 homes/14 units See Attached Pricing 410A, 2-ton 13 SEER Packaged Sheet Gas/Electric unit or Packaged Heat Pump Unit Page i 20 J • • • SSee Attached Pricing Spring Service 1 EA $ Sheet Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Method of Calculating Parts and Cost Minus % See Page 10, Materials Costs Section F - List Minus % Explanation of Cost Additional work may be done @ Labor Rate per hour plus materials cost See Attached pricing Sheet III. PROPOSED NOT -TO -EXCEED AMOUNT Service Company proposes a Not -To -Exceed Amount of: $ see attached sheet Explain how you calculated the proposed amount: See a:cached pricing sheet ***The Housing Authority will use the proposed amount and the explanation of the Service Company's estimated amount to determine the Not -To -Exceed Amount in the contract. The final amount in the contract may differ from the amount stated above. Page 121 v co W. 0- O ...-- O A Y 9 s T R G E a O R T.; o eS Q .0 O .Op y $ O 6.1 yov G. YwA 0. VI Y G. U 0 0 , N A O e J 6V d G. °� o x a� R 3 ✓ u .Q y J� O J o N J eY d o •J H✓ A A G r G A N NO O 70 i) ed ,� a .0 0 3 v v G E .0 G r Y p ? v d ✓ed „ y u C ¢ .... O O 7 6. Ea C.) G 0 G. n ci y T JA N "GrvCm e ON co �w } 9 G d c 6y� '"r✓ N a O�^/0 ;� % GV u '' a Y4 7y ✓Y,.. ° vE dO O 6 �0 ? 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AS O 0 t Q^ O z cd ^O cA tv ca 0 0 c' 0 P. p T Gy f 0 G a w of) co a -0 c co v. 'c 0 m m d S 'A T ( 0 0_ s VI -o 0) co E. d c A 0 v a1 0 co a1 u C. ' 0 0 E co 1.0 Z a • y of b°o co 9 co 0 01 ;o C. u 03 4 A -p N 6 d ° d e c 0 -a co 0 ° c n o .�o U 4 ) ti o0 o u a. c � \.t Tapia, Veronica From: M Blanco <mjb@jhcontracting.com> Sent: Tuesday, June 16, 2015 10:24 AM To: Tapia, Veronica Subject: Read: Palm Desert Housing Authority HVAC RFP Attachments: ATT00001 Palm Desert Housing Authority Request for Proposal: HVAC Mechanical Systems Maintenance Services Proposal Closing Date: Thursday June 25, 2015 at 2:00p.m. PST The Palm Desert Housing Authority wishes to obtain professional services from a qualified firm to provide HVAC mechanical systems maintenance, repair, replacement and related services. It is the Housing Authority's intention to award this work to at least 1 firm to provide both scheduled and "on- demand" or "on -call" services as the need arises. The equipment to be maintained includes but is not limited to, air handlers, condensing units, split systems, pumps, gas fired unit heaters, package units and forced air systems. The equipment to be maintained is of various types of manufacturers, which is noted in Exhibit B. The service would be under an annual contract, with an option for the Housing Authority to renew for two (2) additional one-year terms. Selection will be based on best value to the Housing Authority. Best value is later described in Section IV: Evaluation Criteria. Please review the document carefully to ensure you are familiar with the Housing Authority's requirements. I. SCOPE OF WORK • The Palm Desert Housing Authority will accept proposals from interested and qualified California licensed contractors for normal and on -call HVAC and Mechanical maintenance services, including emergency work and repairs/replacements. The qualified contractor shall possess a Class C-20 Contractor's License. The successful HVAC and/or Mechanical Contractor(s) shall provide all materials, equipment and labor for HVAC and Mechanical services and repairs as needed for the properties identified in this RFP. • Preventive maintenance services shall be provided by the Service Company on all equipment and associated devices related to the HVAC systems as outlined within the specifications. • The Service Company shall fumish all personnel, parts, materials, test equipment, tools, and services in conformance with the terms and conditions as outlined below. • As part of the proposal, the Service Company shall submit for evaluation a comprehensive and detailed technical and business prospectus, descriptively outlining the ability to adequately and satisfactorily perform the services as requested in this specification. The requirements are set forth further in Section II Proposal Instructions. • It is the intention of this specification to establish and define those services that are to be performed and, in addition, to determine the capability and experience of the Service Company desiring to provide such services. • Award of the contract shall be evaluated on a variety of factors in addition to cost, such as technical competence, references, experience, financial ability, and other Page I 1 factors requisite to adequate and satisfactory performance of the services desired. • All Service Companies desiring to provide services specified shall visit the job sites during the specific Job Walk to become familiar with the facilities and equipment prior to submitting a proposal. No proposal shall be accepted from any Service Company unless it has been verified that there has been a visit and inspection prior to submittal. • The Service Company shall not be relieved from assuming all responsibility for properly estimating the difficulties and the cost of performing the services required within this specification, due to failure to investigate the conditions or become acquainted with all the information conceming the services to be performed. • Proposals shall specify if the Service Company is not proposing to perform, or not capable of performing, any portion of the Scope of Work. Service Company Qualifications: The following requirements shall be considered as the minimum standards for a Service Company to be considered as qualified to provide services under this RFP, and shall be a prerequisite to any award: • A period of five (5) years' experience in the performance of HVAC maintenance as specified. • The Service Company shall be registered with the Department of Industrial Relations to perform public work. The contract will be subject to compliance monitoring and enforcement. • The Service Company shall maintain a field office and/or warehouse that is within forty-five (45) miles of the facility to be serviced under this specification. • A minimum of two (2) local service technicians employed by the Service Company shall be residents in an area within a maximum of a thirty (30) mile radius of the facility to be serviced. • Services that are to be provided shall be performed by qualified and trained service personnel that are directly employed by the Service Company. Subcontracting portions of the system or services requested in this specification shall not be allowed without prior written consent of the Housing Authority. Minimum Service Requirements: • Service Company must provide a minimum of two certified technicians. One is required to have at least 10 years of refrigeration, and/or mechanical, and control experience. This is to ensure that the Housing Authority always has access to at least one of certified technician. Both technicians must have overall knowledge of all of the equipment at each of the properties. Both technicians shall be qualified to work on electrical systems. Page 1 2 • Service Company must provide 24/7 on -call service availability for emergency calls or other type of outages with a 30-minute retumed phone call response time. • Unless otherwise approved by the Authority or its designee, the Contractor shall perform construction operations and maintenance of equipment pursuant to the times required by Palm Desert Municipal Code Section 9.24.070. • Service Company shall maintain all equipment in accordance with the manufacturer's recommendation unless specified by Housing Authority representative in writing. • Service Company must obtain prior authorization for repairs or other work outside the scope of preventive maintenance work. Authorizations will be in the form of a Work Order issued by the Housing Authority. • Service Company shall perform an annual review to verify energy savings, overall cost reduction through repairs, replacement, and proactive preventative maintenance. • In accordance with Labor Code section 1771, Service Company shall pay not less than the general prevailing rate of per diem wages to all workers performing work under the contract. Service Company will be required to maintain certified payroll records in the form required by the Department of Industrial Relations and to submit certified payrolls to the Department of Industrial Relations not less than monthly. Service Company shall submit copies of certified payroll records to the Housing Authority upon request. Failure to include the DIR Contractor Registration Number shall result in the proposal being rejected as non -responsive. • Service Company shall meet all other requirement of this RFP, including but not limited to all requirements contained in the Exhibits attached hereto. II. PROPOSAL INSTRUCTIONS As stated above, the Housing Authority intends to award the work to the top rated provider. Actual work will be directed and coordinated on a job -by -job basis and Service Company may be asked for a quote at the beginning of the job using the pricing included in the proposal. Proposals should include the following: 1. A Cover Letter/ Executive Summary, including: A brief statement as to the Service Company's understanding of the work to be performed, the commitment to perform the work, and a statement as to why the Service Company believes it to be the best qualified to perform the engagement. Please also highlight any of the requirements in the Scope of Work you are not able to accommodate. 2. Signature The proposal must be signed by a person duly authorized to commit and bind the Page 13 Service Company. 3. Questionnaire Form Each Service Company shall include a completed questionnaire form with its proposal. (See Exhibit A, attached.) Failure to complete the form in full may result in rejection from the process. The Form shall include at least three (3) references. The Form must be signed under penalty of perjury. 4. Explanation of Costs Each proposal shall provide a detailed explanation of all proposed costs, including the methods for determining any potential cost increases during the course of performance of the work. The method of determining costs shall be clearly explained, particularly if any costs are based on a method other than a stated unit price. Regular maintenance work shall be stated as a lump sum price for each property. The proposal shall clearly explain the scope of work included in the price for regular maintenance work and any work that is specifically excluded. The costs for replacement of units shall be stated as a single unit price for each replacement unit, but increases in compensation may be authorized due to actual increases in the cost of the units, provided that no as -equal replacement units are available at a lower price. Any work that is to be performed on a time and material basis shall include the amount of mark-up in the proposal, which shall be inclusive of all overhead, profits, and other costs. 5. Regular Maintenance Plan The Service Company shall submit a plan for providing regular maintenance services, which may vary based on season. The Service Company shall submit data with its proposal that indicate the use of a uniform and detailed method by which preventive maintenance tasks are defined, scheduled, recorded, updated and processed. The Service Company's preventive maintenance program shall be computer generated, based on run time, manufacturer's recommendations, and a historical data bank of similar equipment. Simple computer based, run time only, or hand scheduled programs are not acceptable. 6. Plan for On -Call and Emergency Services Each proposal shall include a description of the Service Company's ability to be responsive to emergency and non -emergency on -call and on -demand work. The proposal should detail the Service Company's ability to respond to emergency calls within thirty (30) minutes. 7. Proposal Cost Form Attached as Exhibit B to this RFP is a schedule of the properties for which HVAC maintenance, repair, and replacement services are needed. A completed version of this form shall be included with each proposal. For each property, the form should indicate the proposed cost of performing regular maintenance (by season), the proposed labor costs (inclusive of all overhead, profits and other costs) for Page 14 maintenance and repair work and emergency work that is not included in the regular maintenance work, and the cost to replace one air conditioning unit (inclusive of all labor, profits, overhead, and other costs). The cost form may reference other portions of the proposal. Submittal of a completed cost form does not relieve the Service Company from submitting any other requirements of this proposal. Service Companies may provide a more detailed cost proposal than is provided in this form. 8. Potential Discounts or Cost Savings Service Companies shall provide a detailed description of any methods of providing discounts or cost savings that the Service Company may provide. Such methods may include, but should not be limited to, an identification as to whether Service Company has a contract with Southem Califomia Edison that could potentially assist with the payment for replacement of units based on income qualifications of the tenants. The Housing Authority may consider potential discounts or cost savings in awarding the contract. 9. Licensing and Registration Proof of a valid subcontractor license/certification relevant to the work, and/or A or B General Contractor's license, and all other licenses necessary for project completion are required. Each proposal must include proof that the Service Company is registered with the Department of Industrial Relations to perform public work. The Service Company's DIR registration number must be included in the proposal. This requirement may be satisfied if the information is provided on the Questionnaire Form. III. ADDITIONAL REQUIREMENTS • Background Checks. The Housing Authority may require background checks of any personnel with unrestricted access to the sites. Vendor should be prepared to have employees background checked at their own expense, upon request by Housing Authority. This would typically include 'Live Scan' fingerprinting and subsequent checks of Department of Justice and Federal Bureau of Investigation records. The cost of this type of background check differs depending on where the check is initiated, but is typically less than $100 per person. • The Service Company must demonstrate that it has the technical expertise, facilities, capabilities and financial resources necessary to perform all work in a satisfactory manner. • Part of the selection process may include a credit check and financial evaluation of the business/independent contractor. Credit and financial information will be kept confidential. IV. EVALUATION CRITERIA Page 15 The Housing Authority reserves the right to cancel or modify this Request for Proposal for any reason without any liability to any Service Company or to waive irregularities at its discretion. This solicitation does not constitute a contract offer of employment, or offer of purchase. The Housing Authority makes no representation that any contract will be awarded to any respondent to this solicitation. The Housing Authority also reserves the right to reject any and all proposals at its sole discretion. The contract, if awarded, will be awarded to a Contractor whose proposal is considered the best value to the Housing Authority. Best value will be determined based on price, responsiveness, capability and responsibility. The following factors will be taken into account to determine price, responsiveness, capability and responsibility: 1) Demonstrated ability of the vendor to provide the required maintenance and repairs. 2) Contractors' understanding of the needs and objectives of the Housing Authority. 3) The qualifications of the vendor and our perception of the ability of the vendor to meet the terms of the RFP. 4) Reference and other pertinent checks. 5) Scope of plan for regular maintenance services. 6) Financial terms of proposal. 7) Fiscal soundness of firm. 8) Completeness and professionalism of submission. 9) Submissions which are deemed incomplete may be eliminated as not being responsive. The award of the contract will not be determined solely on price. Although price is a key factor, the Housing Authority will consider awarding the contract to the Contractor that meets the best interest of the Housing Authority as interpreted by the Housing Authority. The Housing Authority reserves the right to modify the scope of required services based on pricing of proposals, available budget, and priority of requested services. The final determination will be incorporated in the final agreement for services (contract). V. TERMS AND CONDITIONS Proposals are subject to the following terms and conditions: • Not -to -Exceed Amount. The total amount paid for all labor, materials, tools, equipment, supplies, services, incidental and customary work and administrative costs, including printing and related costs, and all other work performed under the contract shall not exceed the amount set forth in the contract, without a written change order duly authorized by the Housing Authority Board. The Not -To -Exceed Amount will be determined based on the proposed costs, scope of work, and estimated repair and replacement needs during the term of the contract. Page 16 • Contract Term. The term of the agreement resulting from this solicitation will be for the period of one (1) year with the option for two (2) - one year extensions at the discretion of the Housing Authority Board. The Contract will be in substantially the same form as the contract attached as Exhibit C. The final contract will incorporate the appropriate terms and conditions from this solicitation, including the proposed costs and scope of work. • Work Orders. Actual work and work schedule will be initiated by' Work Order" as a need is identified. Completed work shall be invoiced monthly and paid within 30 days of the Housing Authorities receipt of an undisputed invoice. Compensation will be based upon a schedule of charges contained in the contract unless otherwise agreed to in writing by the Housing Authority. • Insurance. Service Company shall not commence work until it has provided evidence satisfactory to the Palm Desert Housing Authority that it has secured all insurance required under this RFP. In addition, Contractor shall not allow any subcontractor(s) to commence work on any subcontract until it has provided evidence satisfactory to the Housing Authority that the subcontractor(s) has secured all insurance required under this RFP. The insurance requirements are provided in detail at Exhibit D. • Performance and Payment Bonds. Service Company shall not commence work until it has submitted performance and payment bonds to the City in the forms provided in Exhibits E and F, respectively. Each bond shall be in the amount of $25,000 or the Not -To -Exceed Amount of the contract, whichever is higher. • Submittal Instructions & Contact Information. Before submitting a proposal, each Service Company shall fully inform itself as to all conditions and limitations and shall include in the proposal a sum to cover the cost of all items. All questions and or concerns shall be submitted by email to the contact listed below. TWO proposals must be submitted in a sealed envelope, clearly marked "Sealed Proprosal for PDHA HVAC/Mechanical Maintenance Services" to: Palm Desert Housing Authority Office of the City Clerk 73-510 Fred Waring Drive Palm Desert, Ca 92260 Proposals will not be publicly opened and read. Proposals will be privately reviewed and evaluated by a Housing Authority evaluation team. • Proposal Due Date. In order to be considered, proposals must be received at the above address no later than Thursday, June 25, 2015 at 2:00 pm PDT. A proposal may be withdrawn by written request received from the Housing Authority prior to the time set for the closing date. • Proposal Validity. Proposals must be valid for a period of not Tess than ninety days (90) after the solicitation closing date. Page 17 EXHIBIT A QUESTIONNAIRE FORM I. BACKGROUND INFORMATION. 1. Company Name 2. Address 3. Telephone No. 4. Type of Firm (Individual, Partnership or Corporation) 5. Corporation organized under the laws of the State of 6. Contractor's License No. Exp. Date 7. Department of Industrial Relations Contractor Registration number: 8. List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: 9. Number of years' experience as a Contractor in HVAC work 10. List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Telephone No. of Owner 1. 2. 3. 11. List the name of the person who inspected the site of the proposed work for your firm: Page 18 II. QUALIFICATIONS 1. Are you currently an approved vendor for Rebate Program authorized by SCE or PUC? ❑ Yes ❑ No Identify the program(s): 2. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended or revoked within the last five years? ❑ Yes ❑ No If "yes," please explain on a separate signed sheet. 3. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years? ❑ Yes ❑ No If "yes," please explain on a separate signed sheet. 4. At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving a government contract? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the nature of the crime. 5. At any time in the last five years has your firm been assessed and paid liquidated damages under a construction contract? ❑ Yes ❑ No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 6. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? ❑ Yes ❑ No If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre -qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. Page 19 7. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ❑ No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. 8. In the past five years has any claim aaainst your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). 9. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). 10. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to a government contract? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. 11. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. 12. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. Page 110 ❑ Yes ❑ No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 13. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? ❑ Yes ❑ No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). III. REFERENCES Provide at least three (3) references for whom who have provided HVAC maintenance, repair, and/or replacement services (additional references may be provided): (1) Contact Name: Company/Organization: Address: Phone Number: E-mail: (2) Contact Name: Company/Organization: Address: Phone Number: E-mail: (3) Contact Name: Company/Organization: Address: Phone Number: E-mail: Page 111 IV. FINANCIAL INFORMATION 1. Can you provide a financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition upon request of the Housing Authority? ❑ Yes ❑ No Marking "no" may be grounds to reject the proposal. Financial statements will remain confidential. Financial statements will only be requested of firms who are in consideration for award of a contract. 2. Was your firm in bankruptcy at any time during the last five years? ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued; indicate if the bankruptcy has not yet been discharged. The undersigned hereby swears under penalty of perjury that this information provided is true and correct. By: Date: Signature Name/Title: Page 112 EXHIBIT B PROPOSAL COST FORM I. REPLACEMENT COSTS Costs should be stated as the cost to replace one (1) unit in accordance with the stated specifications. The cost shall be inclusive of all materials. equipment. labor, overhead, profit, and other costs. 1 Laguna Palms — 48 homes/50 units 1 LS $ 48 PTAC 14,000 BTU 230V Amp Heat Pump Units 2 Wall Split AC for Maint and Laundry Manufacturer: Model No: 1 LS $ Neighbors — 24 homes/25 units 1 LS $ 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Alternate: 15+ SEER Manufacturer: Model No: 1 LS $ One Quail Place — 384 homes/393 units 1 LS $ 410A, 2-ton 13 SEER Heat Pump 3-Ton AC Heat Pump System for Maint/Laundry Room 3 Window AC for Laundry Room 2 3 5-Ton AC for Office/Laundry Room 1 & 1 LS $ 1 LS $ 1 LS $ Page 113 5 4/Headstart Room 1 LS $ Wall Split AC for Corp Office on 1st Floor 1 LS $ Alternate: 15+ SEER Manufacturer: Model No: Palm Village — 36 homes/39 units 1 LS $ 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil Wall Split AC for Maint Shop/Laundry Alternate: 15+ SEER Manufacturer: Model No: 1 LS $ 1 LS $ Taos Palms —16 homes/16 units 1 LS $ 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit 1 LS $ Alternate 15+ SEER Manufacturer: Model No: Candlewood 30 homes/31 units 1 LS $ 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil 6 1 LS $ Alternate: 15+ SEER Page 114 9 Manufacturer: Model No: Catalina Gardens 72 homes/77 units 1 LS $ 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Alternate: 15+ SEER Manufacturer: Model No: 1 LS $ La Rocca Villas 27 homes/28 units 1 LS $ 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil Alternate: 15+ SEER 410, 5-ton 15 SEER AC Condenser for Laundry Room Manufacturer: Model No: 1 LS $ 1 LS $ Las Serenas 150 homes/152 units 1 LS $ 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Alternate: 15+ SEER 410A, 5-ton 15 SEER Heat Pump Condenser and matching Air Handler for 1 LS $ 1 LS $ Page 115 office/clubhouse/laundry room/maint Manufacturer: Model No: Pueblos 15 homes/16 units 1 LS $ 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit 1 LS $ Wall AC 12,000 BTU for laundry room 1 LS $ Alternate 15+ SEER Manufacturer: Model No: 10 Sagecrest Senior 14 homes/14 units 1 LS $ 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit Alternate: 15+ SEER 1 LS $ Manufacturer: Model No: 11 Page 116 II. MAINTENANCE COSTS Regular maintenance work shall be stated as a lump sum price for each property, by season. Each season shall be three (3) consecutive months with "Spring" consisting of March -April -May, unless otherwise stated. The proposal shall clearly explain the scope of work included in the price for regular maintenance work and any work that is specifically excluded. All rates shall be inclusive of all charges including but not limited to the charges for overhead, profit, labor, equipment, tools, and all other costs. 1 3 Laguna Palms — 48 homes/50 units 48 PTAC 14,000 BTU 230V Amp Heat Pump Units 2 Wall Split AC for Maint and Laundry Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Neighbors — 24 homes/25 units 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Spring Service Summer Service Fall Service Winter Service Labor Rate per Hour Labor Rate per Hour on Emergency Call After Normal Business Hours Overtime Rate per Hour Holiday Rate per Hour One Quail Place — 384 homes/393 units 410A, 2-ton 13 SEER Heat Pump 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ Page 117 3-Ton AC Heat Pump System for Maint/Laundry Room 3 Window AC for Laundry Room 2 5-Ton AC for Office/Laundry Room 1 & 4/Headstart Room Wall Split AC for Corp Office on 15t Floor Spring Service 1 EA Summer Service 1 EA Fall Service 1 EA Winter Service 1 EA Labor Rate per Hour 1 EA Labor Rate per Hour on Emergency CaII 1 EA After Normal Business Hours 1 EA Overtime Rate per Hour 1 EA Holiday Rate per Hour 1 EA Palm Village - 36 homes/39 units 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil Wall Split AC for Maint Shop/Laundry Spring Service Summer Service Fall Service Winter Service Labor Rate per Hour Labor Rate per Hour on Emergency CaII After Normal Business Hours 4 Overtime Rate per Hour Holiday Rate per Hour Taos Palms -16 homes/16 units 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit 5 Spring Service Summer Service Fall Service 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ 1 EA $ Page 118 Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Candlewood 30 homes/31 units 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ 6 Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Catalina Gardens 72 homes/77 units 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ 7 Holiday Rate per Hour 1 EA $ La Rocca Villas 27 homes/28 units 410A, 2-ton 13 SEER AC Condenser and matching Refrigerant coil 410, 5-ton 15 SEER AC Condenser for Laundry Room Spring Service 1 EA $ 8 Summer Service 1 EA $ Fall Service 1 EA $ Page 119 10 11 Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Las Serenas 150 homes/152 units 410A, 2-ton 13 SEER Heat Pump Condenser and matching Air Handler 410A, 5-ton 15 SEER Heat Pump Condenser and matching Air Handler for office/clubhouse/laundry room/maint Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Pueblos 15 homes/16 units 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit Wall AC 12,000 BTU for laundry room Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Sagecrest Senior 14 homes/14 units 410A, 2-ton 13 SEER Packaged Gas/Electric unit or Packaged Heat Pump Unit Page 120 Spring Service 1 EA $ Summer Service 1 EA $ Fall Service 1 EA $ Winter Service 1 EA $ Labor Rate per Hour 1 EA $ Labor Rate per Hour on Emergency Call 1 EA $ After Normal Business Hours 1 EA $ Overtime Rate per Hour 1 EA $ Holiday Rate per Hour 1 EA $ Method of Calculating Parts and Cost Minus Materials Costs - List Minus OA OA Additional work may be done @ Labor Rate per hour plus materials cost III. PROPOSED NOT -TO -EXCEED AMOUNT Service Company proposes a Not -To -Exceed Amount of: $ Explain how you calculated the proposed amount: ***The Housing Authority will use the proposed amount and the explanation of the Service Company's estimated amount to determine the Not -To -Exceed Amount in the contract. The final amount in the contract may differ from the amount stated above. Page i 21 EXHIBIT C CONTRACT This Contract is made and entered into this day of . 20_, by and between the Palm Desert Housing Authority ("Authority") and ("Contractor") for the HVAC Mechanical Systems Maintenance, Repair, and Replacement Services Project ("Project"). Authority and Contractor are referred to herein as the "Parties". For the consideration described herein, the Parties agree as follows: 1. Contract Documents. The complete Contract includes and incorporates all of the following Contract Documents, whether or not attached hereto: the Contract, the Request for Proposal, the General Conditions, Special Conditions, if any, the Scope of Work, Certificates, and Plans and Specifications, if any, the most recent Greenbook Specifications and all official papers and documents relating to the work to be performed hereunder, and all modifications incorporated in these documents before their execution. Any and all obligations of Authority and Contractor are fully set forth and described herein. If there are any inconsistencies between the Agreement and any document referenced in the Agreement or other Contract Documents, the precedence of documents shall be as follows: (1) This Agreement, (2) Approved and fully executed change orders, (3) the Request for Proposals, (4) Any Plans and Specifications, including Technical Specifications, (5) Any Specific Conditions, (6) Any General Conditions, (7) Greenbook Specifications, 2. ScoDe of Work. The Project involves performing all work and furnishing all labor, materials, and equipment, as provided by the Contract Documents, upon a Job Order from the Authority as set forth in the Schedule of Charges.. Contractor shall not perform any Work on the Project unless a Job Order is issued by the Authority. Contractor may perform Work not identified in Exhibit "B" to the extent a Job Order describing the Work to be performed and the compensation therefore is duly executed by both Parties. 3. Payment. The Authority agrees to pay and Contractor agrees to accept the amount of unit price set forth in the Schedule of Charges for each Job performed in full payment for the specific Job performed. Payment shall be made as set forth in the General Conditions. In no event shall the total payment hereunder exceed $ and under no circumstances is Authority obligated to make any payment to Contractor unless a Job Order is provided to Contractor from Authority with instructions to proceed. 4. Contract Time. The term of this Contract shall be one (1) year from the date it was entered. Authority shall issue a Job Order to Contractor directing work to be performed. Contractor shall begin all Work, and shall complete all Work, within the time specified in the Job Order. Except in cases of emergency, Contractor shall have at least [2] calendar days to begin Work specified in a Job Order. If Contractor fails to begin and complete Work within a timely manner, the Housing Authority may hire a third party to complete the Work and charge the difference in cost to the Contractor. This remedy shall be cumulative to all other remedies available to the Housing Authority. 5. Emergency Work. The Contractor shall provide 24/7 on -call service availability for emergency calls or other type of outages with a 30-minute returned phone call response time. A minimum of two (2) local service technicians employed by the Contractor shall be residents in Page 1 22 an area within a maximum of a thirty (30) mile radius of the City of Palm Desert, and the Contractor shall maintain a field office and/or warehouse that is within thirty (30) miles of the City of Palm Desert. 6. Performance of Services. Services shall be performed by qualified and trained service personnel. The Contractor shall provide a minimum of two certified technicians. One is required to have at least 10 years of refrigeration, and/or mechanical, and control experience. Both technicians must have overall knowledge of all of the equipment at each of the properties. Both technicians shall be qualified to work on electrical systems. Unless otherwise approved by the Authority or its designee, the Contractor shall perform construction operations and maintenance of equipment pursuant to the times required by Palm Desert Municipal Code Section 9.24.070. All services shall be performed by Contractor and its employees unless the Housing Authority consents in writing to the subcontracting of any Work. 7. Manufacturer's Specifications. Contractor shall maintain, repair, and install all equipment in accordance with the manufacturer's recommendation unless specified by the Housing Authority in writing. 8. Maintenance Plan. Contractor shall implement a preventive maintenance program that shall be computer generated, based on run time, manufacturer's recommendations, and a historical data bank of similar equipment. 9. Annual Review. Prior to the end of the Contract Term, or any extended annual Contract Term, Contractor shall perform an annual review to verify energy savings, overall cost reduction through repairs, replacement, and proactive preventative maintenance. 10. Provisions Required By Law. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. 11. Indemnification. Contractor shall provide indemnification as set forth in the General Conditions. 12. Prevailing wages. This Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260 or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. Contractor shall duly maintain certify payroll records and shall file such records with the Department of Industrial Relations in the manner required by the Department of Industrial Relations at least once a month. At all times while performing work hereunder, Contractor and all subcontractors shall be registered with the Department of Industrial Relations to perform public work. 13. Insurance and Bonds. Contractor shall submit all required insurance certificates and bonds within ten (10) days of execution of the contract and prior to performing any Work. Insurance Certificates shall comply with the requirements of Exhibit D to the Request for Proposal. Contractor shall submit Payment and Performance Bonds in substantially the same form as Exhibits E and F to the Request for Proposal for the full Not -To -Exceed Amount of the contract. The Housing Authority may require an increase in the bonding amount upon a change to the Not -To -Exceed Amount. Page 123 14. Schedule of Charges. Contractor shall be entitled to compensation in accordance with the following Schedule of Charges. Any Work that is not reflected in the Schedule of Charges shall be performed at a charge agreed in writing by both parties prior to performance of the work. [SCHEDULE OF CHARGES TO BE INSERTED PRIOR TO EXECUTION] IN WITNESS WHEREOF: The Contract is executed by the Authority's authorized representative. AUTHORITY CONTRACTOR By: By: Executive Director Owner Print Name Print Name Date: Date: Page 124 EXHIBIT D INSURANCE REQUIREMENTS Without limiting Contractor's indemnification of Housing 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 that is satisfactory to the Housing Authority. General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not Tess than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. 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. Automobile Liability Insurance: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers' Compensation Insurance: Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to Housing Authority, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the Palm Desert Housing Authority, the City of Palm Desert, and their officers, agents, employees and volunteers. Umbrella or Excess Liability Insurance: Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, 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 if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; Page 125 • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall "follow form" to the underlying primary policies. • Insureds under primary policies shall also be insureds under the umbrella or excess policies OTHER PROVISIONS OR REQUIREMENTS Insurance for Subcontractors: All subcontractors shall be included as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the Palm Desert Housing Authority and City of Palm Desert. as additional insureds to the subcontractors' policies. Contractor shall provide to Housing Authority satisfactory evidence as required under Insurance Section of this Agreement. Proof of Insurance: Contractor shall provide certificates of insurance to Housing 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 Housing Authority'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 Housing Authority at all times during the term of this contract. Housing Authority reserves the right to require complete, certified copies of all required insurance policies, at any time. Duration of Coverage: Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, his/her agents, representatives, employees or subcontractors. Housing Authority's Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, Housing Authority has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by Housing Authority will be promptly reimbursed by Contractor, or Housing Authority will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Housing Authority may cancel this Agreement. 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 California, with an assigned Page 126 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 Housing Authority's Risk Manager. Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the Palm Desert Housing Authority, the City of Palm Desert, 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 Toss. Contractor hereby waives its own right of recovery against the Palm Desert Housing Authority and the City of Palm Desert. and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions (non estoppel): Contractor acknowledges and agrees that any actual or alleged failure on the part of the Housing Authority to inform Contractor of noncompliance with any requirement imposes no additional obligations on the Housing Authority nor does it waive any rights hereunder. Primary and Non -Contributing 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. Specifications Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. Notice of Cancellation: Contractor agrees to oblige its insurance agent or broker and insurers to provide to Housing 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. Additional Insured Status: General liability, Automobile Liability, and if applicable, Pollution Liability, policies shall provide, or be endorsed to provide, that the Palm Desert Housing Authority, the City of Palm Desert., and their 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. Page 1 27 Housing Authority's Right to Revise Specifications: The Housing Authority reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Housing Authority and Contractor may renegotiate Contractor's compensation. Self -Insured Retentions: Any self -insured retentions must be declared to and approved by Housing Authority. Housing 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 Housing Authority. Timely Notice of Claims: Contractor shall give Housing 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. Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 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. Page 128 EXHIBIT E PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the Palm Desert Housing Authority has awarded to hereinafter designated as the "Principal", a contract for: HVAC MECHANICAL SYSTEMS MAINTENANCE SERVICE CONTRACT NO. HA WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Palm Desert Housing Authority hereinafter called the Authority, in the penal sum of Dollars ($ ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal, his executors, heirs, administrators, and successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants and agreements in the said contract and any alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Authority, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. Should it become necessary for the Authority to institute a lawsuit or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorneys' fees, shall be awarded to the prevailing party. Page 129 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on this day of , 20 SURETY PRINCIPAL BY: BY: (Signature must be notarized) (Signature must be notarized) INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER SURETY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On ) ) ) before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 130 PRINCIPAL ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 131 EXHIBIT F PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the Palm Desert Housing Authority (sometimes referred to hereinafter as "Obligee") has awarded to (hereinafter designated as the "CONTRACTOR"), an agreement dated described as follows: PDHA HVAC MECHANICAL SYSTEMS MAINTENANCE SERVICE, CONTRACT NO. HA , (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; NOW, THEREFORE, we, , the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Palm Desert Housing Authority and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of Dollars ($ ), said sum being not less than one hundred percent (100%) of the total amount payable by the said Obligee under the terms of the said Contract, for which payment 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 said CONTRACTOR, his or its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said CONTRACTOR and his or its Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal Revenue Service from the wages of employees of the CONTRACTOR or his or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In addition to the provisions herein above, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to serve stop payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Page 132 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same 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 Specifications. No final settlement between the Obligee and the CONTRACTOR hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. CONTRACTOR and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20 PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) (Signature must be notarized) The total amount of premium charged: $ (the above must be filled in by corporate surety). per thousand. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name, Address and Telephone No. of Surety) (Name, Address and Telephone No. of agent or representative for service of process in California if different from above) Page 133 SURETY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On ) ) before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Page 134 EXHIBIT G GENERAL CONDITIONS WAGE RATES AND LABOR CODE REQUIREMENTS Wage Rates The Contractor and all Subcontractors shall be required to adhere to the general prevailing rate of per diem wages as determined and published by the State Director of the Department of Industrial Relations, pursuant to Section 1770, 1773 and 1773.2 of the California Labor Code. Copies of these rates and the latest revisions thereto are on file in the Office of the Secretary of the Board of Directors and are available for review upon request. Attention is directed to the provisions of Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the State Labor Code. Sections 1774 and 1775 require the Contractor and all Subcontractors to pay not Tess than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Section 1776 requires the Contractor and all Subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Apprentices If the project requires the employment of workers in any apprentice craft or trade, (Section 1777.5) once awarded the Contractor or Subcontractor employing the tradesmen shall apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the contract. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. SUBSTITUTION OF SECURITIES At the request and expense of the Contractor, the Authority will pay the amounts so retained upon compliance with the requirements of the Public Contract Code Section 22300 and the provisions of the contract documents pertaining to the Substitution of Securities. Page 135 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 as the escrow agent who shall pay such monies to the Contractor upon notification by Authority of Contractor's satisfactory completion of the contract. The type of securities deposited and the method of release shall be approved by the Authority's General Counsel. AUTHORITY DESIGNEE The Authority designee shall determine the amount, quality, acceptability and fitness of all parts of the work, and interpret the Contract Documents. The Authority Designee shall make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. No act or omission of the Authority Designee relieves Contractor of the duty to proceed with the work in strict conformity with the Contract Documents. Upon request, Authority Designee shall reduce to writing any oral order, objection, requirement or determination. Wherever Authority's Designee approval is required it shall be in writing only. All communications to Authority by Contractor shall be via the Authority Designee. No work shall be performed on site other than during normal working hours without the knowledge and consent of Authority Designee. The Contractor, and not the Authority Designee, will be responsible for the construction means, controls, techniques, sequences, procedures, and construction safety. EXISTING FACILITIES AND CONTRACTOR PROCEDURE Elsewhere in the Contract Documents reference may be made graphically, descriptively or both - to the existence or possible existence of other improvements affecting the site and the prosecution of the work such as surface and subsurface utilities, drainage ditches and courses, buildings, fencing, retaining walls, roadways, curbs, trees, shrubs, and similar matters. Such matters are included to be used by Contractor to the extent it deems appropriate. However it is expressly understood and agreed: 1. Showing or describing such items does not mean that it is an exhaustive and complete presentation and that as to matters shown or described that they necessarily exist and no responsibility is assumed by Authority as to their exact location. The Contractor shall be responsible for locating and protecting all utilities during the course of the work. Damage caused by Contractor's operations to facilities that are shown or otherwise indicated to Contractor by Authority Designee or Utility Company, shall be repaired or replaced by and at the expense of Contractor. 2. All graphic presentations are schematic only unless the contrary is clearly set out elsewhere as to a particular matter. 3. Whenever, in the plans, survey markers are shown, boundaries of the site are shown, or contour lines are shown, Contractor may assume that such matters are shown in accordance with acceptable standards. Page 136 All improvements of the nature above described - whether elsewhere shown or described or not - shall, unless the contrary is elsewhere specifically directed, remain in place, undisturbed and suitably protected during the course of the work. Whenever, during the course of the work, a subsurface improvement is discovered which Contractor believes is unknown to Authority, it shall immediately so inform Authority Designee. Except as elsewhere provided, whenever in the course of the work it becomes apparent that the work cannot proceed without the destruction or relocation of any improvement whether shown or described or not - Contractor shall immediately cease work affecting such improvements and notify Authority Designee as to such circumstance and await instruction as to how to proceed. Authority Designee may provide for such relocation work to be performed by other forces, or direct that it may be performed by Contractor as a change in the work. 4. Prior to the start of any excavation the Contractor shall coordinate his work with all utility companies having services in the area and shall request that they mark all their locations on the ground. The Contractor shall be required to cooperate fully with all utility forces or forces of other public agencies engaged in relocation, lowering, or otherwise rearranging any facilities interfacing with the progress of work or installing any facilities thereon. The Contractor will also be required to cooperate fully with any City, County or State forces working on or near the project, or requiring access to the work in the performance of their duties. 5. Where underground main distribution conduits such as water, gas, sewer, electric, telephone or cable television are shown on the Plans, the Contractor, for the purpose of preparing a proposal, shall assume that every adjacent property will be served by a service connection for each type of utility. 6. Electric Power, Communications, and Gas: Authority Designee will make arrangements, in advance of construction, for all required modifications to electric power, communications and natural gas facilities to be performed by the Owner or operators of such facilities. To this end, Contractor shall indicate in its construction schedule the latest dates for completion of such modifications for the locations where they will be encountered during the course of the work. 7. Water Supply, Sewerage and Drainage: Contractor shall make all modifications to existing water supply, sewerage and drainage facilities as required to permit performance of the construction work. Temporary facilities and diversions will be permitted to the extent that they assure continuity in the service, and quality of service provided by the existing facilities. The hydraulic capacity of drainage facilities, which serve the project area during construction, shall be equal to or greater than the hydraulic capacity that existed prior to construction. Page 137 8. Walls, Fences, Gates and Enclosures: Contractor shall remove, modify and reconstruct all walls, fences, gates, and enclosures as necessary for construction. The relocation and reconstruction of such structures shall in general be performed at or adjacent to the limits of the rights -of -way unless directed otherwise. 9. When existing sidewalk is removed, entire panels shall be removed and replaced to the nearest joint. The Contractor shall take all precautions to protect all existing improvements unless otherwise noted. 10. When joining existing pavement, Contractor shall feather a minimum of 10 feet or that, which is shown on the construction plan. New construction joining existing paving shall be done with no dangerous or noticeable joints as determined by the Authority Designee. 11. Roads, Culverts and Associated Structures: Contractor shall make all necessary modifications, relocations and reconstruction of existing roads, and associated structures such as culverts, drainage facilities and the like as necessary for construction of works described in these specifications. 12.General: All modifications, relocations and reconstruction work shall conform with the designs of the existing facilities to the extent practicable, and the finished work and structures shall be equal to or better in all respects than the original facilities. 13.Salvage: To the extent practicable, suitable materials shall be salvaged from existing facilities that are to be moved from the rights -of -way and shall be reused in constructing relocated or modified facilities. The salvaged materials shall be cleaned, painted or renovated as necessary to meet the quality requirements specified in the preceding paragraph. All foreign matter shall be disposed of in designated waste areas. 14. Protect and preserve established benchmarks and survey monuments. Survey monuments found by the Authority, which may be disturbed by the Contractor will be located, marked and referenced by the Authority's Land Surveyor. Any required re-establishing and/or resetting of any survey monument done due to the Contractor's failure to preserve and protect survey monuments will be the financial responsibility of the Contractor. The existing monuments will be marked with paint and properly referenced in a stable surface, like in the top of an existing concrete curb, by Authority's Land Surveyor prior to any work by the Contractor. Any survey monument found by the Contractor within the work limits but not marked and referenced by the Authority's Surveyor shall be brought to the Authority's attention immediately. The Contractor shall give the Authority's Surveyor a minimum of 24 hours to mark and reference the found monument prior to commencement of any work at or near the monument which may affect or alter the position of the monument. Page 138 If a monument well (handhole frame and cover) protects an existing monument, the monument shall be located and referenced as above, and the monument well shall be repositioned flush in the new surface per Palm Desert Housing Authority Standard Drawing No. 300B by the Contractor. The Authority's Land Surveyor shall verify that the monument was not disturbed during the repositioning of the monument well after completion of work on the well. The Authority's Land Surveyor will reset a monument in a repositioned well as necessary, if disturbed, and the Contractor will be responsible for this cost. Therefore, great care should be taken in repositioning the well to finish grade. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS At its expense the Contractor shall: 1. Take every precaution against injuries to persons or damage to property. 2. Comply with regulations governing the use of the property. 3. Store and suitably protect its apparatus, equipment, materials, and supplies in an orderly fashion on site. 4. Place on the work only such loads as are consistent with the safety of the work. 5. Perform all cutting, fitting, or patching of its work required to make it conform to the Plans and Specifications and interrelated with other improvements or except with the consent of Authority Designee, cut or otherwise alter existing improvements. 6. Protect and preserve established benchmarks and monuments and make no changes in the location of such without the prior written approval of the Authority. The replacement and relocation of any bench marks and monuments which may be lost or destroyed or which require shifting because of necessary changes in grades or locations will be completed by the Authority or its representative in accordance with Section 8771, Chapter 15 of the Business and Professions Code. 7. Before final payment remove all surplus material, false work, temporary structures, debris and similar matter resulting from its operations from the site and put the site in an orderly condition. 8. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by State or municipal laws and regulations and local conditions during the course of the work. 9. Guard Authority's property from injury or loss. 10. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance. Page 1 39 11. Be responsible for the protection, removal or relocation of existing signs, fences, asphalt pavement, concrete curb and gutter and other facilities, which may be encountered in the roadway. The replacement or repair of any facilities which the Authority deems necessary as a result of the Contractor's operations shall be done by the Contractor at his own expense and to the satisfaction of the Authority. CHANGES IN THE WORK The Authority may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. The Authority Designee, also, may at any time, by issuing a Field Order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Authority Designee unless the Contractor believes that such Field Order entitles him to a change in Contract Price or Time, or both in which event he shall give the Authority Designee WRITTEN NOTICE thereof within seven (7) days after the receipt of the ordered change. Thereafter the Contractor shall document the basis for change in Contract Price or Time within thirty (30) days. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instructions from the Authority. CHANGES IN CONTRACT PRICE The Contract Price may be changed only by a Change Order. The value of any work covered by a Change Order or of any claim for the increase or decrease in the Contract Price shall be determined by one or more of the following methods in the order of precedence listed below: 1. Unit prices previously approved. 2. An agreed lump sum. 3. The actual cost for labor, direct overhead, materials, supplies, equipment, and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. CHANGE ORDERS - DETAIL DRAWINGS AND INSTRUCTIONS Reference is made to Section 3 "Change in Work" of the Standard Specifications. Each approved change order shall be considered as an amendment to the Contract Documents and will not be considered approved until executed by the Authority. The above does not limit the ability of Authority to issue further detail drawings, explanations and instructions that are customarily given by an Authority during the course of similar work. Authority will furnish Contractor with reasonable promptness Page 140 when such further detailed explanations, instructions and drawings may be necessary for the proper execution of the work, and Contractor shall conform to same provided they are consistent with the intent of the Contract Documents. In giving such additional instructions, explanations and drawings, Authority Designee has authority to make minor changes in the work, which do not involve extra cost and are not inconsistent with the Contract Documents. Contractor's acting on such instructions, explanations and drawings of Authority means that Contractor agrees that such explanations, instructions and drawings are within the scope of the work in accordance with the intent of the Contract Documents and do not constitute a basis for modification of the Contract Documents as to price or time. BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS Reference is made to Section 3400 of the California Public Contract Code, which is by this reference incorporated herein with like effects as if were herein set forth in full. Nothing herein shall authorize a change in the contract price or prevent the use of change orders in the manner provided elsewhere in the Contract Documents. GUARANTEE The Contractor shall warrant and guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of completed performance under any particular Job Order and that the completed performance is free from all defects due to faulty materials or workmanship. The Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repairs of any damage to other parts of the system resulting from such defects. The Authority will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments, or other work that may be made necessary by such defects, the Authority may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. TEMPORARY SUSPENSION OF WORK The Authority Designee may order the Contractor to suspend the work on the project, wholly or in part, for such period of time as he may deem necessary due to unsuitable weather or to such other conditions as may be considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary due to the failure of the Contractor to carry out orders given or to perform any provision of the contract. The Contractor shall immediately comply with the order of the Authority Designee to suspend the work, wholly or in part, as the order may provide. Work shall be resumed when conditions are favorable or when the methods have been corrected, as ordered or approved in writing by the Authority Designee. Page 141 AUTHORITY'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT Authority, may without prejudice to such other right, remedy or relief it may be entitled to, by 10 days' notice to Contractor, terminate the employment of Contractor and its right to proceed, if: 1. Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors. 2. A receiver or liquidator is appointed for Contractor or any of its property. 3. Contractor shall refuse or fail after Notice of Warning from Authority by Authority Designee to supply sufficient properly skilled workmen or suitable materials. 4. Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period. 5. Contractor shall fail to make payments to persons supplying labor or materials for the work. 6. Contractor does not comply with applicable law or instructions of Authority Designee. 7. Contractor is otherwise guilty of a substantial violation of any provision of the Contract Documents. Authority's right to terminate may be for the entire work, or at Authority's option, as to any portion thereof as to which delay shall have occurred or breach or noncompliance relates, and may thereupon take possession of the affected work and complete the work by Contract or otherwise, as Authority deems expedient. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or loss of Authority occasioned by Contractor's failure to properly perform, such excess shall be paid by Contractor. If such expense and damage exceeds the unpaid balance, Contractor is liable to Authority for the excess. If Authority elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, plant and equipment on site which may be necessary or convenient for the purpose of completing the work. Authority is expressly granted the right - acting via an Authority Designee or otherwise to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this section. Decision by Authority not to proceed under this Section does not constitute a waiver by Authority of any right it might, from time to time, have against Contractor under the Contract Documents. Page 142 TERMINATION OF THE CONTRACT FOR CONVENIENCE Housing Authority may terminate this Contract, in whole or in part, if the Housing Authority determines that termination is in its best interest. Housing Authority will issue a written notice of termination for convenience, and upon receipt, the Contractor shall immediately cease work, except work the Contractor is directed to complete or is required to complete for public safety and convenience. The Contractor shall immediately notify Subcontractors and suppliers to immediately cease their work. The Contractor will be paid without duplication for: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination for convenience; 2. Reasonable costs incurred in settlement of terminated contracts with subcontractors, suppliers and others; 3. Reasonable expenses directly attributable to termination. The Contractor shall submit a final termination settlement proposal no later than 30 days from the effective date of termination. Such proposal shall include documentation substantiating all costs incurred as a result of termination. Failure to timely submit a final termination proposal shall constitute a waiver of any right to payment resulting from the termination. After receipt of a proposal, Housing Authority shall determine the amount of payment due the Contractor as a result of the termination. If the Contractor disagrees with the amount, the Contractor shall provide written notice within 10 days of the determination. Failure to provide timely notice of disagreement shall bar Contractor from any adjustment to the amount. Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. The provisions in this section are in addition to and not in limitation of any other rights or remedies available to the Housing Authority. CLAIMS The Contractor will indemnify and save the Authority or the Authority's agents harmless from all claims growing out of the lawful demand of Subcontractors, laborers, workmen, mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools, and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Authority's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so the Authority may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms Page 143 of the Contract Documents, but in no event shall the provisions of this sentence be constructed to impose any obligations upon the Authority to either the Contractor his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Authority shall be considered as a payment made under the Contract Documents by the Authority to the Contractor and the Authority shall not be liable to the Contractor for any such payment made in good faith. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions the contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the Agency. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions 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 Agency. DISPUTE RESOLUTION Any separate demand by the Contractor for payment of monies or damages arising from work done by or on behalf of the Contractor pursuant to this contract, payment of which is not otherwise expressly required by the contract or any separate demand by the Contractor the amount of which is disputed by the Authority, such demand being in an amount of $375,000 or less, shall be resolved pursuant to Sections 20104, et seq. of the California Public Contract Code, as may be amended. These sections are summarized as follows: 1. For any claim, as defined in Section 20104 of the California Public Contract Code, by the Contractor of an amount Tess than $50,000, the Authority will respond in writing within forty-five days of receipt of the claim, or may request in writing within thirty days of receipt of the claim any additional documentation supporting the claim or related to any defenses the Authority may have against such claim. The Authority's written response to the claim, as further documented, will be submitted to the Contractor within fifteen days from receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional documentation, whichever is greater. 2. For any claim, as defined in Section 20104 of the California Public Code, by the Contractor for an amount between $50,000 and $375,000, the Authority will respond in writing within sixty days of receipt of the claim, or may request in writing within thirty days of receipt of the claim any additional documentation supporting the claim or related to any defenses which the Authority may have against such claim. The Authority's written response to the claim, as further documented, will be submitted to the Contractor within thirty days from receipt of Page 144 the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional documentation, whichever is greater. 3. If the Contractor disputes the Authority's written response, or the Authority fails to respond within the time prescribed, the Contractor may notify the Authority, in writing, either within fifteen days of receipt of the Authority's response or within fifteen days of the Authority's failure to respond within the statutorily prescribed time, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand, the Authority shall schedule a meet and confer conference within thirty days for settlement of the dispute. 4. If the meet and confer process does not produce a settlement agreement, the Contractor may file a claim pursuant to Government Code Section 900, et seq. The period of time within which to file such a claim shall be as defined in Section 20104.2(e). 5. The procedures for any civil action brought by the parties resolve such claims shall be those set forth in Section 20104.4 of the California Public Contract Code, a summary of which is set for below: a. Within sixty days, but no earlier than thirty days, following the filing of responsive pleading, unless waived by mutual stipulation of both parties, the court shall submit the matter to non -binding mediation. The mediation process shall commence within thirty days of the submittal, and shall be concluded within fifteen days from the commencement of the mediation process, except as may be otherwise required by Section 20104.4 of the Public Contract Code. b. If the matter remains in dispute after mediation, the case shall be submitted to judicial arbitration. An arbitrator shall be appointed and proceedings shall be conducted pursuant to provisions of Section 20104.4 of the Public Contract Code. c. If the party appealing an arbitration award does not obtain a more favorable judgment, that party shall, in addition to the payment of costs and fees, also pay the attorneys' fees on appeal of the other party. 6. If any suit is filed pursuant to these provisions, the Authority shall pay interest at the legal rate on any arbitration award or judgment in favor of the Contractor. The interest shall begin to accrue on the date the suit is filed in a court of law. 7. Except as set forth herein, or as otherwise provided under State law, it is understood and agreed by the parties that all rights any of them may have to arbitration for the settling of disputes, claims, and other matters arising out of or relating to this contract or the breach thereof are hereby specifically waived by all of them. Page 145 DOCUMENTS OF CONTRACTOR Upon demand, Contractor shall make available to Authority all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of the Contractor as to Authority. This includes copies of documents sent by Contractor or others in its possession. Contractor shall further make available to Authority, conformed copies of all documents submitted to the sureties who executed the Bid Bond, Faithful Performance Bond or Labor and Materials Bond for the indemnification made to such surety by others for such purpose. Contractor shall maintain in its possession all documents relative to the work for three (3) years after Notice of Completion. PUBLIC SAFETY The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-10, "Public Convenience and Safety," of the Standard Specifications and these special provisions. PROJECT SAFETY The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: 1. All employees on the project and all other persons who may be affected thereby; 2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of his Subcontractor or Sub -Subcontractors; 3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and 4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply continuously and not be limited to normal working hours. The Contractor is responsible to design, construct and maintain all safety devices as required by law or manufacture. The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. Neither the Authority nor the Director of Housing shall enforce safety measures or regulations. The contractor must submit a comprehensive written safety program covering all aspects of onsite and applicable offsite operations and activities associated with the contract. The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. The Contractor shall Page 146 use proper safety signing and barricading as required by the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the W.A.T.C.H. handbook. The Contractor shall use such foresight and shall take such steps and precautions as operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches, slopes, and excavations requiring shoring shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual progress. Hard hats and high visibility clothing shall be worn at all times when working on the project. It is the Contractor's responsibility to ensure that this requirement is enforced. Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefor. In case of an emergency, which threatens loss or injury to property or life, Contractor shall act without previous instructions as the situation may warrant. Contractor shall notify Authority Designee immediately thereafter. Any compensation for emergency work claimed by Contractor, together with substantiating documentation, shall be submitted to Authority via Authority Designee. Whenever, in the opinion of the Authority, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the 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 the 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 the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Authority, then said costs and expense will be paid by the Authority and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the Authority to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. LABOR CODE Reference is made to Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). By this reference said Chapter 1 is incorporated herein with like effect as if it were here set forth in full. The parties recognize that said Chapter 1 deals, among other things with discrimination, penalties and forfeitures, their disposition and enforcement, wages, working hours, and securing workers' Page 147 compensation insurance and directly affect the method of prosecution of the work by Contractor and subject it, under certain conditions, to penalties and forfeitures. 1. Eight -Hour Law: Pursuant to the provision of the California Labor Code, eight hours of labor shall constitute a legal day's work, and the time of service of any worker employed on the work shall be limited and restricted to eight hours during any one calendar day, and forty hours in any one calendar week, except when payment for overtime is made at not less than one and one-half the basic rate for all hours worked in excess of eight hours per day. The Contractor shall forfeit to the Authority as a penalty, the amount stipulated by the Labor Code, for each worker employed in the execution of this contract by him, or by any Subcontractor under him, for each calendar day during which such workman is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week without such compensation for overtime violation of the provisions of said Labor Code. 2. Prevailing Rates of Wages: As indicated in the Request for Proposals, the Authority has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker needed to execute the contract, a copy of which is hereby incorporated by reference into this Contract Appendix. Copies of the prevailing rates of per diem wages are on file at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Contractor shall forfeit to Authority, as a penalty, $200.00 for each calendar day, or a portion thereof, for each worker paid less than the said per diem wage for any work done under the contract by him or by any Subcontractor under him in violation of the provisions of the California Labor Code. It is hereby stipulated by and between Authority that Contractor will comply with provisions of California Labor Code, Section 1775. The term "per diem wages" shall be deemed to include travel and subsistence payment which are required by California Labor Code, Section 1773.8, to be paid to each worker performing work under the contract. Contractor shall keep an accurate payroll record, showing name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by him. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations on a weekly basis and in the format prescribed by the Department of Industrial Relations, which may include electronic submission. Contractor shall comply with all requirements and regulations from the Department of Relations relating to labor compliance monitoring and enforcement. Such records shall be available for inspection at all reasonable hours, and a copy shall be made available to employee or his authorized representative, the Division of Labor Standards Enforcement, and the Division, of Apprenticeship Standards in compliance with California Labor Code, Section 1776. Upon written notice from Page 148 Authority or the Division of Labor Standards Enforcement, Contractor shall within ten days file with Authority a certified copy of the payroll records. Contractor shall cause an identical clause to be included in every subcontract for contract work. Contractor shall post, at appropriate conspicuous points on the site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. 3. Mandatory Certification of Contractor and employment of Apprentices: This contract shall not prevent the employment of properly indentured apprentices in accordance with the California Labor code, and no employer or labor union shall refuse to accept otherwise qualified employees as indentured apprentices on the work performed hereunder solely on the ground of race, creed, national origin, ancestry, color or sex. Every qualified apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade to which he or she is indentured. If California Labor Codes Section 1777.5 applies to the contract work, the Contractor and any Subcontractor hereunder who employ workers in any apprenticeable craft or trade shall apply to the joint apprenticeship council administering applicable standards for a certificate approving the Contractor or Subcontractor for the employment and training of the Contractor or Subcontractor for the employment and training of apprentices. Upon issuance of this certificate, the Contractor and any Subcontractor shall employ the number of apprentices provided for therein, as well as contribute to the fund to administer the apprenticeship program in each craft or trade in the area of the work hereunder. The parties expressly understand that the responsibility for compliance with this Section 17 and with Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code in regard to all apprenticeable occupations lies with the Contractor hereunder. In accordance with Labor Code 1773.3, the Authority will send notice of the award of this contract to the Division of Apprenticeship Standards within five days after award if the contract is awarded to a General Contractor in the amount of at least $30,000 and involves at least 20 working days, or is awarded to a specialty Contractor in the amount of $2,000 and involves at least five working days, if such general or specialty Contractor employs workmen in an apprenticeable craft or trade. 4. The Contractor shall have an affirmative obligation to verify that all subcontractors are registered with the Department of Industrial Relations and shall not permit a subcontractor of any tier to perform work on the project without first verifying the subcontractor's registration. The Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of proposal opening and maintain valid registration for the duration of the project. Page 149 SUPERVISION BY CONTRACTOR The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. Contractor shall not change job supervisor without written approval of Authority Designee. PROJECT APPEARANCE The Contractor shall maintain a neat appearance of the work. In any area visible to the public, the following shall apply: When practical, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of daily. Full compensation for conforming to the provisions in this section not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. INDEMNITY AGREEMENT/HOLD HARMLESS Except for gross negligence or willful misconduct of an Indemnitee, the Contractor hereby assumes liability for and agrees to defend, indemnify, protect and hold harmless the Authority and its officers, agents, and employees, and the Authority Designee from and against all claims, charges, damages, demands, actions, proceeding, losses, stop payment notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may arise out of or encountered in connection with this Agreement or the performance of the Work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the Authority, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of Contractor, its officers, agents, employees, or Subcontractors including, but not limited to, liability arising from: 1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors; 2. Any operation conducted upon or any use or occupation of the premises by Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of this contract or otherwise; Page 150 3. Any act, omission or negligence of Contractor, its officers, agents, employees or Subcontractors; 4. Any failure of Contractor, its officers, agents or employees to comply with any of the terms or conditions of this Contract or any applicable federal, state, regional, or municipal law, ordinance, rule or regulation. The Contractor also agrees to indemnify Authority and pay for all damage or loss suffered by Authority including, but not limited to damage or loss of Authority property, to the extent not insured by Authority and loss of Authority revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in Sub -sections 1, 2, 3, and 4. Contractor's obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop payment notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an lndemnitee. However, without affecting the rights of the Authority under and provision of this agreement, Contractor shall not be required to indemnify and hold harmless Authority for liability attributable to the active negligence of Authority, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Authority is shown to have been actively negligent and where Authority's active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of Authority. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. In the event that Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of Authority to monitor compliance with these requirements imposes no additional obligations on Authority and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend Authority as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this agreement or this section. This Indemnity shall survive termination of the Agreement or Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the lndemnitees may have under the law or under any other Contract Documents or Agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, Authority may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, Authority may release such funds if the Contractor provides Authority with reasonable assurance of protection of the Indemnitees' interests. Page 151 Authority shall, in its sole discretion, determine whether such assurances are reasonable. EQUAL EMPLOYMENT OPPORTUNITY Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religions creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Contract and shall comply with the provisions of the California Fair Employment Practice (commencing with SS 1410 of the Labor Code), the Federal Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CRF) Chapter 60. Contractor shall require each of its Subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph. 1. Transaction of $10,000 or under a. Contracts and subcontracts not exceeding $10,000 are exempt from requirements of this clause. b. No Contractor or subcontractor shall procure supplies and/or services in Tess than usual quantities to avoid applicability of the Equal Opportunity clause. With respect to contracts and subcontracts for indefinite quantities, this Equal Opportunity Clause shall apply unless it is determined by the Authority that the amount to be ordered in any one year under such contract reasonably will be expected not to exceed $10,000. 2. Transaction in Excess of $10,000, But Less than $50,000 a. Each prime Contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all state and federal laws and regulations concerning Fair Employment Practices. b. The Contractor shall maintain a written copy of its affirmative action plan and will furnish a copy to the Authority upon request of the Authority. The Authority reserves the right, during the life of this contract, to require CONTRACTOR to complete an affirmative action compliance report furnished by the Authority setting definite goals and timetables and indicating progress in meeting the goals. 3. Transactions of $50,000 or More a. Each prime CONTRACTOR who has fifty or more employees and a contract of $50,000 or more shall develop and submit to the Authority within thirty days of award a written affirmative action compliance program including definite goals and time tables with the proposed dates of Page 152 compliance. The prime CONTRACTOR shall make, as a condition of his subcontract, the same requirement of each subcontractor who has fifty or more employees and a subcontract of $50,000 or more. Each Contractor shall include in his affirmative action compliance program a complete table of his employees' job classifications. This table must include, but need not be limited to, job titles, duties and rates of pay. b. For the purpose of determining the number of employees under the preceding paragraph, the average of the Contractor's or subcontractor's employees for the 12-month period immediately prior to award, or the total number of employees Contractor or subcontractor will have on all jobs or sites when performing this contract, whichever is higher, shall be used. 4. Contractor agrees that he will permit access to his records of employment advertisement, application forms and other pertinent data and records by the Authority or its designee and any state or federal agency having jurisdiction for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 5. The Authority shall have the right to assign an affirmative action representative to monitor the conduct of the Contractor and subcontractors under this contract. The affirmative action representative shall have the right to enter the construction or manufacturing site for the purpose of obtaining information from persons performing work on the project, providing such inspection shall not in any way interfere with the progress of the work under the contract. TERMINATION OF CONTRACT BY CONTRACTOR The Contractor may terminate the contract upon 10 calendar days written notice to the Authority, whenever (1) the entire work has been suspended in accordance with these provisions, for 60 consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the contract has not been received from the Authority within this time period; or (2) the Authority should fail to pay the Contractor any substantial sum due him in accordance with the terms of the contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claims against the Authority except for those claims specifically enumerated in these provisions and determined in accordance thereof. PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all monies withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications. This Page 153 requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. CLAYTON ACT AND CARTWRIGHT ACT In submitting a proposal to a public purchasing body, the bidder offers and agrees that if the proposal is accepted, it will assign to the purchasing body 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the proposal. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. CLEANUP AND RESTORATION OF SURFACES The Contractor shall, as directed by the Authority Designee, remove from all public and private property, at its own expense, all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work area(s) obtained by the Contractor. 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 construction, be restored to a condition at least equal to that which existed prior to construction. All restoration shall be in -kind except in those areas where details indicate to the contrary. The details of those areas will govern. Restoration shall include, but not be limited to, the replacement of landscape planting and irrigation system, and pavement striping which are disturbed by the Contractor's operations in the course of work. Payment for this work shall be included in the various proposal items and no additional compensation will be therefor made. SPECIFICATIONS AND DRAWINGS FURNISHED TO CONTRACTOR The Authority will furnish to the Contractor four (4) sets of Specifications, and four (4) sets of full-scale Drawings. Additional quantities of Specifications and Drawings will be furnished at reproduction cost. AIR CONTAMINANTS The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. RECYCLING SPECIFICATIONS Contractor shall segregate the following materials generated by this job and shall haul, or have the material hauled, to recycling, composting or other properly permitted Page 154 diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry; landscape irrigation piping and fittings; asphalt; gravel and rock. Contractor shall submit weight tickets to the Authority on a bi-weekly basis showing the quantity (tons) delivered to each diversion facility. Contractor shall also submit to Authority, on a bi-weekly basis, all weight tickets showing the tons of all non-divertible material that have been delivered to landfill. Contractor shall include the costs for the diversion of the above -listed materials in its proposal for the job. Contractors are responsible for doing their own research in contacting the recycling, composting and other processing and diversion facilities to confirm the tipping fees for the various types of materials. Contractor may utilize any recyclers or processors provided that Contractor submits written evidence that said facilities are operating in compliance with all state. federal and local laws. Contractor is liable and responsible for any illegal dumping activities for any and all materials generated at the job site. Full compensation for doing all work associated with "Recycling," as outlined within this Section shall be included in the lump sum price for "Clear & Grub". Should no line item be identified as "Clear and Grub" the associated work will be considered as included within the various pay items and no additional compensation will be allowed. Page 155 SPECIAL PROVISIONS CONTRACT NO. HA SECTION 1 — GENERAL SPECIAL PROVISIONS Accepting this contract, Contractor hereby releases and agrees to indemnify, defend, hold harmless the Authority, Authority Designee, their parent and subsidiary companies, agents, employees, consultants and representatives for any and all damage to persons or property or wrongful death regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of Authority, Authority Designee, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of Authority, Authority Designee, their parent or subsidiary companies and their agents and employees to the fullest extent permitted by law. Such indemnification shall extend to all claims, demands, actions, or liability for injuries, death or damages occurring after completion of the project, as well as during the work's progress. Contractor further agrees that it shall accomplish the above at its own cost, expense and risk exclusive of and regardless of any applicable insurance policy or position taken by any insurance company regarding coverage. 1.1 Review Of Contract Documents And Job Site The Contractor shall carefully study and compare the Contract Documents with each other and with information available to the Contractor and furnished by the Authority and shall immediately notify the Authority Designee of errors, inconsistencies or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without notice to the Authority Designee, the Contractor shall assume appropriate responsibility for such performance and shall assume responsibility for the full costs for correction. The Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Authority Designee immediately. The Contract Documents are complementary, and what is required by one shall be as binding as required by all. In the event of inconsistencies among two or more portions of the Contract Documents, the Authority Designee may direct the contractor to follow the most stringent requirements at no additional cost. When existing conditions are encountered which, in the opinion of the Authority Designee, require temporary suspension of work for design modifications or for other determinations to be made, the Contractor shall move to other areas of work until such determinations are made at no cost to the Authority. The Contractor shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any such suspension, if the Contractor makes an approved claim Page 156 therefor as provided in SECTION 3 — CHANGES IN WORK of the Standard Specifications. 1.2 Construction Surveying And Staking Not applicable. 1.3 Right -Of -Way Not applicable. 1.4 Permits And Licenses Permits: In lieu of Section 7-5, "Permits," of the Standard Specifications, the Contractor, and any sub -contractors shall obtain permits for all work within the Palm Desert Housing Authority and State public right-of-way, and the project area and will maintain proper safety and regulatory signs for such work. The Palm Desert Housing Authority will waive the permit fee for any Authority issued permits. Licenses: The Contractor shall obtain and pay all costs incurred for licenses necessitated by his operations. Prior to starting any work, the Contractor and all Sub - Contractors shall be required to have a Palm Desert Housing Authority Business Tax Registration valid for the time they are engaged in work. The cost of these fees shall be included in the various contract proposal items and no additional compensation will be allowed therefor. Fees: The Contractor shall be responsible for all inspection and permit fees required by agencies (other than the Palm Desert Housing Authority) necessitated by his operations for this project. This includes fees required for inspection work within the right-of-way of these other agencies and other public right-of-way. The cost of these fees shall be included in the various contract proposal items and no additional compensation will be allowed therefor. 1.5 Potholing Not applicable 1.6 Relocation The alternation or temporary relocation of all service connections (including but not limited to: water, irrigation water, sewer, electrical, natural or manufactured gas, underground and/or overhead telephone, cable television, and electrical) to adjacent property shall be the responsibility of the Contractor. The Contractor shall restore the service connections as soon as possible after any disruption in service. The Contractor shall make all arrangements with the utility owners regarding such work. The costs for such work on service connections shall be included in the unit prices proposal for the various contract items, and no additional compensation will be allowed therefor. 1.7 Surplus Materials All excavated material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Page 157 Cement concrete or other deleterious material shall become the property of the Contractor. Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and shall be considered as included in the lump sum proposal for clearing and grubbing and no additional compensation will be made therefor. 1.8 Inspection Of The Work The Contractor shall notify RPM Company, the Project Manager, at (760) 674-1139, forty-eight (48) hours in advance of the start of work. There will be inspection of this project to ensure strict adherence to the plans and specifications. Any work done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted or paid for by the Authority. 1.9 Responsibility For Job Site Conditions Contractor acknowledges responsibility for jobsite safety and acknowledges that the Authority Designee will not have any such responsibility. To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the Director of Housing, their present companies, subsidiaries, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees and claim costs, arising out of or resulting from performance of work by the Contractor, its Subcontractors, or their agents and employees, which results in damage to persons or property including wrongful death, regardless of whether or not such claim, damage, loss or expense is caused in whole or in part by the negligence, active or passive, of the Director of Housing, their parent and subsidiary companies, as well as their agents and employees, excepting only the sole negligence of the Director of Housing, their parent or subsidiary companies and their agents and employees. All work shall be performed in accordance with applicable Health and Safety laws and standards including all requirements of the State of California Division of Industrial Safety. Contractor agrees that, in accordance with generally accepted construction practices, Contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of this project including safety of all persons and property, that this requirement shall be made to apply continuously and not be limited to normal working hours, and Contractor further agrees to defend, indemnify and hold design and construction observation professionals harmless from all liability and claims, real or alleged, in connection with the performance of work on this project. 1.10 Protection Of Public The Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches, slopes, and excavations requiring shoring shall either be covered or adequately fenced at night and on weekends or whenever operations are not actually in progress. Page 158 Unusual conditions may arise on the project, which will require that immediate and special provisions be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection. The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, or Toss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work. Whenever, in the opinion of the Authority, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely Toss of human life or damage on account of the operations under the contract, then and in that event, the 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 the 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 the Contractor. If he shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the Authority's Representative, then said costs and expense will be paid by the Authority and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the Authority to take such precautionary measure shall not relieve the Contractor of his full responsibility for public safety. Materials and equipment shall be stored so as to not create a public nuisance and to ensure the preservation of their quality and fitness for the work. No materials or equipment shall be stored at the project site unless its use is imminent. The Contractor is responsible to design, construct and maintain all safety devices and be responsible for conforming to all local, state and federal safety and health standard, laws and regulation. Neither the Authority nor the Director of Housing shall enforce safety measures or regulations. The Contractor shall use proper safety signing and barricading as required per Caltrans Traffic Manual and the WATCH manual. 1.11 Traffic Control A minimum of one (1) 12-foot (12') travel lane in each direction shall be maintained at all times on residential, collector and arterial streets during construction. No reduction of the travel way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior approval from the Director of Housing is obtained. All roadway signs, delineators, channelizers, cones and barricades shall be in "like new" condition. All roadway signs used for nighttime traffic control shall have retroreflective Page 159 sheeting that meet or exceed ASTM Standard D 4956 Type III. The Contractor is required to setup necessary traffic control in compliance with the latest editions of the Authority Standard Drawings, State Standard Plans, CAMUTCD, and WATCH manual for reduction of travel way on any street. When required by the Director of Housing or when construction activities require a traffic control setup that does not conform to standard traffic control layouts as detailed in the previously referenced standard drawings, plans and manuals, then the Contractor shall be required to submit project traffic control plans for review and approval by the Authority. When traffic control plans are included within the project plan set the Contractor shall adhere to the traffic control setup as detailed on the plans. Minor adjustments of the traffic control set up may be made in the field with prior approval from the City Public Works Inspector. If the Contractor proposes sufficient changes to the traffic control then the Contractor shall submit alternate traffic control plans for review and approval by the Authority. The alternate traffic control plans shall be prepared by a registered engineer and be of the same detail as the original project traffic control plans. A minimum of a four -foot (4') wide ADA compliant pedestrian path of travel must be maintained in the sidewalk area at all times. The area under construction in the sidewalk areas must be maintained free of hazardous conditions. The immediate construction area must be barricaded in such a manner that pedestrian traffic cannot enter. Access to driveways shall be maintained from at least one end of the project at all times. All traffic lanes and detours must continually be maintained to prevent the development of potholes and provide smooth, dust -free and mud -free traffic. The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning, sweeping and sprinkling with water or other means, as necessary, during and after the construction hours, including such nonworking days as Saturdays, Sundays and holidays. The Contractor shall notify residents and businesses of restricted access forty-eight (48) hours in advance of construction activities. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed by the Director of Housing, shall be considered as included in the Mobilization and Traffic Control Item, or included in the lump sum price paid for various contract items of work, and no additional compensation will be made therefor. Page 160 1.12 Dust Control/Air Contaminants The Contractor shall comply with Section 7-8.2, "Air Pollution Control," of the Standard Specifications. The Contractor must comply with the Palm Desert Housing Authority's Municipal Code, Chapter 8.20, "Public Nuisances" Chapter 27.12.067, and Palm Desert Housing Authority Ordinance 294. Contractor must also comply with Chapter 24.12 "Fugitive Dust (PM10) Control" of City of Palm Desert Municipal Code. Dust generated by traffic, Contractor's operations, or wind are all included in the definition of "dust." In order to reduce PM10 emissions to the maximum extent feasible, the Contractor shall: • Moisten soil not more than fifteen (15) minutes prior to moving soil and three (3) times a day, or four (4) times a day under windy conditions, in order to maintain soil moisture of twelve (12) percent. • On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for four (4) or more days, apply water with a chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months. • Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five (5) days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface for six months. • Water debris or soil piles hourly or cover with temporary coverings. • Water exposed surfaces not undergoing active grading at least twice a day under calm conditions, and as often as needed on windy or extremely dry days. • Wash mud -covered tires and under -carriages of trucks leaving constructions sites. • Provide for street sweeping, as needed, to remove dirt from roadways left behind by vehicles leaving the project site. • Cease grading, cleaning, earthmoving, or excavation operations during periods when winds exceed 25 miles per hour. The Contractor shall maintain contact with a meteorologist for current information about average wind speeds. The Contractor will be responsible for watering the work area where dust is generated from public traffic, Contractor's operations, and wind. Contractor's area of operations includes areas outside of the roadbed limits where excavation, fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible for monitoring all of the above - Page 161 described areas in the project area during the life of the project, including holidays and weekends. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Payment for maintaining dust control and air contaminates within the project area shall be included in the contract prices paid for related items of work, and no additional compensation will be allowed therefor. 1.13 Water The Contractor shall make arrangements with the Coachella Valley Water District to obtain water from designated fire hydrants at or near the project for use in dust control and soil compaction. It shall be the responsibility of the Contractor to pay for the water and any deposits required. Water shall not be taken from any commercial or residential systems without the express written consent of the owner. The cost to furnish and apply water shall be included in the contract prices paid for the various items of work and no additional payment will be allowed therefor. 1.14 Storm Water Pollution Prevention Plan - Water Pollution Control BMP's Not applicable to projects Tess than one acre. 1.15 Cleanup And Restoration Of Surfaces The Contractor is responsible to keep streets within the construction area clean at all times. Any sweeping performed by the Authority crews due to the construction work shall be charged to the Contractor at overtime rates. The Contractor shall, as directed by the Authority Designee, remove from all public and private property at its own expense all temporary structures, rubbish and waste materials resulting from its operations. This includes temporary work areas obtained by the Contractor. 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 construction, be restored to a condition at least equal to that which existed prior to construction. All restoration shall be in -kind except in those areas where details indicate to the contrary. The details of those areas will govern. Where removing of existing walls, or installation of new walls will disturb existing landscaping, it shall be protected, watered, and maintained until it is reinstalled, or it shall be replaced in kind. All removal, maintenance, and replacement of existing landscape shall be performed by a licensed C-27 Contractor. Page 162 Restoration shall include, but not be limited to, the replacement of landscape planting and irrigation system, and pavement striping which are disturbed by the Contractor's operations in the course of work. Contractor shall protect existing buildings, paving, landscaping, and other services or facilities on -site and adjacent to the site from damage caused by site work operations and access to the site. Cost of repair and restoration of damaged items shall be at the Contractor's expense. Contractor shall protect and maintain streetlights, utility poles and services, traffic signal control boxes, curb boxes, valves and other services, except items designated for removal. Contractor shall also provide for temporary relocation, when required, to maintain facilities and services in operation during construction work. It shall be the Contractor's responsibility to conduct his operations in such a manner so as to prevent damage to existing substructures. In the event of substructure damage, the Contractor shall bear full responsibility and total expense for repair and/or replacement of said substructure. Contractor shall locate benchmarks, monuments, control points, and project engineering reference points. Re-establishment by the City's Surveyor of disturbed or destroyed items shall be at Contractor's expense. Contractor shall protect and maintain existing profile grades and street cross -fall. Deviations from the above, whether in plan or field, shall be identified to the Authority Designee prior to any work. Cost of repair and restoration shall be at the Contractor's expense. The cost for this work shall be included in the unit prices proposal for the various contract items, and no additional compensation will be allowed therefor. 1.16 Protection And Preservation Of Existing Facilities This section covers the protection and preservation of existing facilities and services within or adjacent to the right-of-way and other construction areas, their modification, reconstruction, or replacement and their demolition and removal, as specified, shown or required. Types of existing improvements and services consist of but are not limited to existing roads, sidewalk, landscaping, irrigation, signs, ditches and associated structures; private residences, landscaping, irrigation, water appurtenances, and telephone lines, buried communications cable, buried water pipe, buried gas pipes, buried sewer pipe; walls, fences and gates. To the best extent possible, the locations of such facilities are shown. Facilities other than those shown may exist and Contractor shall at all times, exercise care to avoid physical damage to or disruption in the service of existing facilities. Existing improvements visible at the job site, for which no specific disposition is made on the Plans, but which could reasonably be assumed to interfere with the satisfactory completion of the improvements contemplated by the Plans, shall be removed and disposed of by the Contractor. Page 163 Where underground main distribution conduits such as water, gas, sewer, electric, telephone or cable television are shown on the Plans, the Contractor, for the purpose of preparing a proposal, shall assume that every adjacent property will be served by a service connection for each type of utility. Damage caused by Contractor's operations to facilities that are shown or otherwise indicated to Contractor by Authority Designee shall be repaired or replaced by and at the expense of Contractor. When existing sidewalk is removed, entire panels shall be removed and replaced. No new joints will be allowed. The Contractor shall take all precautions to protect all existing improvements unless otherwise noted. Contractor shall remove, modify and reconstruct all walls, fences, gates, and enclosures as necessary for construction. The relocation and reconstruction of such structures shall in general be performed at or adjacent to the limits of the rights -of -way unless directed otherwise. Contractor shall make all necessary modifications, relocations and reconstruction of structures such as culverts, drainage facilities and the like as necessary for construction of works described in these specifications. Existing residential properties and improvements shall be carefully protected. Any damages to irrigation systems, landscaping, fences, or improvements shall be repaired to the satisfaction of the residents within forty-eight (48) hours of report of the damage. Private equipment adjacent to private residences and businesses that must be disturbed in order to install the project work must be protected and restored to operating condition in its new location within forty-eight (48) hours. The equipment may be located in a new place only if acceptable to the private homeowner. If damage is caused by the Contractor's operation, the Contractor shall, at his expense, repair or replace the damaged facilities promptly in accordance with the Standard Specifications and as directed by the Authority Designee. The cost for this work shall be included in the unit prices proposal for the various contract items, and no additional compensation will be allowed therefor. 1.17 Measurement And Payment The cost of all labor, material and equipment necessary to complete the work as described in the plans and specifications shall be included in the contract unit prices for each proposal item, either as a unit price, lump sum or by final pay quantity, whichever is indicated. The contract unit price shall include all labor, material and equipment costs necessary to complete the work, even though not shown or specified. A proposal item will be considered complete when all necessary work has been completed and accepted by the Authority, including site cleanup. 1.18 Final Pay Items Not applicable. Page 164 1.19 Drawings And Specifications (As-Builts) The Contractor shall maintain on the job site, a set of full-size blue -line or black -line prints, to which the Authority Designee shall have access at all times. The Plans, Specifications, and other Contract Documents will govern the project. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, shall be as though shown or mentioned in both. While it is believed that much of the project will be shown on the Plans or indicated in the Specifications, this does not warrant the completeness or accuracy of such information. The Contractor shall ascertain the existence of any conditions affecting the cost of the project, which would have been disclosed by a reasonable examination of the site. On these plans the Contractor shall mark all as -built conditions, locations, configurations, and other details, which may vary from the details represented on the original drawings. This master record of as -built conditions, including all revisions made necessary by Addenda, Change Orders, and the like, shall be maintained up to date during the progress of the work. In the case of those drawings, which are superseded by final shop drawings, the as - built drawings shall be updated by indicating how those portions are superseded. The Authority Designee at the progress meetings shall review the as -built drawings. If the as-builts are not made available or have not been maintained up-to-date, additional retainage may be held for failure to submit required bi-weekly schedule updates (refer to General Special Provisions item "Construction Schedule") or for failure to produce as- builts that have been maintained up-to-date. Upon completion of the work and prior to final acceptance, legible, as -built drawings shall be turned over to the Authority, and no additional compensation will be allowed therefor. 1.20 Differing Conditions During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering those conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. Contractor shall promptly notify the Authority Designee and the Palm Desert Housing Authority by telephone and in writing upon discovery of and before disturbing, any physical conditions differing from those represented by approved plans and specifications. In the event this notification is not performed, the Contractor shall assume full responsibility for necessary revisions. Page 165 1.21 Offsite Work Not applicable. 1.22 Noise Abatement A maximum noise level limit of eighty-five (85) decibels at a distance of fifty (50) feet shall apply to all construction equipment on or related to the project whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel. The use of generators or other mechanical devices between the hours 5:00 p.m. and 6:00 a.m. shall not be permitted unless approved by the Authority Designee. The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 1.23 Order Of Work Contractor shall order equipment within 72 hours of notification of award of contract and provide Authority Designee written confirmation of equipment orders from vendors. The Contractor shall notify City Inspector assigned to the project, local authorities and utility companies of his intent to begin work at least two (2) days before work is begun. The Contractor shall cooperate with local authorities in handling traffic through the area. 1.24 Construction Schedule Unless otherwise provided, the Contract time shall commence upon the date of issuance of the Notice to Proceed. The work shall start within (ten) 10 consecutive calendar days thereafter, and be diligently prosecuted to completion within the time provided in the Specifications. On a daily basis, the Contractor shall review the completed work and the work scheduled for the following day with the Authority Designee. Contractor shall coordinate with the Authority Designee to schedule units for replacement so as to minimize impact to Authority employees. Daily schedule of work shall be agreed upon by contractor and engineer prior to commencement of work. Critical units, as identified on Exhibit A replaced on a given day shall be operational by 11:30 a.m. that same day. Filter rack may be installed the following day. Compliance with the scheduling requirements of this section is of the essence of this contract. Failure to comply with the requirements of this section may result in the Authority retaining money from the monthly pay request. Page 166 1.25 Hours Of Operation Unless otherwise approved by the Authority or its designee, the Contractor shall perform construction operations and maintenance of equipment pursuant to the times required by Palm Desert Municipal Code Section 9.24.070 and illustrated as follows: October 1st through April 30th Monday through Friday: Seven a.m. to five -thirty p.m. Saturday: Eight a.m. to five p.m. Sunday: None Government code None holidays: May 1st through September 30th Monday through Friday: Six a.m. to seven p.m. Saturday: Eight a.m. to five p.m. Sunday: None Government code None holidays: Failure to observe these work hours may result in a citation being issued to the offenders by the police department. 1.26 Authority Furnished Equipment Authority will not furnish equipment for this project. The Contractor shall order equipment and provide Authority Designee written confirmation of equipment orders from vendors. 1.27 Coordination With Other Contractors The Authority expects to have one or more separate Contractors/utility companies working in the same area at the same time. Contractor shall coordinate and cooperate with any and all separate Contractors at no additional cost to the Authority. Such coordination may include, but will not be limited to, participating in regularly scheduled or special meetings with Authority, residents, and/or other Contractors; sharing work and materials storage areas; scheduling work to coincide with work of another Contractor and to minimize disruption to residents; and similar tasks requested by the Authority. 1.28 Property Owner Contact The Contractor shall designate an employee to be the "Property Owner Contact". The Property Owner Contact shall be available by a dedicated cell number during all work hours for residents' complaints and concerns. Messages left prior to 5 p.m. shall be returned that same business day. Messages left after 5 p.m. shall be returned prior to 10 a.m. the following business day. The Property Owner Contact is responsible to address residents' concerns to the satisfaction of the resident. The Property Owner Contact is responsible for all coordination of work on a resident's property. Residents shall receive ninety-six (96) hours notice prior to the start of work on the resident's particular property. The Property Owner Contact shall be available for introduction to the residents at the pre -construction conference. Page 1 67 SECTION 2 — SPECIAL PROVISIONS (Standard Specifications for Public Works Construction) 2.1 Mobilization The lump sum price paid for mobilization, bonds and insurance includes all costs associated with all phases, as described in order of work, insurance, bonds, required permits and fees, shop drawings, potholing, moving onto the job (mobilization), moving off the job (demobilization), preparation of project schedule, project phasing, supervision, coordination of concurrent work with other Contractors, meetings, and "as - built" plans required to perform the work indicated in the plans and specifications. The compensation for mobilization for furnishing all labor, materials, tools, equipment and incidentals , and for doing all the work involved in mobilization as specified herein and in accordance with Section 9-3.4 of the Standard Specifications shall be considered as included in the contract lump sum price paid and no additional compensation will be made therefor. 2.2 Traffic Control The Contractor shall furnish and install traffic control in accordance with the CAMUTCD Manual and the WATCH Manual, Section 1.11 of this specification and the Encroachment Permit. The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety devices, as required for public safety or as directed the Authority Designee, shall be considered as included in the contract lump sum price paid and no additional compensation will be made therefor. 2.3 Unclassified Excavation - F Not applicable. 2.4 Finished Roadway Grading - F Not applicable. 2.5 Removals Items for removal as indicated in the plans shall be removed and disposed of in accordance with Section 300-1 of the Standard Specifications. 2.6 Adjust Valve To Grade Not applicable. 2.7 Asphalt Concrete In the event of restoration, asphalt concrete shall be in accordance with the Standard Specifications, latest edition. Page 168 2.8 Class 2 Aggregate Base Not applicable. 2.9 Concrete Construction In the event of restoration, concrete construction shall be in accordance with the Standard Specifications, latest edition. 2.10 Barricade Not applicable. 2.11 Asphalt Concrete Dike Not applicable. 2.12 Irrigation Sleeves In the event of restoration, irrigation sleeves shall be in accordance with the Standard Specifications, latest edition. 2.13 Concrete Structures Not applicable. 2.14 High Density Polyethylene Pipe Not applicable. 2.15 Rock Slope Protection Not applicable. 2.16 Pavement Marking - Paint Not applicable. 2.17 Roadside Signs Not applicable. 2.18 HVAC Units The compensation for furnishing all materials, appurtenances, equipment, machinery, tools, supervision, labor, transportation and incidentals, as required for removal and installation of the HVAC units Proposal), shall be considered as included in the contract lump sum price paid and no additional compensation will be made therefor. 2.19 Operator unit for i-Vu Not applicable. Page 169 ADDITIONAL INFORMATION 1. MAP OF PROPERTIES 2. LIST OF PROPERTY ADDRESSES 3. EPA STANDARDS Page 170 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. PALM DESERT HOUSING AUTHORITY PROPERTIES MIXED MULTI -FAMILY APARTMENTS CALIFORNIA VILLAS 77-107 California Drive DESERT POINTE 43-805 Monterey Avenue LAGUNA PALMS 73-875 Santa Rosa Way NEIGHBORS Office located at Desert Pointe 73-535 Santa Rosa Way ONE QUAIL PLACE 72-600 Fred Waring Drive PALM VILLAGE Office located at Laguna Palms 73-650 Santa Rosa Way TAOS PALMS office located at Desert Pointe 44-830 Las Palmas Avenue # Units 141 64 48 24 384 36 16 SENIOR APARTMENTS CANDLEWOOD Office located at Catalina Gardens 74000 - 74002 Shadow Mountain Drive CATALINA GARDENS 73-600A Catalina Way LA ROCCA VILLAS Office located at Las Serenas 42-135 Golden Eagle Lane LAS SERENAS 73-315 Country Club Drive THE PUEBLOS Office located at Catalina Gardens 73-695 Santa Rosa Way SAGECREST SENIOR Office located at Catalina Gardens 73-811 Santa Rosa Way Property Manager Aine Lopez Grisel Lopez Maribel Rios Grisel Lopez Adelle Alcala Maritrel Rios Grisel Lopez 30 Carolyn Catafusci 72 Carolyn Catalusci 27 Mariana Renteria 150 Mariana Renteria 15 Carolyn Catalusci 14 Carolyn Catalusci Tel / Fax Tel: 345-0452 Fax: 345-1063 Tel: 340-6945 Fax: 340-0735 Tel: 836-1455 Fax: 836-1557 Tel: 340-6945 Fax: 340-0735 Te1:568-9835 Fax: 341-6810 I Tel: 836-1455 Ij Fax: 836-1557 Tel: 340-6945 Fax: 340-0735 Tel: 568-3640 Fax: 346-9560 Tel: 568-3640 Fax: 346-9560 Tel: 773-9040 Fax: 346-9650 Tel: 773-9040 Fax: 346-9650 Tel: 568-3640 Fax: 346-9560 Tel: 568-3640 Fax: 346-9560 13.0 1605.1 Table C-2 Standards for Single Phase Air -Cooled Air Conditioners with Cooling Capacity Less than 65,000 Btu per Hour and Single Phase Air -Source Heat Pumps with Cooling Capacity Less than 65,000 Btu per Hour, Not Subject to EPAct Appliance Minimum Efficiency Effective January 23, 2006 Effective January 1, 2015 Average Off - Minimum Minimum Minimum Minimum Minimum Mode Power SEER HSPF SEER HSPF EER Consumption P„ „if (watts) Split system air conditioners with rated cooling 14.0 12.2 30 capacity < 45.000 Btu/hour' Split system air conditioners with rated cooling 14.0 11.7 30 capacity ? 45,000 Btu/hour' Split system heat pumps Single package air conditioners' Single package heat pumps Space constrained air conditioners - 12.0 12.0 - 30 split system Space constrained heat pumps - split 12.0 7.4 12.0 7.4 33 system Space constrained air conditioners - 12.0 12.0 30 single package Space constrained heat pumps - single 12.0 7.4 12.0 7 4 33 package Small duct. high velocity air 13.0 13.0 30 conditioner systems Small duct, high velocity heat pump 13.0 7.7 13.0 7.7 30 systems ' See 10 C.F.R. section 430.32(c) for less stringent federal standards applcable to these units that are manufactured on or after January 1, 2015 and installed in states other than Arizona, California, Nevada. or New Mexico 13.0 7.7 14.0 13.0 14.0 13.0 7.7 14.0 8.2 8.0 11.0 33 30 33 108