PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITY OF PALM DESERT: REQUEST FOR PROPOSAL NO. 2023-RFP-204HVAC PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT Page | 6
Project Name: CAMD - California Military Department
Project Address: Several Military Armoriesthroughout Los Angeles County Project Owner: CAMD - California Military Department
Project Contact: SSG Javier Hernandez (562) 594-1500 / [email protected] Project Architect: N/A - Repair Work
Scope of Work: Ongoing Maintenance and Repairs for the California Military Department Original Completion Date: May-21
Date Completed: Ongoing - Maintenance Contract Renewed
Initial Contrat Value: $50,000 - $230, 000 / year
Final Contract Value: $50,000 - $230,000 /year (ongoing) Project Name: Marshall Elementary School & Alternative Ed Center - HVAC Replacement Project Address: 12045 Telephone Avenue, Chino, CA
Project Owner: Chino Valley Unified School District
Project Contact: Alex Rivera (909) 625-1207 [email protected] Project Architect: Repair / Retrofit - Chino Valley Unified School District If a Sub - General Contractor: N/A
Scope of Work: Removed and Replaced existing HVAC units Original Completion Date: August & September 2020
Date Completed: August & September 2020
Initial Contract Value: $860,000.00 & $650,000.00
Final Contract Value: $860,000.00 & $650,000.00
PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITYOF PALM DESERT: REQUEST FOR PROPOSAL NO. 2023-RFP-204HVAC PREVENTATIVEMAINTENANCE, REPAIR AND REPLACEMENT Page | 7
Pacific West Industries Inc. employs a large team of professional highly skilled field technicians, including 10 Installation technicians, 11 Service Technicians, and 14 HVAC Controls Technicians. We will designate 2 - 3 for the Palm Desert HVAC Preventative Maintenance, Repair and Replacement project, and can utilize other technicians if necessary. We will also have a Service Manager and Assistant Service Manager assigned to the project. We will always be able to keep up with the demands of the city and keep the HVAC systems running at optimal condition.
On the following page are brief resumes of a few of the staff that will be assigned to the project, along with a few others:
Marcello Marignoli, Service Manager /Project Manager
Daniel Monge, Assistant Service Manager
Oscar Ramos, Controls & Mechanical Technician
Edward Gonzalez, HVAC & Controls Technician
Daniel Vasquez, HVAC Service Tech
Milton Moreno, HVAC Foreman
C1. FIRM STAFFING AND KEY PERSONNEL - Staffing
PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITY OF PALM DESERT: REQUEST FOR PROPOSAL NO. 2023-RFP-204HVAC PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT Page | 8
Kevin Marquardt, Owner & Controls Acct Manager
• 37 years HVAC industry experience. Previous experience includes 3 years with Trane, 5 years with Carrier Corporation, 5 years with EMCOR.
• JJATC Certified Journeyman, NATE Certified, EPA 608 Certified, Image Permanence Institute Environment Control Trained, Edison CTAC; EMS Strategies, EMS Planning, Adjustable Speed Drives, 2000, Andover Controls Training. • Carrier Controls Certified Expert – AutoCAD/Revit, iVu Graphics, ES Certified, IS Certified, CS Certified, ComfortView, CCN Certified, 3V Certified, VVT GEN II & III • Contractor’s Licenses C20, C10
Marcello Marignoli, Service Manager /Project Manager
• 30+ years HVAC industry experience
• Licensed Contractor (C20, C38)
• EPA Universal Certified, OSHA 30 Workplace Safety, Operational Risk Management • Estimating, Project Management, Operations, Construction Management Daniel Monge, Assistant Service Manager
• 18+ years HVAC industry experience
• C20 Contractor’s License
• EPA Universal Certified, OSHA Workplace Safety, Operational Risk Management • Certified Carrier Controls Expert IS/CS/CCN/3V/VVT
Oscar Ramos, Controls & Mechanical Technician
• 8 years HVAC industry experience, 3 years Carrier Controls experience • Carrier Controls Certified iVu Graphics, ES Certified, IS Certified, CS Certified, CCN • Certified Commercial Air Balancer / National Comfort Institute • Certified, 3V Certified, VVT GEN II & III Certified.
Edward Gonzalez, HVAC & Controls Technician
• 7+ years HVAC industry experience
• EPA 608 Universal Certified, NATE Certified, OSHA Workplace Safety • Certified Carrier Controls Expert IS/CS/CCN/3V/VVT
• Certified Commercial Air Balancer / National Comfort Institute • OSHA 10 Hour Certified
C2. FIRM STAFFING AND KEY PERSONNEL - Personnel
CITYOFPALM DESERT: REQUESTFORPROPOSALS(RFP)NO. 2023-RFP-204 HVACPREVENTATIVEMAINTENANCEREPAIRAND REPLACEMENT Robyn Marquardt, CFO
Ted Kim, Accounting Manager
Teresa Moulton, Office/Labor Compliance
Vicky Turner, Accounts Receivable
Renee Malkemus, Accounts Payable
Tori Webb, Labor Compliance/Payroll
Marina Rodriguez, Labor Compliance
Lauren Partida-Barragan, Operations Mgr.
Kevin Marquardt, CEO
Devin Johnson, Project Manager Marcello Marignoli, Service Manager Mike McTarsney Controls Manager Ross Solano, Sales Helen Abgarian, Project Manager George Anthony, Service Manager Randon Hurd, Controls Coordinator Jimmy Juarez, Foreman Daniel Monge, Asst. Service Manager Arnold Carrillo, Foreman Erik Gonzalez, Install Tech John McGowan, Dispatcher Adrian Alano, Controls Tech Jovanny Chavez, Install Tech Daniel Vasquez, Service Tech Mark Blumenshine, Controls Tech Fabrizio De Domenico, Install Foreman Milton Moreno, Service Tech Jim Gilmartin, Controls Tech Robert Castaneda, Install Tech Oscar Ramos, Service Tech Jeremy Person, Controls Tech (AZ) Marc Phillips, Install Foreman Ed Gonzalez, Service Tech Robert Castaneda, Controls Tech Ernie Escobar, Install Tech Joey Negrete, Service Tech Payton Glen, Controls Tech Paul Murphy, Install Tech Joaquin Zuniga, Service Tech Patrick Orr, Controls Tech (AZ) Carlos Sesma, Install Tech Jeremy Aguirre, Service Tech Brice Smith, Graphics Engineer Ty Whiteley, Install Tech Sherman Hudson, Driver/Service Tech Benjamin Boehr, Controls Tech Saul Flores, Service Tech Sean Kinney, Controls Tech
Martin Quesada, Driver/Service Tech Frank Ippolito, Controls Tech Alex Oceguera, Controls Tech
Armando Ramirez, Controls Tech
Jeff Rothwell, Controls Tech
Pacific West Industries Inc. Organizational Chart
CITY OF PALM DESERT: REQUEST FOR PROPOSALS (RFP) NO. 2023-RFP-204 HVAC PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT Primary Contact: Daniel Monge (866) 328-2129 [email protected] Secondary Contact: Marcello Marignoli (866) 328-2129 [email protected] Dispatch: John McGowan (866) 328-2129 [email protected] Page | 9
C3. FIRM STAFFING AND KEY PERSONNEL - Team Organization
PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITY OF PALM DESERT: REQUEST FOR PROPOSAL NO. 2023-RFP-204HVAC PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT Page |10
C4. FIRM STAFFING AND KEY PERSONNEL - Subcontractors
Pacific West Industries Inc. does not foresee an immediate need for any subcontractors at this time.
The majority of the work will be done by our technicians.
If the need should arise during the term of the contract, the below are a few of the subcontractors that we may consider using:
Air Balancing:
Precision Air Balance
Los Angeles Air Balance
Duct Cleaning:
Action Duct Cleaning
Insulation:
Thermo Logic Insulation
Preferred Insulation
Crane Services:
The Crane Guys
Benchmark Crane
Whites Steel / Crane Service
PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITY OF PALM DESERT: REQUEST FOR PROPOSALS (RFP) NO. 2023-RFP-204 HVAC PREVENTATIVE MAINTENANCE REPAIR AND REPLACEMENT Page |11
D. PROPOSED METHOD TO ACCOMPLISH THE WORK:
Pacific West Industries will strive to keep the Heating, Ventilation, and Air Conditioning (HVAC) systems functioning properly within all the city facilities to provide a comfortable and healthy indoor environment. Regular maintenance procedures are the most cost-effective method of ensuring the reliability, safety, and energy efficiency of all systems. Pacific West Industries will adhere to the scope of work / services provided in the bid and contract documents, as listed below:.
Package Units Quarterly
Cooling: Spring / Summer:
Replace filters.
Check operating pressure & temperature.
Check proper operating voltage/amp draw.
Test system safety devices
Lubricate moving parts as needed.
Inspect the blower assembly.
Check blower speed.
Inspect the wiring and control circuit.
Check thermostat operation.
Check coil temperature drops.
Check electrical connections.
Cycle equipment for proper operations.
Check belt condition.
Give a written diagnostic report.
Package Units Quarterly
Heating: Fall/ Winter:
Replace filters.
Check for carbon monoxide.
Inspect heat exchanger.
Check inlet/outlet gas pressure.
Check/adjust fuel air mixture.
Check motors for voltage/amp draw.
Test system safety devices.
Inspect blower assembly.
Check/calibrate thermostat operation.
Check for gas leaks at furnace.
Check temperature rise.
Check combustion air.
Check ignition system.
Check electrical connections.
Lubricate moving parts as needed.
Cycle furnace to ensure correct operation.
Give written diagnostics report.
Bi-Annually:
Check and clear condensate lines.
Rinse condensate coils
Annually:
Test refrigerant levels.
Clean evaporative coils.
PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITY OF PALM DESERT: REQUEST FOR PROPOSAL NO. 2023-RFP-204HVAC PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT Page | 12
Evaporative Cooler / Heater Units Quarterly
Cooling: Spring / Summer:
Clean pan strainer (if applicable)
Clean and flush pan
Check bleed valve to ensure operation.
Check operating level in pan, adjust float valve as necessary.
Check water distribution and spray pattern.
Check drift eliminators (if applicable)
Check fan blades for crack, missing, balancing weights and vibrations.
Check sheaves and bushings for corrosion.
Lubricate fan shaft bearings.
Check belt tension, adjust and replace when as necessary.
Sliding motor base – Inspect and grease as needed.
Check fan screens, inlet louvers and fans, remove dirt or debris.
Check evaporative cooler pads and replace as necessary.
Check all electrical components.
Check water pump for proper operations.
Evaporative Cooler / Heater Units Quarterly
Heating: Fall / Winter (Where Applicable):
Heater controller – inspect controller and clean probe ends.
Heater – Inspect junction box for loose wires and moisture.
Heater – Inspect elements for scale build up.
Electronic Water Level Controller – Inspect junction box for loose wiring and moisture.
Electronic Water Level Controller – Clean probe ends of scale build up.
Electronic Water Level Controller – Clean inside the standpipe Solenoid Make-up Valve – Inspect and clean valve of debris.
Vibration Switch – Inspect enclosure for loose wiring and moisture.
Vibration switch – Adjust for sensitivity.
Water level Indicator – Inspect and clean.
140,391 11,699.25
597.50 7,170
700 8,400
434 5,208
253.25 3,039
818 9,816
1,346.25 16,155
474 5,688
469.50 5,634
240.25 2,883
420.75 5,049
330.25 3,963
247.75 2,973
392.50 4,710
221,079
Pacific West Industries Inc
07/28/2023
Rovbyn Marquardt, Vice
President/CFO
1 PACIFIC WEST INDUSTRIES, INC.
4051 E LA PALMA AVE., STE A
ANAHEIM, CA 92807
866-328-2129 FAX: 714-630-4049
City of Palm Desert HVAC Preventative Maintenance, Repair and Replacement FEE SCHEDULE – RATE SHEET
Regular Straight Time Rates (Monday – Friday) $159.00 / Hour Overtime (After 5:00 & Saturdays) $238.50 / Hour
Double Time (Sundays & Holidays) $318.00 / Hour
PACIFIC WEST INDUSTRIES INC
4051 E LA PALMA AVE, STE A
ANAHEIM, CA 92807
866-328-2129
CITY OF PALM DESERT: REQUEST FOR PROPOSAL NO. 2023-RFP-204HVAC PREVENTATIVE MAINTENANCE, REPAIR AND REPLACEMENT Page | 8
Kevin Marquardt, Owner & Controls Acct Manager
• 37 years HVAC industry experience. Previous experience includes 3 years with Trane, 5 years with Carrier Corporation, 5 years with EMCOR.
• JJATC Certified Journeyman, NATE Certified, EPA 608 Certified, Image Permanence Institute Environment Control Trained, Edison CTAC; EMS Strategies, EMS Planning, Adjustable Speed Drives, 2000, Andover Controls Training. • Carrier Controls Certified Expert – AutoCAD/Revit, iVu Graphics, ES Certified, IS Certified, CS Certified, ComfortView, CCN Certified, 3V Certified, VVT GEN II & III • Contractor’s Licenses C20, C10
Marcello Marignoli, Service Manager /Project Manager
• 30+ years HVAC industry experience
• Licensed Contractor (C20, C38)
• EPA Universal Certified, OSHA 30 Workplace Safety, Operational Risk Management • Estimating, Project Management, Operations, Construction Management Daniel Monge, Assistant Service Manager
• 18+ years HVAC industry experience
• C20 Contractor’s License
• EPA Universal Certified, OSHA Workplace Safety, Operational Risk Management • Certified Carrier Controls Expert IS/CS/CCN/3V/VVT
Oscar Ramos, Controls & Mechanical Technician
• 8 years HVAC industry experience, 3 years Carrier Controls experience • Carrier Controls Certified iVu Graphics, ES Certified, IS Certified, CS Certified, CCN • Certified Commercial Air Balancer / National Comfort Institute • Certified, 3V Certified, VVT GEN II & III Certified.
Edward Gonzalez, HVAC & Controls Technician
• 7+ years HVAC industry experience
• EPA 608 Universal Certified, NATE Certified, OSHA Workplace Safety • Certified Carrier Controls Expert IS/CS/CCN/3V/VVT
• Certified Commercial Air Balancer / National Comfort Institute • OSHA 10 Hour Certified
C2. FIRM STAFFING AND KEY PERSONNEL - Personnel
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 24, 2023
PREPARED BY: Sarah Castro, Administrative Assistant
REQUEST: RESOLUTION AUTHORIZING DESTRUCTION OF OBSOLETE
RECORDS FROM THE FINANCE DEPARTMENT AND HUMAN
RESOURCES DEPARTMENT
RECOMMENDATION:
Adopt a Resolution authorizing the destruction of obsolete records from the Finance Department and Human Resources Department pursuant to California Government Code Section 34090.
BACKGROUND/ANALYSIS:
Government Code Section 34090 permits the destruction of City records with the written consent of the City Attorney and approval by the City Council. The City’s records retention program, adopted on December 15th, 2022, by Resolution No. 2022-98, established retention periods for all City records and provides for the systematic destruction of obsolete records.
In accordance with the Retention Program, attached is Exhibit “A” the Records Destruction Certificate, which lists the records submitted for destruction. The Certificate will be reviewed and signed by the City Attorney as well as the City Clerk prior to destruction of all records.
FINANCIAL IMPACT:
Destroying obsolete records reduces the cost associated with offsite document storage and records management. These records were housed in Unit 106 at Parkview Office Complex for a number of years. Their removal provided space for a new tenant, generating revenue for the Enterprise Fund.
ATTACHMENTS:
1. Resolution
2. Records Destruction Certificate – Exhibit “A”
Form RS-2/2023
C:\Program Files\eSCRIBE\TEMP\16402181273\16402181273,,,Resolution Obselete Records.doc Thursday, August 17, 2023 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND
AUTHORIZING THE DESTRUCTION OF PAPER RECORDS FROM THE
FINANCE DEPARTMENT AND HUMAN RESOURCES, AS INDICATED ON THE RECORDS RETENTION SCHEDULE (ADOPTED DECEMBER 15,
2022). RECORDS FROM 1975-2017 AND 1994-2007, RESPECTIVELY (EXHIBIT A)
WHEREAS, the Finance Department and Human Resources of the City of Palm Desert, California, has records that have met or exceeded the retention period caused by the official files, records, exhibits, and other documents of said office pursuant to the Retention Schedule set forth on City Council Resolution No. 2022-98; and WHEREAS, said files are not the subject of any claim, litigation, investigation, or audit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:
Section 1. That the above recitations are true and correct and constitute the findings of the City Council in this matter.
Section 2. That it does hereby approve the destruction of all documents and records from files as set forth in Exhibit “A,” attached hereto, which have met or exceeded their retention period.
Section 3. That the reports mentioned on Exhibit “A” for the Finance Department from 1980 to 2017 and Human Resources from 1994 to 2007 have exceeded their retention period. Both paper and digital records will be destroyed.
ADOPTED ON _________, 2023.
____________________________
KATHLEEN KELLY
MAYOR
ATTEST:
________________________________
ANTHONY J. MEJIA
CITY CLERK
RESOLUTION NO. 2023-
August 17, 2023
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on ______, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEROF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on __________________, 2023. ________________________________
ANTHONY J. MEJIA
CITY CLERK
Citywide Records Management Policy Resolution No. 2022-98 Administrative Procedures Manual CLRK-001
EXHIBIT A
Request to Destroy Obsolete Records
CITY OF PALM DESERT
AUTHORITY TO DESTROY OBSOLETE RECORDS
Dept. Retention
No.
Description
of Record Years Covered Retention
Period
Shred
or
Discard
Finance/
Admin FN-004 Audit Work Papers 1994, 1996-1997, 2007-2008, 2012 5 years Shred/
Destroy
electronic
files
Finance/
Admin FN-006 Budgets- Preliminary, backup documents 1997-2000 2 years Shred/
Destroy
electronic
files
Finance/
Admin FN-007
Fixed Assets-Inventory
Backups, Journal Backups,
Purchase Agreements
1989-1997, 1998-
2001, 2002-2003
2001-2006, 2007-
2008, 2015-2016
5 years
Shred/
Destroy
electronic
files
Finance/
CDBG FN-009 CDBG all reports 2004-2008, 2012-2014 5 years Shred/
Destroy
electronic
files
Finance/
Accounting FN-015 Accounts Payable
(Wires, Bond Payments)
1989-1990, 1993-
1998, 2001-2002,
2005, 2007, 2008-
2010, 2015-2016
5 years
Shred/
Destroy
electronic
files
Finance/
Accounting FN-016 Accounts Receivable / TOT 1990-1998, 2007- 2009 5 years
Shred/
Destroy
electronic
files
Finance/
Accounting FN-017
Bank Receipts, Bank
statements, Trustee
Statements, NSF
1997-1998, 2002-
2003, 2005-2010,
2015-2016,
7 years
Shred/
Destroy
electronic
files
Finance/
Accounting FN-021
Cash Receipts / Daily Cash
Summaries / Cashiers
Reports / Treasurers
Receipts (TRs)
1989-1990, 1993-
1994, 1998, 2003-
2004, 2008-2009,
2011, 2013-2014
5 years
Shred/
Destroy
electronic
files
Finance/
Accounting FN-022 Warrant Register 2003 10 years
Shred/
Destroy
electronic
files
Finance/
Accounting FN-026 Treasurer's Reports/
Investment Reports
1980-1989, 1999-
2000 5 years
Shred/
Destroy
electronic
files
Administrative Procedures Manual CLRK-001
Citywide Records Management Policy Resolution No. 2022-98 I consent to the destruction of these obsolete records according to accepted policies and procedures.
City Clerk Date City Attorney Date
Approved by City Council:
Original: City Clerk’s Office
Copy: Department
Finance/
Accounting FN-028 Journal Entries/ Journal
Vouchers
1980, 1986-1992,
2000-2005, 2010-
2012, 2015-2016
5 years
Shred/
Destroy
electronic
files
Finance/
Accounting FN-030 State Controller's Report 2010-2013 5 years Shred/
Destroy
electronic
files
Finance/
Payroll FN-036
Payroll Reports - Periodic
(includes Deduction
Registers, Leave Registers,
Time Transaction Reports,
etc.)
1993-1994 5 years
Shred/
Destroy
electronic
files
Finance/
Payroll FN-037
Time Sheets / Timecards /
Overtime Sheets / Overtime
Cards / Payroll Changes
1993-1994 5 years
Shred/
Destroy
electronic
files
Finance/
Payroll FN-038 W2’s 1990-2013, 2014-2015 5 years
Shred/
Destroy
electronic
files
Human
Resources HR-020 Workers Compensation 1994-2007 5 years Shred/
Destroy
electronic
files
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 24, 2023
PREPARED BY: Shawn Muir, Community Services Manager
REQUEST: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK
AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS
RECOMMENDATION:
1. Pursuant to PDMC Section 3.30.160(I), award Contract No. C44620D to R&R B Inc. dba Servpro of Chino/Chino Hills, Chino, California and Contract No. C44620E to Doug Wall Construction, Bermuda Dunes, California for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount not to exceed $3,000,000 per fiscal year.
2. Authorize the City Manager to review and approve up to two (2) additional one-year terms per contract for an aggregated amount not to exceed $3,000,000 per fiscal year.
3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances.
4. Authorize the City Manager to execute said agreements.
BACKGROUND/ANALYSIS:
There are currently 12 main building facilities and 12 park facilities in the City of Palm Desert that require a considerable number of repairs and/or improvements for safety, functionality, and marketability. City facilities are outlined in the table below:
Buildings Fire Stations Parks and Recreation
City Hall
73510 Fred Waring Drive
Fire Station No. 33
44400 Towne Center Way
Aquatic Center
73751 Magnesia Falls Drive
Community Center
72559 Highway
Fire Station No. 67
73200 Mesa View Drive
Cahuilla Hills Park
Tierra Del Oro
Corporation Yard
74705 42nd Avenue
Fire Station No. 71
73995 Country Club Drive
Cap Homme/Ralph Adams Park
72500 Thrush Road
Portola Community Center
45480 Portola Avenue
Future Fire Station No. 102
(FY 2024/25)
Civic Center Park
43900 San Pablo Ave
PD Sheriff Substation
73520 Fred Waring Drive
Freedom Park
77400 Country Club Drive
Parkview Office Complex-2 St
73710 Fred Waring Drive
Hovley Soccer Park
74735 Hovley Lane
Parkview Office Complex-1 St
73720 Fred Waring Drive
Ironwood Park
47800 Chia Drive
iHUB (Lease Responsibility)
37023 Cook Street, Ste 102
Joe Mann Park
77810 California Drive
Henderson Building Magnesia Falls City Park
74200 Rutledge Way
Artists Center Palma Village Park
City of Palm Desert
Award Contracts for Facilities Improvements
44550 San Carlos Ave
Palm Desert Historical Society University Park East
74902 University Park Drive
University Dog Park
74802 University Park Drive
Washington Charter School Park
45768 Portola Avenue
Future Buildings Future Parks
In January 2023, the City Council awarded Contracts C44620A-C to PUB Construction, Inc., Belfor USA Group, and Elite Customs Construction in the aggregated annual amount of $750,000. These agreements will be amended to be consistent with the $3M aggregate amount for the facilities on-call contracts. Since the award of those contracts eight months ago, over 25 improvement projects have been completed, and 12 more are being initiated. Having multiple contractors on call to address the City’s needs helps staff provide a fast response to areas in need of attention. This type of contract has proven to be in the best interest of the City by allowing deferred maintenance projects to be completed quickly. By adding two additional contractors to this pool, Staff will be able to further their ability to obtain competitive bids from the on-call contractors as projects are initiated.
Due to previous years of deferred maintenance, age, high usage, and the often-immediate nature of repair or improvement needs, staff seeks to award an additional two “on-call” contracts to vendors that can efficiently and effectively respond to the City’s needs. Therefore, staff developed and posted a Request for Proposals (RFP) for the Facilities Repairs and Improvements Project on OpenGov (the City’s online public bidding portal) on June 13, 2023, with a due date of July 19, 2023. A mandatory pre-proposal meeting was held on June 27, 2023.
Four vendors were in attendance and four submitted proposals, however one of the submitters did not attend the mandatory pre-proposal meeting and had to be disqualified. Staff reviewed the three qualified proposals and identified two contractors to award using the evaluation guidelines established in the RFP (clarity and conformance, experience, performance, content of the proposal, and references). Staff recommends awarding contracts to the following:
Proposer Location Ranking
R&R B Inc dba Servpro of Chino/Chino Hills Chino, CA 1
Doug Wall Construction Bermuda Dunes, CA 2
References for each contractor provided favorable comments to their ability to start and complete projects on time, provide good communication, and customer service.
By awarding the aggregate (collective) amount of $3,000,000 per fiscal year among a total of five (5) contractors, the City will have the ability to utilize each contractor’s expertise for specific task orders and avoid unneeded scheduling delays that could occur.
City of Palm Desert
Award Contracts for Facilities Improvements
FINANCIAL IMPACT:
The approved Public Works Operations and Capital Improvement Project (CIP) Budget for Fiscal Year 2023-24 includes approximately $3,575,000 for repairs and improvement projects under various accounts. Therefore, there is no additional financial impact to the general fund.
The following is the estimated allocation budget for each account; however, this does not mean that the contract is limited to these accounts, not that the full amount will be allocated or spent:
Account No. Description Budget Contract
Total
1104610-4331000 & 4004674-4400100 Civic Center Park $450,000 1104611-4331000 & 4004618-4400100 Parks $450,000
1104614-4392101 Entrada del Paseo $50,000
1104330-4331000 & 4004330-4400100 Corporation Yard $350,000 1104340-4331000 & 4504161-4400100 City Hall $250,000
1104344-4331000 & 4504439-4400100 Portola $100,000
1104800-4388500 & 4504164-4388500 Artists Center $450,000 2304220-4331000 & -4400100 Fire Stations $945,000
2424195-4331101 & -4400100 Aquatic Center $370,000
5104195-4331000 & -4337000 Government Bldgs. $160,000
TOTAL $3,575,000
$3,000,000
ATTACHMENTS:
1. Servpro Proposal
2. Servpro Agreement and Bonds
3. Doug Wall Construction Proposal
4. Doug Wall Construction Agreement and Bonds
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
RESPONSE DEADLINE: July 19, 2023 at 2:00 pm
Report Generated: Saturday, July 29, 2023
R&R B Inc DBA Servpro of Chino/Chino Hills Proposal
CONTACT INFORMATION
Company:
R&R B Inc DBA Servpro of Chino/Chino Hills
Email:
[email protected]
Contact:
Amber Pedersen
Address:
13885 Redwood Ave
Chino, CA 91710
Phone:
(909) 548-3191
Website:
servprochinochinohills.com
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
Submission Date:
Jul 19, 2023 10:19 AM
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 18, 2023 2:02 PM by Amber Pedersen
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Pass
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.
City_of_Palm_Desert_RFP_2023-RFP-201.pdf
2. Non-Collusion Declaration*
Pass
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number* Pass
Please enter your License Number here. This will be verified against the state database 935856
Click to Verify Value will be copied to clipboard
4. Type of Business*
Pass
S Corporation (if corporation, two signatures are required)
5. Litigation*
Pass
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
N/A
6. Changes to Agreement*
Pass
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
N/A
7. No Deviations from the RFP*
Pass
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").
N/A
8. Project Team Resumes*
Pass
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
Palm_Desert_RFP_Bios.pdf
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
9. List the Signatory(s) Authorized to Sign and Bind an Agreement.* Fail
(If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Rick Brogdon, President/Owner, 13885 Redwood Ave. Chino, CA 91710, [email protected] (909)548-3191
10. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Pass
Confirmed
PRICE TABLES
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Construction Foreman 1 Hourly Rate $125.00 $125.00
2 Construction Supervisor 1 Hourly Rate $125.00 $125.00 3 Framer 1 Hourly Rate $125.00 $125.00
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
Line Item Description Quantity Unit of Measure Unit Cost Total 4 Drywall Installer 1 Hourly Rate $125.00 $125.00
5 Plumber 1 Hourly Rate $125.00 $125.00
6 Concrete Worker 1 Hourly Rate $125.00 $125.00
7 Carpenter 1 Hourly Rate $125.00 $125.00
8 Painter 1 Hourly Rate $115.00 $115.00
9 Welder 1 Hourly Rate $125.00 $125.00
10 Flooring Installer 1 Hourly Rate $125.00 $125.00
11 Laborer 1 Hourly Rate $111.00 $111.00
TOTAL $1,351.00
RE: Facilities Repairs and Improvements Project 2
RFP 2023-RFP-201
Prepared for:
Prepared By:
Cindy Helmstead, Director of Sales & Marketing
Account Manager
[email protected]
2 Table of Contents
Cover Letter…………………………………………………………..3
Experience and Technical Competence………………………....4
Background…………………………………………………………...4
References…………………………………………………………….5
Firm Staffing and Key Staffing…………….…………………….10
Staffing………………………………………………………………..10
Key Personnel………………………………………………………..11
Team Organization ………………………………………………….12
Subcontractors……………………………………………………….13
Proposed Method to Accomplish the Work…….……………..14
3 SERVPRO Team Brogdon
13885 Redwood Ave
Chino, CA 91710
Office: (909) 548-3191
Richard Trupiano
City of Palm Desert
PW - Operations & Maintenance
Phone: (760) 776-6327
[email protected]
Re: Proposal for Facilities Repairs and Improvements Project 2 We are pleased to submit our response to the Facilities Repairs and Improvements Project RFP.
SERVPRO Team Brogdon, a highly qualified and experienced contractor, is eager to offer our expertise and commitment to successfully complete this ongoing project.
R&R B, Inc. – SERVPRO Team Brogdon, specializes in construction, project management, and consulting services. With a focus on quality restoration and extensive experience in emergency and nonemergency services, we possess the necessary skills to address the facilities repairs and improvements needed. Our firm's general qualifications lie in our reputation for delivering exceptional results, adhering to high-quality standards, and maintaining effective project management. We have successfully executed numerous projects, including mitigation, fire damage restoration, mold remediation, asbestos/lead abatement, and various construction initiatives. Our extensive experience and expertise position us as a trusted contractor in the industry.
Our specific approach to delivering the work scope for the Facilities Repairs and Improvements Project emphasizes efficient project execution, effective management, and seamless communication. We will conduct regular site visits, perform thorough assessments, and provide detailed reports outlining maintenance projects, estimated costs, and project timelines. Our dedicated team of skilled technicians, supported by a reliable network of subcontractors, ensures the successful completion of complex construction tasks, comprehensive project management, and expert consulting services.
SERVPRO Team Brogdon Owners Rick Brogdon and Rhonda Brogdon, located at 13885 Redwood Ave, Chino, CA 91710 and reachable at 909-548-3191 are available to negotiate Agreement terms and compensation on behalf of SERVPRO Team Brogdon.
Cindy Helmstead, Director of Sales & Marketing, will serve as the Account Manager for the City of Palm Desert.
Warm regards,
Amber Pedersen
Office Administrator
[email protected]
4 Experience and Technical Competence.
Background
SERVPRO Team Brogdon is a leading provider of commercial, industrial, and residential restoration, construction, and cleaning services that specializes in water, fire, and mold damage, asbestos abatement as well as biohazard and crime scene cleanup. We’re here 24/7/365 to respond to any emergency.
Trust us to make it "Like it never even happened."
Founded and led by the dynamic duo of Rick Brogdon and Rhonda Brogdon, SERVPRO Team Brogdon stands as a testament to their unwavering dedication and exceptional leadership. With over 17 years as SERVPRO franchise owners, Rick and Rhonda have been instrumental in establishing a strong presence in the industry. Currently at the helm of seven franchises in Southern California, spanning across San Bernardino and Riverside counties, SERVPRO Team Brogdon's reach extends far and wide. Their franchise locations include Chino/Chino Hills, Hesperia/Apple Valley/Barstow/Twentynine Palms/Victorville, Palm Springs, and Indio/Coachella/Indian Wells/La Quinta.
We take pride in our Indio office, which has been serving the Palm Springs, Coachella, Indian Wells, and La Quinta communities for over 40 years. Equipped with a 10,000 square foot warehouse, office space, a robust fleet of trucks, and a skilled team of technicians and employees, we have the necessary resources to handle any repair, improvement, or emergency service required by the City of Palm Desert.
SERVPRO Team Brogdon has a proven track record of successfully completing projects that align with the specifications outlined in the RFP. Our expertise covers a wide range of construction disciplines, including framing, drywall installation, painting, concrete work, carpentry, welding, flooring installation, fixtures, and plumbing. With an in-house team of skilled professionals, we ensure meticulous execution and outstanding results throughout the construction process.
Moreover, we have established a vast network of top-quality subcontractors who complement our inhouse capabilities. These subcontractors have been carefully vetted based on their expertise, reliability, and commitment to delivering exceptional results. By leveraging this network, we enhance the efficiency and overall quality of our projects, ensuring timely completion and customer satisfaction.
At SERVPRO Team Brogdon, we understand the unique requirements of the City of Palm Desert. Our experienced team is adept at coordinating multiple trades, managing complex timelines, and adhering to stringent industry standards. From foundational elements such as concrete and framing to the final touches of fixtures and plumbing, we possess the skills and resources to consistently deliver outstanding results.
We are excited about the opportunity to collaborate with the City of Palm Desert on this project. With our proven expertise, extensive experience, and unwavering commitment to excellence, SERVPRO Team Brogdon is the ideal partner to fulfill the construction, project management, and consulting needs outlined in the RFP.
5 References
We take pride in our extensive portfolio of successfully completed projects that demonstrate our ability to deliver the services outlined in the RFP. These projects have showcased our expertise and proficiency in various construction disciplines, including framing, drywall installation, painting, concrete work, carpentry, welding, flooring installation, fixtures, and plumbing. Each reference provided below exemplifies our commitment to quality, timely execution, and customer satisfaction. We invite you to review these references, which serve as a testament to our capabilities and track record of excellence.
Title of Project: Hi Desert Word Center
Address: 30918 Soapmine Rd. Barstow, CA 92311
Contact Person: Katie Sampler
Telephone No.: 760-256-1312
Scope of Service: Drywall, painting, insulation, finish carpentry, electrical Project Location: 30918 Soapmine Rd. Barstow, CA 92311
Date of Completion: 09/19/2022
Contract Amount: $38,129
Title of Project: Home 2 Suites
Address: 2570 Fisher Blvd. Barstow, CA 92311
Contact Person: Katherine H.
Telephone No.: 909-731-6181
Scope of Service: Paint, drywall, insulation, wallpaper, plumbing, tile Project Location: 2570 Fisher Blvd. Barstow, CA 92311
Date of Completion: 10/20/2022
Contract Amount: $78,000
Title of Project: Desert City Dialysis
Address: 11883 Amethyst Rd. Suite 101 Victorville, CA 92392 Contact Person: Len Noy
Telephone No.: 978-560-9739
Scope of Service: Cabinets, drywall, paint, insulation
Project Location: 11883 Amethyst Rd. Suite 101 Victorville, CA 92392 Date of Completion: 03/21/2023
Contract Amount: $9,000
Title of Project: Coachella Valley Unified School District Address: 87-225 Church St. Thermal, CA 92274
Contact Person: David Baucom
Telephone No.: 760-848-1872
Scope of Service: Abatement and window replacement
Project Location: 83800 Airport Blvd. Thermal, CA 92274 Date of Completion: In Progress
6 Contract Amount: $134,000
References – Continued
Title of Project: Desert Sands Unified School District
Address: 47950 Dune Palms Rd. La Quinta, CA 92253
Contact Person: Johnny Alvarez
Telephone No.: 760-771-8553
Scope of Service: Repairs, shelfing, cabinets, countertops Project Location: 83200 Dr. Carreon Blvd. Indio, CA 92201 Date of Completion: 06/16/2023
Contract Amount: $7,515
Title of Project: JFK Memorial Hospital
Address: 47-111 Monroe St. Indio, CA 92201
Contact Person: Todd Sackett
Telephone No.: 760-775-8191
Scope of Service: Cabinets, countertops, drywall, paint Project Location: 47-111 Monroe St. Indio, CA 92201
Date of Completion: 06/01/2023
Contract Amount: $11,000
Title of Project: Immanuel Christian School
Address: 201 W. Graaf Ave. Ridgecrest, CA 93555
Contact Person: Heather Urich
Telephone No.: 760-446-6114
Scope of Service: Drywall, tape, mud, texture, primer, paint, countertops, cabinets and abatement Project Location: 201 W. Graaf Ave. Ridgecrest, CA 93555 Date of Completion: 07/18/2022
Contract Amount: $152,019
7 Letters of Recommendation
8
9
10
11 Firm Staffing and Key Personnel
Staffing
At SERVPRO Team Brogdon, we take pride in the strength and capabilities of our staff, which consists of over 25 skilled technicians spread across our three offices. This dedicated workforce empowers us to handle a wide range of maintenance projects for the City of Palm Desert efficiently. Our technicians bring a wealth of expertise and experience to the table, allowing us to deliver high-quality services that meet the city's needs and exceed expectations.
Our Indio office, conveniently located at 81785 Trader Place Suite A, Indio, CA 92201, serves as the primary responding office for the City of Palm Desert. This office is equipped with a 10,000 square foot warehouse, spacious office facilities, and an extensive fleet of trucks. With these resources at our disposal, along with a highly skilled team of technicians and employees, we have the necessary infrastructure and capabilities to handle any repair, improvement, or emergency service required by the City of Palm Desert.
To ensure the successful execution of maintenance projects, all services rendered for the City of Palm Desert will be overseen by Curtis Brogdon, our Operations Manager. Curtis brings extensive knowledge and experience to his role, ensuring that each project is meticulously planned, coordinated, and executed to meet the city's requirements and specifications. Supported by a team of key personnel, including Kristy Dayton, Dave Garcia, Aubrey Garcia, and Cindy Helmstead, our dedicated team is committed to delivering exceptional results and providing a seamless experience for the City of Palm Desert.
In addition to our skilled in-house team, we leverage our extensive subcontractor network to further enhance our capabilities. Our carefully selected subcontractors have a proven track record of delivering exceptional workmanship and meeting project deadlines. We strategically utilize their specialized expertise to handle specific aspects of the maintenance projects, allowing us to provide comprehensive solutions that address the city's unique needs. Through this collaborative approach, we ensure that all work is executed to the highest standards, leveraging the combined expertise of our in-house team and trusted subcontractors.
By leveraging our skilled staff and subcontractor network, SERVPRO Team Brogdon is fully equipped to successfully execute maintenance projects for the City of Palm Desert. Our comprehensive approach, attention to detail, and commitment to exceeding expectations enable us to deliver exceptional results, tailored to meet the specific needs of the city. We are dedicated to providing the highest level of service, ensuring the long-term functionality, safety, and aesthetics of the city's facilities.
12 Key Personnel
Curtis Brogdon, Operations Manager: Curtis Brogdon is a highly experienced professional who brings a wealth of knowledge and expertise to his role as Operations Manager. With a deep understanding of the industry, Curtis oversees the assessment and planning of work for SERVPRO Team Brogdon. He plays a pivotal role in ensuring that each project is carefully evaluated, meticulously planned, and executed to meet the specific requirements of the City of Palm Desert. Curtis's attention to detail, strategic thinking, and extensive experience contribute to the successful implementation of maintenance projects.
Kristy Dayton, Construction Manager: As the Construction Manager, Kristy Dayton plays a vital role in collaborating closely with Curtis Brogdon in the assessment and planning of work. With her comprehensive understanding of construction principles and techniques, Kristy brings valuable insights to the table. Her meticulous attention to detail ensures that every aspect of the maintenance projects is thoughtfully considered, resulting in effective execution and successful outcomes. Kristy's expertise and dedication contribute to the seamless coordination and management of construction activities.
Dave Garcia, Project Manager: Dave Garcia is a seasoned project manager with a proven track record of delivering successful outcomes. Working closely with our team based in the Indio office, Dave ensures the smooth execution of projects. His leadership, organization, and effective communication skills enable him to provide guidance and supervision to our technicians. Dave's ability to navigate complex project requirements, allocate resources efficiently, and monitor progress closely ensures that projects are completed on time and to the highest standards.
Aubrey Garcia, Project Manager: Aubrey Garcia collaborates with Dave in overseeing the project management aspect of SERVPRO Team Brogdon's operations. With a wealth of experience and expertise, Aubrey contributes to the seamless execution of tasks and adherence to project objectives.
Together with Dave, Aubrey ensures that all tasks are carried out efficiently, deadlines are met, and quality workmanship is maintained throughout the duration of the projects. Their combined knowledge and dedication enable them to overcome challenges and deliver exceptional results.
Cindy Helmstead, Director of Sales and Marketing, Account Manager: Cindy Helmstead serves as the dedicated Account Manager for the City of Palm Desert. As the primary point of contact, Cindy ensures seamless communication between SERVPRO Team Brogdon and the City. Her role is to address concerns promptly, facilitate effective coordination, and ensure that client expectations are met or exceeded. Cindy's commitment to client satisfaction, proactive approach, and exceptional organizational skills make her an invaluable asset in maintaining a strong partnership with the City.
13 Team Organization
Our team is organized to ensure optimal coordination and efficiency throughout the project. Under the leadership of Curtis Brogdon, Kristy Dayton, Dave Garcia, and Aubrey Garcia, our technicians work together to execute the necessary maintenance tasks. This collaborative approach ensures smooth operations and adherence to project timelines.
Supporting our technicians and project managers are our office administrators, Amber Pederson and Heather Schaeffer. They play a vital role in handling administrative tasks, supporting the team, and contributing to the overall success of our projects.
With this well-structured staffing setup, key personnel in strategic roles, and a cohesive team organization, SERVPRO Team Brogdon is well-prepared to deliver exceptional results and foster a successful partnership with the City of Palm Desert.
14 Subcontractors
In addition to our in-house expertise, we maximize our capabilities by utilizing a network of trusted subcontractors. These subcontractors have been carefully selected based on their specialized skills and proven track record of delivering high-quality workmanship. When necessary, we leverage their expertise to handle specific aspects of the projects, ensuring that all tasks are executed to the highest standards.
By collaborating with our subcontractors, we are able to tap into their specialized knowledge and capabilities, enhancing the overall quality and efficiency of our projects. This allows us to address diverse maintenance needs across various disciplines, including framing, drywall installation, painting, concrete work, carpentry, welding, flooring installation, fixtures, and plumbing. We maintain close relationships with our subcontractors, ensuring clear lines of communication, coordination, and accountability.
Our team actively oversees and manages the work of subcontractors, providing guidance, supervision, and quality control to ensure their work aligns with our commitment to excellence. This collaborative approach allows us to scale our workforce and resources based on project demands, ensuring that we can meet tight deadlines, handle multiple concurrent projects, and deliver services efficiently.
By leveraging our extensive subcontractor network in conjunction with our skilled in-house team, SERVPRO Team Brogdon ensures the successful execution of maintenance projects for the City of Palm Desert. Through this strategic approach, we offer comprehensive solutions tailored to meet the specific needs of the city, delivering exceptional results that exceed expectations.
List of Subcontractors:
Name Under Which Subcontractor is Licensed: Jergensen Construction License Number: 536592
Address of Office, Mill or Shop: 9320 Daisy Rd. Oak Hills, CA 92344 Specific Description of Sub-Contract and Bid Items of Work: Concrete Name Under Which Subcontractor is Licensed: Western Plumbing License Number: 1021101
Address of Office, Mill or Shop: 2784 Wycliffe St. Corona, CA 92879 Specific Description of Sub-Contract and Bid Items of Work: Plumbing Name Under Which Subcontractor is Licensed: California On-Site Welding License Number: 999417
Address of Office, Mill or Shop: 23702 Cruise Circle Dr. Canyon Lake, CA 92587 Specific Description of Sub-Contract and Bid Items of Work: Welding Name Under Which Subcontractor is Licensed: Vector USA
License Number: 654046
Address of Office, Mill or Shop: 8647 Ninth St. Rancho Cucamonga, CA 91730 Specific Description of Sub-Contract and Bid Items of Work: Audio/Visual
15 Proposed Method to Accomplish the Work
Assessment and Planning: Our skilled technicians will regularly visit each facility listed in the scope of work. During these visits, we will conduct thorough inspections and assessments to identify maintenance needs and recommend improvement projects. Our expertise spans various areas, including framing, drywall installation, painting, concrete work, carpentry, welding, flooring installation, fixtures, and plumbing. Working closely with City staff, we will develop long-term plans for facility upkeep, ensuring that each location's unique requirements are addressed.
Resource Allocation and Subcontractor Network: With a highly skilled in-house team, we possess the proficiency to handle a wide range of maintenance tasks directly. Our technicians specialize in various trades, enabling us to efficiently address maintenance needs across multiple disciplines. Additionally, we have cultivated a network of trusted subcontractors who excel in specific areas. This strategic partnership allows us to tap into their expertise when necessary, ensuring that all projects are completed to the highest standards.
Task Scheduling and Milestones: Collaborating closely with City staff, we will develop a detailed schedule of tasks, milestones, and deliverables for the entire contract term. This schedule will prioritize maintenance projects based on their urgency and importance. By establishing clear deadlines for each task, we ensure effective project management and progress monitoring. Regular updates will be provided to the City, promoting transparency and facilitating adjustments as needed.
Collaboration and Communication: Open communication and collaboration are vital to the success of any project. We will establish clear communication channels and designate specific points of contact to ensure prompt response to maintenance requests and efficient coordination of site visits. By actively engaging in discussions with City staff, we will address any modifications or additional tasks required to achieve the project goals effectively.
Quality Assurance: Our commitment to delivering high-quality workmanship is unwavering. Adhering to industry best practices, building codes, and safety regulations, our technicians will ensure that all maintenance projects meet the highest standards. Thorough quality inspections will be conducted throughout the process to identify and address any deficiencies promptly. Our goal is to ensure that the City's facilities are safe, functional, and aesthetically pleasing.
16 Proposed Method to Accomplish the Work - Continued
Emergency Response Plan:
We understand the critical importance of emergency preparedness, and as part of our proposal, we have developed an expanded Emergency Response Plan tailored specifically for the City of Palm Desert. This plan includes:
Activation Process: In the event of an emergency, City staff can reach our dedicated 24/7/365 dispatch phone number. Our experienced staff will gather essential information and deploy qualified technicians and necessary supplies to the emergency location. An on-call manager will coordinate the deployment of workers and equipment.
Primary Responding Office: Our Indio office, conveniently located at 81785 Trader Pl STE A, Indio, CA 92201, will serve as the primary responding office for the City of Palm Desert. This strategically positioned facility allows for a quick response to emergency situations.
Account Manager and Communication: A dedicated Account Manager, Cindy Helmstead, will be promptly notified of any emergency situations. Cindy will serve as the primary point of contact, ensuring effective communication and coordination between SERVPRO Team Brogdon and the City. Her role is to provide personalized attention to the City's emergency needs, ensuring a seamless and efficient response.
Response Time: Our on-site response time to the City of Palm Desert is typically 1 to 2 hours or less.
We understand the importance of a swift response in emergency situations. In the unlikely event of unforeseen circumstances beyond our control, we will promptly communicate with the on-site contact and Cindy Helmstead to provide estimated arrival times.
Emergency Supplies and Security: Our emergency crews arrive fully equipped with necessary supplies to address emergency situations. This includes board-ups, shrink wrap for exposed parts, perimeter fencing, locks, lock-in/out protocols, and 24/7 pre-qualified outside security measures. We prioritize the immediate protection of properties to minimize further damage and ensure the safety of the affected areas.
In conclusion, SERVPRO Team Brogdon's proposed methodology encompasses a comprehensive range of services to meet the City of Palm Desert's facility maintenance needs. Our team of skilled technicians excels in various trades, allowing us to efficiently address a wide range of tasks. We are committed to delivering high-quality workmanship, effective communication, and prompt response times. With our expertise and dedication to excellence, we are confident that our services will enhance the functionality and longevity of the City's facilities. Additionally, our comprehensive Emergency Response Plan ensures the City's preparedness and rapid resolution in the event of unforeseen emergencies, allowing for efficient and effective emergency response and mitigation.
Curtis Brogdon
Operations Manager
SERVPRO Team Brogdon
PROFESSIONAL EXPERIENCE
Curtis Brogdon is an accomplished Operations Manager with an extensive background in the restoration and construction industry. With 14 years of experience at SERVPRO Team Brogdon, Curtis has consistently proven himself as a valuable member of the team, demonstrating exceptional skills in project management, customer service, and team leadership. Throughout his career at SERVPRO Team Brogdon, Curtis has held various positions, including Technician, Crew Chief, and Production Manager.
Curtis's project management expertise spans a wide range of jobs, ranging from smaller-scale projects valued at $500 to multimillion-dollar endeavors exceeding $2M. It is through these experiences that Curtis has found a deep passion for tackling large-scale projects, as they provide him with invaluable opportunities to grow and expand his skill set. In 2022, Curtis spearheaded the cleanup and restoration of a substantial warehouse fire in Ontario, CA, which stands as the largest project he has ever managed. .
In addition to his hands-on experience, Curtis is highly certified in various areas, including Water Damage Restoration Technician, Applied Microbial Remediation, Commercial Drying, Applied Structural Drying, and Asbestos Supervisor. These certifications exemplify his commitment to staying at the forefront of industry knowledge and his dedication to delivering the highest quality of workmanship. Curtis's unwavering dedication to his craft, combined with his meticulous attention to detail and strong managerial skills, has earned him a reputation as a reliable and skilled Operations Manager.
When faced with large-scale, area-wide disaster projects, Curtis's expertise extends beyond the boundaries of his own team. He has traveled extensively throughout the United States, collaborating with other SERVPRO franchises to provide assistance during critical times such as Hurricane Irene in 2009 and the Texas Winter Freeze in 2021. These experiences have solidified his adaptability, resourcefulness, and ability to thrive under challenging circumstances.
With a track record of successfully managing projects of varying scales, a deep commitment to continuous learning, and a steadfast dedication to excellence, Curtis Brogdon is an ideal candidate to lead and oversee any restoration or construction project. His exceptional skills, extensive experience, and proven ability to deliver outstanding results make him a valuable asset to any project.
EDUCATION, TRAINING & CERTIFICATIONS
IICRC Water Damage Restoration Technician
IICRC Advanced Structural Drying Technician
IICRC Applied Microbial Remediation Technician
IICRC Commercial Drying Specialist
Asbestos Supervisor Certification
Kristy Dayton
Reconstruction Manager
SERVPRO Team Brogdon
PROFESSIONAL EXPERIENCE
Kristy Dayton is an accomplished Reconstruction Manager for SERVPRO Team Brogdon, equipped with a wealth of 15 years' experience within the SERVPRO Network. Throughout her career, Kristy has excelled in diverse roles such as Estimator, Project Manager, and General Manager. Her extensive expertise and unwavering dedication make her an invaluable asset to our team. Kristy's exceptional leadership and comprehensive understanding of the industry ensure the successful execution of projects under her guidance. With her proven track record of delivering exceptional results, she consistently surpasses client expectations and upholds SERVPRO Team Brogdon's commitment to excellence.
In addition to her experience, Kristy has also completed numerous training and certification programs such as Xactimate and Biohazard Management. With a strong foundation in customer service, estimating, project management, finances, and data entry, Kristy possesses a versatile skill set that makes her an invaluable addition to the SERVPRO Team Brogdon.
Kristy has helped SERVPRO franchises all over the country during large-scale, area- wide disaster projects such as Hurricane Charley (2004), Hurricane Ivan (2004), Hurricane Sandy (2012), the 2018 Malibu fires, the 2021 Texas freeze, Hurricane Ida (2021),the 2023 Oregon polar freeze, and the 2023 Northeast Polar freeze
EDUCATION, TRAINING & CERTIFICATIONS
Xactimate
Biohazard Management
David Garcia
Project Manager
SERVPRO Team Brogdon
PROFESSIONAL EXPERIENCE
David Garcia is an experienced Project Manager with an impressive 30-year career in the restoration and construction industries. Throughout his extensive career within the SERVPRO Network, David has held various roles including Production Assistant, Crew Chief, Estimator, Production Manager, and Operations Manager.
David's expertise is underscored by his notable certifications from the Institute of Inspection, Cleaning and Restoration Certification (IICRC). Holding certifications as a Water Remediation Technician, Applied Structural Drying, Carpet Cleaning Technician, Stone & Tile Cleaning Technician, and Applied Microbial Remediation Technician, David brings valuable skills and knowledge to SERVPRO Team Brogdon.
Moreover, his past experience as an Asbestos Building Inspector and RRP Lead further enhances his qualifications.
Beyond his professional pursuits, David dedicates his free time to making a positive impact in his community. He actively volunteers with the Narrow Door food pantry and actively fundraises to donate toys to the Coachella Valley Christmas Store, showcasing his commitment to serving others.
David's contributions extend beyond local engagements, as he has been instrumental in assisting SERVPRO franchises across the country during large-scale, area-wide disaster projects. His proficiency as an Estimator and Project Manager has been demonstrated in his involvement with critical situations, such as the fires in Pioneer Town (2006), the fires in San Diego (2008), the floods in La Quinta (2013), the floods in Texas (2021), and the storms in Northern California (2023). David's unwavering dedication and proven track record make him an invaluable asset to SERVPRO Team Brogdon.
EDUCATION, TRAINING & CERTIFICATIONS
IICRC Water Remediation Technician
IICRC Applied Structural Drying Technician
IICRC Carpet Cleaning Technician
IICRC Stone, Masonry, and Ceramic Tile Cleaning
IICRC Applied Microbial Remediation Technician
Previously Asbestos Building Inspector Certified Previously RRP Lead Certified
Aubrey Garcia
Project Manager
SERVPRO Team Brogdon
PROFESSIONAL EXPERIENCE
Aubrey Garcia is an exceptional Project Manager at SERVPRO Team Brogdon, with an impressive 25- year career focused on restorations and construction. Having held various positions within her career, Aubrey possesses a deep understanding of the construction industry and has honed her project management skills. Her versatility and adaptability make her an invaluable asset to any team. Throughout her journey, she has acquired a diverse skill set, demonstrating proficiency in administrative tasks, overseeing operations, and providing effective leadership. Aubrey's ability to excel in different roles showcases her versatility and adaptability within the construction industry.
Aubrey’s extensive construction experience is marked by her successful management of notable projects.
Whether working alongside construction crews in the field, coordinating with adjusters on-site, or leading impactful marketing events, she consistently demonstrates her expertise and effectiveness. Aubrey's exceptional communication, organizational skills, and leadership abilities foster strong collaborations with clients, stakeholders, and construction teams, ensuring seamless project execution.
Beyond her professional accomplishments, Aubrey actively engages in community involvement through her participation in organizations such as CAI (Community Associations Institute) and the Rancho Mirage Chamber of Commerce. Her commitment to community service initiatives further highlights her desire to make a positive impact beyond her professional responsibilities. Aubrey’s construction expertise has been tested during area-wide catastrophes, including the flash flooding events that impacted the Coachella Valley in 2014 and 2015. Her adept management of construction projects and skillful damage mitigation in challenging situations underscore her ability to deliver effective solutions and lead successful restoration efforts.
Aubrey Garcia's extensive construction experience, versatile skill set, and unwavering commitment to excellence make her an invaluable choice for any construction project. Her profound understanding of the industry, coupled with exceptional communication, organizational skills, and leadership abilities, guarantee the successful completion of projects with utmost professionalism and quality.
Cindy Helmstead
Director of Sales & Marketing
SERVPRO Team Brogdon
PROFESSIONAL EXPERIENCE
Cindy Helmstead is a seasoned professional in the restoration and construction industries, with over 30 years of experience under her belt. As the Director of Sales & Marketing for SERVPRO Team Brogdon, she plays a critical role in driving business growth and ensuring customer satisfaction.
Cindy's career in the restoration industry began with her work on the sales team of other restoration companies, where she gained extensive training and expertise in all areas of the industry. Her experience includes working on complex restoration projects, managing teams, and providing top-notch customer service.
Over the years, Cindy has attended numerous educational seminars and training in marketing, as well as content restoration. Her dedication to continuous learning and staying up to date with the latest trends in the industry has helped her excel in her role and deliver exceptional results.
In addition to her work in the construction and restoration industry, Cindy has also studied and received her principal real estate broker's license as well as a notary public license. Her background in real estate and legal documentation has proven to be a valuable asset in her work, providing her with a comprehensive understanding of the legal and regulatory landscape that surrounds the restoration industry.
Cindy's passion for helping others, combined with her extensive knowledge and experience in the restoration and construction industries, make her a valuable asset to any team. She is dedicated to providing top-notch customer service and ensuring that every project she works on is completed to the highest standards of quality and professionalism.
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CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 24th day of August, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and R&R Inc DBA Servpro of Chino/Chino Hills, a Corporation, with its principal place of business at 13885 Redwood Ave, Chino, CA 91710 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Facilities Repairs and Improvements Project 2 (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 24, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this
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Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Shawn Muir, Community Services Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Rick Brogdon, President/Owner, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for
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herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap,
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ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement.
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(C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess policies.
(D) Workers’ Compensation Insurance. Contractor shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Reserved.
(F) Reserved.
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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(I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with
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Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance
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of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Three Million Dollars ($3,000,000.00) annually without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor.
City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment.
Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
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3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
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3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
R&R B Inc DBA Servpro of Chino/Chino Hills
13885 Redwood Ave
Chino, CA 91710
Attn: Rick Brogdon, President/Owner
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Shawn Muir, Community Services Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses,
Contract No. C44620D
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liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the
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prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
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3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.18 Reserved.
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Contract No. C44620D
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND R&R B INC DBA SERVPRO OF CHINO/CHINO HILLS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
Attest:
By:
Anthony J. Mejia
City Clerk
Approved as to form:
By:
Best Best & Krieger LLP
City Attorney
R&R B INC DBA SERVPRO OF
CHINO/CHINO HILLS, A CORPORATION
By:
Its:
Printed Name:
By:
Its:
Printed Name:
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Bonds: _____
Contract No. C44620D
Exhibit A
EXHIBIT “A”
PALM DESERT FACILITIES IMPROVEMENT PROJECT
SCOPE OF SERVICES
1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Facilities Improvement project in accordance with the Specifications.
This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below.
2. LOCATION OF WORK
• City Hall Building, 73-510 Fred Waring Drive
• Community Center (Henderson), 72559 Highway 111
• Corporation Yard, 74705 42nd Avenue
• Portola Community Center, 45480 Portola Avenue
• Palm Desert Sheriff Substation, 73520 Fred Waring Drive • Parkview Office Complex, 73710 Fred Waring Drive
• State Building, 73-720 Fred Waring Drive
• iHUB, 37023 Cook Street, Suite 102
• Fire stations
o Fire Station No. 33, 44400 Towne Center Way
o Fire Station No. 67, 73200 Mesa View Drive
o Fire Station No. 71, 73995 Country Club Drive
• Aquatic Center, 73751 Magnesia Falls Drive
• Parks buildings
o Cahuilla Hills Park, 45825 Edgehill Drive
o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd
o Civic Center Park, 43900 San Pablo Ave
o Freedom Park, 77400 Country Club Dr
o Hovley Soccer Park, 74735 Hovley Lane
o Ironwood Park, 47800 Chia Drive
o Joe Mann Park, 77810 California Drive
o Magnesia Falls City Park, 74200 Rutledge Way
o Palma Village Park, 44550 San Carlos Ave
o University Park East, 74902 University Park Drive
o University Dog Park, 74802 University Park Drive
o Washington Charter School Park, 45768 Portola Avenue
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique maintenance needs that will be met through this contract. All facility maintenance and improvement projects will be conducted in a manner that provides for the adequate and
Contract No. C44620D
Exhibit A
safe use of the facility and continues the City’s prominence as a world-class municipality for the enjoyment of the community.
3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Facilities maintenance requests will be based on contractor assessments in coordination with City staff.
3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per quarter on a rotating basis, or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include:
• Site locations visited and address
• Contractor representative and contact information
• Date and time of visit
• Prioritized list of areas recommended for maintenance projects • Descriptions of maintenance projects
• Estimated cost to complete each maintenance project
• Photos
3.2 The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to:
• Framing
• Drywall
• Painting
• Concrete
• Carpentry
• Audio/Visual & Security
• Welding
• Flooring
• Fixtures
• Plumbing
3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1) meeting annually for the duration of the contract with City staff to review short-term and long-term maintenance need projections and life expectancies of facility furnishings. This will allow the City to accurately budget and plan for anticipated maintenance needs, facility repairs and upgrades.
3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment.
3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance.
Contract No. C44620D
Exhibit A
Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work.
3.6 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walkthrough inspection of the contract area.
3.7 All new equipment installations provided by the Contractor will include a one-year warranty or better.
3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance.
3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better.
3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc.
3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract.
4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated.
4.1 No work will be initiated without an approved City of Palm Desert Work Order.
4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope and cost of the project.
4.3 The Contractor will provide an estimated timeline for project milestones and
Contract No. C44620D
Exhibit A
completion.
5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed:
5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities.
5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole.
5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted.
5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City may negotiate costs, if needed, prior to approval of the Agreement.
Contract No. C44620D
Exhibit B
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from August 24, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
Contract No. C44620D
Exhibit C
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index.
The total compensation shall not exceed Three Million Dollars ($3,000,000.00) annually without written approval of the City Council or City Manager, as applicable. Pricing schedule is as follows:
Line Item Description Quantity Unit of
Measure
Amount
1 Construction Foreman 1 Hourly Rate $125.00
2 Construction Supervisor 1 Hourly Rate $125.00
3 Framer 1 Hourly Rate $125.00
4 Drywall Installer 1 Hourly Rate $125.00
5 Plumber 1 Hourly Rate $125.00
6 Concrete Worker 1 Hourly Rate $125.00
7 Carpenter 1 Hourly Rate $125.00
8 Painter 1 Hourly Rate $115.00
9 Welder 1 Hourly Rate $125.00
10 Flooring Installer 1 Hourly Rate $125.00
11 Laborer 1 Hourly Rate $111.00
Total $1,351.00
ANNUALLY RENEWABLE PERFORMANCE BOND Contract No. C44620D Exhibit D
EXHIBIT “D” BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to R&R B Inc DBA Servpro of Chino/Chino Hills, (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 24, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, R&R B Inc DBA Servpro of Chino/Chino Hills the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of THREE MILLION DOLLARS, ($3,000,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
ANNUALLY RENEWABLE PERFORMANCE BOND Contract No. C44620D Exhibit D
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
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ANNUALLY RENEWABLE PERFORMANCE BOND Contract No. C44620D Exhibit D
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
ANNUALLY RENEWABLE PERFORMANCE BOND Contract No. C44620D Exhibit D
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
ANNUALLY RENEWABLE PERFORMANCE BOND Contract No. C44620D Exhibit D
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
ANNUALLY RENEWABLE PAYMENT BOND Contract No. C44620D
Exhibit D
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed August 24, 2023, has awarded to R&R B Inc DBA Servpro of Chino/Chino Hills hereinafter designated as the “Principal,” a contract for the work described as follows:
Facilities Repairs and Improvements Project (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 24, 2023, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of THREE MILLION DOLLARS ($3,000,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement
ANNUALLY RENEWABLE PAYMENT BOND Contract No. C44620D
Exhibit D
pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
ANNUALLY RENEWABLE PAYMENT BOND Contract No. C44620D
Exhibit D
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
ANNUALLY RENEWABLE PAYMENT BOND Contract No. C44620D
Exhibit D
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
ANNUALLY RENEWABLE PAYMENT BOND Contract No. C44620D
Exhibit D
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-ofAttorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
City of Palm Desert
PW - Operations & Maintenance
Randy Chavez, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
RESPONSE DEADLINE: July 19, 2023 at 2:00 pm
Report Generated: Saturday, July 29, 2023
DOUG WALL CONSTRUCTION Proposal
CONTACT INFORMATION
Company:
DOUG WALL CONSTRUCTION
Email:
[email protected]
Contact:
TIM MCBRIDE
Address:
78450 AVE 41
BERMUDA DUNES, CA 92203
Phone:
N/A
Website:
www.dwallconst.com
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
Submission Date:
Jun 26, 2023 10:21 AM
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 5, 2023 7:59 AM by TIM MCBRIDE
QUESTIONNAIRE
1. Proposal (WITHOUT COST)*
Pass
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include:
A. Cover Letter
1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation.
B. Experience and Technical Competence
1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP.
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person.
C. Firm Staffing and Key Personnel
1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed.
2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual.
3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel.
4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function.
D. Proposed Method to Accomplish the Work
1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.
DW_QUALIFICATIONS.pdfDW_REFERENCES.pdfDW_INFO_SHEET.pdf
2. Non-Collusion Declaration*
Pass
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number* Pass
Please enter your License Number here. This will be verified against the state database 743112
Click to Verify Value will be copied to clipboard
4. Type of Business*
Pass
C Corporation (if corporation, two signatures are required)
5. Litigation*
Pass
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A").
None At This Time
6. Changes to Agreement*
Pass
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect theCity's decision to enter into an Agreement.
N/A
7. No Deviations from the RFP*
Pass
In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A").
N/A
8. Project Team Resumes*
Pass
Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualifications, education, and professional licensing.
DW_QUALIFICATIONS.pdfDW_INFO_SHEET.pdf
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
9. List the Signatory(s) Authorized to Sign and Bind an Agreement.* Fail
(If two (2) signatures are required, include the following information for both signatories) A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Doug Wall
Owner
78450 Ave 41, Bermuda Dunes CA 92203
7607728446
[email protected]
10. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Pass
Confirmed
PRICE TABLES
PROPOSAL DOCUMENT REPORT
RFP No. 2023-RFP-201
Facilities Repairs and Improvements Project 2
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project 2
Line Item Description Quantity Unit of Measure Unit Cost Total 1 Construction Foreman 1 Hourly Rate $0.00 $0.00
2 Construction Supervisor 1 Hourly Rate $0.00 $0.00
3 Framer 1 Hourly Rate $0.00 $0.00
4 Drywall Installer 1 Hourly Rate $0.00 $0.00
5 Plumber 1 Hourly Rate $0.00 $0.00
6 Concrete Worker 1 Hourly Rate $0.00 $0.00
7 Carpenter 1 Hourly Rate $0.00 $0.00
8 Painter 1 Hourly Rate $0.00 $0.00
9 Welder 1 Hourly Rate $0.00 $0.00
10 Flooring Installer 1 Hourly Rate $0.00 $0.00
11 Laborer 1 Hourly Rate $0.00 $0.00
TOTAL $0.00
78450 AVENUE 41 . BERMUDA DUNES, CA 92203 . OFFICE (760) 772-8446 . FAX (760) 772-9407
TECHNICAL PROPOSAL
QUALIFICATIONS:
Doug Wall Construction is a full service, end to end general contractor.
DWC is a midsize firm with 55 highly diversified employees, was incorporated in 1993 and is headquartered in Bermuda Dunes, CA.
DWC is consistently a first choice by Coachella Valley’s top developers and has completed over 350 million dollars’ worth of projects since 2010.
DWC works and specializes in public works projects, commercial building renovation, education centers and school campuses as well as private sector health care facilities, having recently completed the 40-million-dollar Rinker Orthopedic Building for Eisenhower Medical Center in 2021.
Doug Wall, President and CEO of DWC will be involved in every aspect of project oversight, with primary focuses on contract structure, initial budget approval and interface between architect and various city agencies.
Tim McBride, Project Superintendent will facilitate the mobilization on sight, collaborate with city agencies as needed, maintain adherence to the baseline construction schedule and budget. Additionally, direct and supervise all onsite subcontractor activities, and communicate as necessary with onsite property management.
78450 AVENUE 41 . BERMUDA DUNES, CA 92203 . OFFICE (760) 772-8446 . FAX (760) 772-9407 REFERENCES:
PROJECT EISENHOWER MEDICAL CENTER
SCOPE 50,000 SQ FT RINKER ORTHOPEDIC BLDG.
VALUE $38,000,000
CONTACT LIZ SINO / 760.578.2356
PROJECT SUNLINE TRANSIT AGENCY
SCOPE 37,000 SQ FT ADMINISTRATION BLDG.
VALUE $12,600,000
CONTACT TOMMY EDWARDS / 760.343.3456
PROJECT WESSMAN DEVELOPMENT, BLOCK A
SCOPE THREE STORY EXPOSED STEEL and GLASS
VALUE $8,300,000
CONTACT OCTAVIO FERNANDEZ / 760.408.7036
PROJECT COMMUNITY HEALTH and WELLNESS CENTER
SCOPE COMMUNITY CENTER W / 25 METER POOL
VALUE $13,200,000
CONTACT RUDY ACOSTA / 760.329.6411
78450 AVENUE 41 . BERMUDA DUNES, CA 92203 . OFFICE (760) 772-8446 . FAX (760) 772-9407 PROPOSAL RE:
PROJECT 813-21
TAOS PALMS TRELLIS and ENTRANCE STRUCTURE REHABILITATION PREPARED BY:
DOUG WALL CONSTRUCTION, INC.
78450 AVE 41
BERMUDA DUNES, CA. 92203
OFFICE 760.772.8446
FAX 760.772.9407
STATE CONTRACTORS LICENSE 743112
CLASS A, B, C9, C10, C27
EXPIRES 30 NOV 2023
GEN. LIABILITY INS. GREAT AMERICAN ASSURANCE
POLICY GLP4051229
EXPIRES 01 JAN 2024
WORKERS COMP. INSURANCE COMPANY of the WEST
POLICY WSD 5035420 05
EXPIRES 01 JAN 2024
AUTO INURANCE CALIFORNIA AUTO INS. CO.
POLICY BA 040000059519
EXPIRES 09 JUNE 2024
FEDERAL ID 33-0777123
EDD ACCT. ID 401-4078-2
DIR REGISTRATION 1000000241
EXPIRES 30 JUNE 2024
78450 AVENUE 41 . BERMUDA DUNES, CA 92203 . OFFICE (760) 772-8446 . FAX (760) 772-9407
TECHNICAL PROPOSAL
QUALIFICATIONS:
Doug Wall Construction is a full service, end to end general contractor.
DWC is a midsize firm with 55 highly diversified employees, was incorporated in 1993 and is headquartered in Bermuda Dunes, CA.
DWC is consistently a first choice by Coachella Valley’s top developers and has completed over 350 million dollars’ worth of projects since 2010.
DWC works and specializes in public works projects, commercial building renovation, education centers and school campuses as well as private sector health care facilities, having recently completed the 40-million-dollar Rinker Orthopedic Building for Eisenhower Medical Center in 2021.
Doug Wall, President and CEO of DWC will be involved in every aspect of project oversight, with primary focuses on contract structure, initial budget approval and interface between architect and various city agencies.
Tim McBride, Project Superintendent will facilitate the mobilization on sight, collaborate with city agencies as needed, maintain adherence to the baseline construction schedule and budget. Additionally, direct and supervise all onsite subcontractor activities, and communicate as necessary with onsite property management.
78450 AVENUE 41 . BERMUDA DUNES, CA 92203 . OFFICE (760) 772-8446 . FAX (760) 772-9407 PROPOSAL RE:
PROJECT 813-21
TAOS PALMS TRELLIS and ENTRANCE STRUCTURE REHABILITATION PREPARED BY:
DOUG WALL CONSTRUCTION, INC.
78450 AVE 41
BERMUDA DUNES, CA. 92203
OFFICE 760.772.8446
FAX 760.772.9407
STATE CONTRACTORS LICENSE 743112
CLASS A, B, C9, C10, C27
EXPIRES 30 NOV 2023
GEN. LIABILITY INS. GREAT AMERICAN ASSURANCE
POLICY GLP4051229
EXPIRES 01 JAN 2024
WORKERS COMP. INSURANCE COMPANY of the WEST
POLICY WSD 5035420 05
EXPIRES 01 JAN 2024
AUTO INURANCE CALIFORNIA AUTO INS. CO.
POLICY BA 040000059519
EXPIRES 09 JUNE 2024
FEDERAL ID 33-0777123
EDD ACCT. ID 401-4078-2
DIR REGISTRATION 1000000241
EXPIRES 30 JUNE 2024
Contract No. C44620E
- 1 -
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 24th day of August, 2023, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260- 2578, County of Riverside, State of California (“City”) and Doug Wall Construction, Inc, a Corporation with its principal place of business at 78450 Avenue 41, Bermuda Dunes, CA 92203 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Facilities Repairs and Improvements Project 2 (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 24, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional oneyear terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contract No. C44620E
- 2 -
Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions.
Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Shawn Muir, Community Services Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Doug Wall, President or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein.
Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services
Contract No. C44620E
- 3 -
in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with.
3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement.
3.2.10.2 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements.
3.2.11 Insurance.
3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City. (A) General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(B) Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
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(a) A drop down feature requiring the policy to
respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(b) Pay on behalf of wording as opposed to
reimbursement;
(c) Concurrency of effective dates with primary
policies; and
(d) Policies shall “follow form” to the underlying
primary policies.
(e) Insureds under primary policies shall also be
insureds under the umbrella or excess
policies.
(D) Workers’ Compensation Insurance. Contractor shall
maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives. (E) Reserved.
(F) Reserved.
(G) Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
3.2.11.2 Other Provisions and Requirements.
(A) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(B) Duration of Coverage. Contractor shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by
Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance
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shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or selfinsurance shall be called upon to protect it as a named insured. (D) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
(E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers, and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel).
Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(H) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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(K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
(L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
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3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface
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improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the
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replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The maximum compensation for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall not exceed Three Million Dollars ($3,000,000.00) annually without written approval of the City Council or City Manager, as applicable.
3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its
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elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Doug Wall Construction, Inc
78450 Avenue 42
Bermuda Dunes, CA 92203
Attn: Doug Wall, President
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Shawn Muir, Community Services Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding.
Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement
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shall include payment for City’s attorney’s fees and costs, including expert witness fees.
Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,
Contract No. C44620E
- 14 -
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.18 Reserved.
[SIGNATURES ON NEXT PAGE]
Contract No. __________________
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT
AND DOUG WALL CONSTRUCTION, INC
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
CITY OF PALM DESERT
By:
L. Todd Hileman
City Manager
ATTEST:
By:
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
DOUG WALL CONSTRUCTION, INC
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
QC
Insurance:
__________ __________ Initial Review Final Approval
Contract No. C44620E
Exhibit A
EXHIBIT “A”
PALM DESERT FACILITIES IMPROVEMENT PROJECT
SCOPE OF SERVICES
1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment, necessary tools and machinery, supervision, all utility and transportation services, and incidentals required for the Facilities Improvement project in accordance with the Specifications.
This contract provides for the regular evaluation and maintenance project services for the City owned or operated facilities listed below.
2. LOCATION OF WORK
• City Hall Building, 73-510 Fred Waring Drive
• Community Center (Henderson), 72559 Highway 111
• Corporation Yard, 74705 42nd Avenue
• Portola Community Center, 45480 Portola Avenue
• Palm Desert Sheriff Substation, 73520 Fred Waring Drive • Parkview Office Complex, 73710 Fred Waring Drive
• State Building, 73-720 Fred Waring Drive
• iHUB, 37023 Cook Street, Suite 102
• Fire stations
o Fire Station No. 33, 44400 Towne Center Way
o Fire Station No. 67, 73200 Mesa View Drive
o Fire Station No. 71, 73995 Country Club Drive
• Aquatic Center, 73751 Magnesia Falls Drive
• Parks buildings
o Cahuilla Hills Park, 45825 Edgehill Drive
o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd
o Civic Center Park, 43900 San Pablo Ave
o Freedom Park, 77400 Country Club Dr
o Hovley Soccer Park, 74735 Hovley Lane
o Ironwood Park, 47800 Chia Drive
o Joe Mann Park, 77810 California Drive
o Magnesia Falls City Park, 74200 Rutledge Way
o Palma Village Park, 44550 San Carlos Ave
o University Park East, 74902 University Park Drive
o University Dog Park, 74802 University Park Drive
o Washington Charter School Park, 45768 Portola Avenue
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal, installation, coordination, permits, supervision, utility and transportation services, and incidentals (including tax) as necessary. Each of these facilities has unique maintenance needs that will be met through this contract. All facility maintenance and improvement projects will be conducted in a manner that provides for the adequate and
Contract No. C44620E
Exhibit A
safe use of the facility and continues the City’s prominence as a world-class municipality for the enjoyment of the community.
3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance projects on an as-requested basis for the City. Facilities maintenance requests will be based on contractor assessments in coordination with City staff.
3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per quarter on a rotating basis or based on priority designated by City staff. The purpose of the site visits is to perform inspections and assessments, provide recommendations, and develop long-term plans for facility upkeep. A written report will be developed by the Contractor after each site visit and submitted to City staff within two weeks of the site visit. Minimum requirements for the report include:
• Site locations visited and address
• Contractor representative and contact information
• Date and time of visit
• Prioritized list of areas recommended for maintenance projects • Descriptions of maintenance projects
• Estimated cost to complete each maintenance project
• Photos
3.2 The contractor will provide technicians capable of working on a variety of facility elements, including but not limited to:
• Framing
• Drywall
• Painting
• Concrete
• Carpentry
• Audio/Visual & Security
• Welding
• Flooring
• Fixtures
• Plumbing
3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1) meeting annually for the duration of the contract with City staff to review short-term and long-term maintenance need projections and life expectancies of facility furnishings. This will allow the City to accurately budget and plan for anticipated maintenance needs, facility repairs and upgrades.
3.4 Contractor shall provide appropriate equipment and labor for the execution of all maintenance and repair activities. City of Palm Desert reserves the right to inspect and/or approve any equipment used in this contract. If City of Palm Desert deems the equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert may require that the equipment be removed from the job site and replaced with a different piece of equipment.
Contract No. C44620E
Exhibit A
3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance.
Contractor shall provide personnel capable of effective verbal and written communication with City of Palm Desert representatives. If City of Palm Desert deems personnel to be inadequate to accomplish the task at hand, City of Palm Desert may require that the personnel be removed from the job site and replaced with personnel demonstrating the appropriate level of job knowledge, skills, and verbal communication to effectively accomplish the work.
3.6 Prior to commencement of the contract, designated City of Palm Desert representative(s) and the Contractor will perform a mandatory acceptance walkthrough inspection of the contract area.
3.7 All new equipment installations provided by the Contractor will include a one-year warranty or better.
3.8 Contractor shall remove debris caused by all maintenance activities on the same working day that such debris is accumulated, unless otherwise agreed upon by the Contractor and City staff in advance.
3.9 Contractor is required to protect from damage as necessary, existing equipment that is not part of the maintenance services. Contractor will be responsible to replace or repair any equipment damaged by contractor, not related to the service, at Contractor’s expense and include a one-year warranty or better.
3.10 Contractor is responsible for cordoning off public areas during their course of work as to protect the public from harm. Contractor is to supply all safety equipment as needed to perform the scope of work, including but not limited to: signage, cones, partitions, plywood covers, etc.
3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all proposers must possess proper licenses for performance of the Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that proposer and each of the proposer’s subcontractors before awarding the Contract.
4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed through the quarterly facility inspections. City of Palm Desert staff will inform the contractor when a maintenance project may be initiated.
4.1 No work will be initiated without an approved City of Palm Desert Work Order.
4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope
Contract No. C44620E
Exhibit A
and cost of the project.
4.3 The Contractor will provide an estimated timeline for project milestones and completion.
5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed periodically to satisfactorily maintain the City facilities. On such occasions, the following criteria will be followed:
5.1 All work shall be approved in writing on a City-issued extra work form by the Director of Public Works, or his designee, prior to ordering or commencing activities.
5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform work shall constitute the City’s denial of payment for said work and parts. Upon Contractor’s submission of requests for work and/or parts the City reserves the right to reject quotations on each item, separately or as a whole.
5.3 State and local taxes as applicable, shipping/handling/freight on board charges, applied discounts, and labor estimates shall be shown separately. All materials will be paid at cost plus an allowable 15% markup. Labor will be paid based on the approved Price Sheet. Receipts are required to be submitted with approved invoice(s). Estimated dates for delivery and installation shall be noted.
5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list of services provided and costs not listed in the Scope of Services or Price Sheets. The City may negotiate costs, if needed, prior to approval of the Agreement.
Contract No. C44620E
Exhibit B
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from August 24, 2023, to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
Contract No. C44620E
Exhibit B-1
EXHIBIT “C”
COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor may review the CPI on an annual basis and recommend adjustments to the City Manager or City Council for approval. Any increase shall not exceed the Consumer Price Index.
The total compensation shall not exceed Three Million Dollars ($3,000,000.00) annually without written approval of the City Council or City Manager, as applicable.
Pricing schedule is as follows:
Line Item Description Quantity Unit of
Measure
Amount
1 Construction Foreman 1 Hourly Rate $155.00
2 Construction Supervisor 1 Hourly Rate $130.00
3 Framer-Wood 1 Hourly Rate $94.57
4 Drywall Installer 1 Hourly Rate $94.90
5 Plumber 1 Hourly Rate $102.84
6 Concrete Worker 1 Hourly Rate $91.35
7 Carpenter 1 Hourly Rate $94.57
8 Painter 1 Hourly Rate $78.72
9 Welder 1 Hourly Rate $102.86
10 Flooring Installer 1 Hourly Rate $78.26
11 Laborer 1 Hourly Rate $88.39
Total $1,111.46
Contract No. C44620E
Exhibit B-2
EXHIBIT “D” BONDS
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Doug Wall Construction, Inc, (hereinafter referred to as the “Contractor”) an agreement for Facilities Repairs and Improvements Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated August 24, 2023, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Doug Wall Construction, Inc, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of THREE MILLION DOLLARS, ($3,000,000.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
Contract No. C44620E
Exhibit B-3
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Contract No. C44620E
Exhibit B-4
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Contract No. C44620E
Exhibit B-5
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C44620E
Exhibit B-6
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C44620E
Exhibit B-7
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed August 24, 2023 has awarded to Doug Wall Construction, Inc hereinafter designated as the “Principal,” a contract for the work described as follows:
Facilities Repairs and Improvements Project (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated August 24, 2023, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of THREE MILLION DOLLARS ($3,000,000.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining
Contract No. C44620E
Exhibit B-8
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
Contract No. C44620E
Exhibit B-9
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Contract No. C44620E
Exhibit B-10
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Contract No. C44620E
Exhibit B-11
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: August 24, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of August 24, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:
ITEM 13d: ACCEPT RESIGNATIONS FROM THE CIVIC ENGAGEMENT COMMITTEE, CULTURAL
ARTS COMMITTEE, AND PARKS AND RECREATION COMMITTEE
Q1: Where are the full bylaws posted on the City’s website? A1: The City Council recently adopted an ordinance to incorporate all bylaws into the Palm Desert Municipal Code (PDMC) for consolidation and easy reference. Please see Title 2, Administration and Personnel, to access the bylaws. In the coming days, City staff will also update the Advisory Body landing webpage to include hyperlinks to the PDMC section of the applicable bylaws.
Q2: Wasn’t there a discussion of permitting non-residents that may hold subject matter experience?
A2: PDMC 2.34.030 states that the City Council may appoint a nonresident in cases where the City Council deems it appropriate to appoint a nonresident who offers specific expertise. In these circumstances, the City Council was unaware that the candidates where nonresidents and therefore did not make a finding or determination that it was necessary to appoint a nonresident for special expertise.
Q3: What measures have been implemented to ensure applicants live within city boundaries as necessary?
A3: City staff has reviewed and verified all appointed body members and applicants are registered voters of the City or their residences are located within City limits. Going forward, City staff will verify the voter registration and/or residential address is within City limits prior to interviews and will ensure that the interview documents indicate whether a candidate is a nonresident.
08/24/2023 Question & Answer Memo
ITEM 13e: HOUSING AUTHORITY: RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A HOUSING AND LOAN AGREEMENT WITH A0358 MONTEREY, L.P., APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FOR CONSTRUCTION OF 176 AFFORDABLE
HOUSING UNITS AND RELATED ACTIONS
ITEM 13g: APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND A0358 MONTEREY, LP, FOR THE CROSSINGS AT PALM DESERT APARTMENTS
PROJECT
Q1: Why is only one, 3-bedroom unit allotted under the 80% AMI and zero designated under the 59% AMI (page 164/298)?
A1: One of the City’s Housing Element’s program, Program 4C, is to implement programs or assist in housing affordable to extremely low-income households. It is difficult to locate adequate and affordable housing if there is a limited supply of larger units. Prices for larger units tend to be affordable only to moderate- and above-moderate income households. Based on the need of units for larger families for lower income households and to maintain the feasibility of the Project, the three-bedroom units were allocated primarily for extremely low households.
Q2: With a priority for Veterans identified, is there a cap on units held for Veterans (page 299)?
A2: Units are not set aside for veterans, therefore there is no cap. Typically, priority to Veterans is provided in the selection from the waitlist when a unit becomes available. The developer will establish a policy on the selection of Households or individuals from the waiting list, including any preference. In accordance with the implemented preferences, Veterans will have priority.
Q3: How frequently has the city had to exercise such inspections as provided in Section 5.2 Maintenance, Repair, Alterations (Page173/306)?
A3: These types of inspections are routinely conducted by the other funding sources and the City is provided any findings. Only when there are findings or concerns does the City exercise the option described in Section 5.2; the City has exercised this option minimal times.
ITEM 13f: APPROVE SECOND AMENDMENT TO THE EL PASEO PARKING & BUSINESS
IMPROVEMENT DISTRICT CONTRACT WITH FG CREATIVE
Q1: Which have the most successful campaigns? How is return on investment (ROI) measured?
A1: The EPPBID’s work is multifaceted, and over the years the board has found ways to make its small budget work hard to help achieve its goals. The ultimate goal is to bring people to the street to help support the many stores, galleries, and restaurants in the district. In terms of marketing, they’ve had great success with social media, raising brand awareness and inviting people to the street whenever there is any kind of activation. The partnership with Palm Springs Life has also been beneficial, using direct email, a dedicated website, and physical pieces such as the El Paseo Catalogue. In each case, ROI is measured by the number of people reached, and their engagement with the content provided through each medium.
08/24/2023 Question & Answer Memo
ITEM 13j: REQUEST FOR MAYOR PRO TEM QUINTANILLA TO PARTICIPATE IN THE 2024
LEADERSHIP COACHELLA VALLEY PROGRAM
Q1: What is the rationale for charging this to the general local meetings budget, which has $9,000 to cover everyone's local meetings for the year, rather than to the individual discretionary budget for contributions/meetings of $2,500 per councilmember? A1: This item was brought forward because it was City staff’s understanding that Mayor Pro Tem Quintanilla was seeking funding to attend Leadership Coachella Valley. The individual councilmember discretionary budget would be an appropriate source for payment of Leadership Coachella Valley and Mayor Pro Tem Quintanilla has the full budget of $2,500 available.
ITEM 13o: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND
FACILITIES REPAIRS AND IMPROVEMENT PROJECTS
Q1: What is the location of the evaporative cooler at Civic Center park? A1: The evaporative cooler in Civic Center Park is located at the baseball field snack bar.
Q2: Why is there only an evaporative cooler and not AC units at the Soccer Park and Freedom Park?
A2: Evaporative coolers are an effective and energy efficient way to cool the snack bars at the parks for most of the year, especially when outdoor sports are taking place.
ITEM 14a: APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR A THREEYEAR TERM FROM FY2024/2025 TO FY2026/2027 Q1: In keeping staffing levels flat, with the assistance of ALPR, does this allow for deputies to move to other specialized units? Does “reporting out ALPR data” include record requests out of state? Can we get these reports after the first quarter, and monthly thereafter?
A1: The ALPR system increases a deputy’s efficiency in responding to a crime. As a result, they can return to patrol duty sooner which increases their ability to proactively patrol the community. With the City’s ALPR program going live last October, the City has reported out to the Public Safety Committee and City Council on the number of cases ALPR has helped solve and effectiveness of the system with law enforcement activity. The Sheriff’s Department is in the process of creating a “Transparency Portal” which will include shared agencies and out-ofstate agency requests. Once the portal is live, the City will include its information into the regular updates to the Public Safety Committee and City Council.
Q2: What is the annual cost for the California Identification System and Records Management System (Page 584, Section 2.2)? How often does City staff utilize RMS or DOJ access under CLETS [Page 584, Section 2.2A, subsections (a) and (b)]? A2: The cost of the CAL-ID system is $50,889. This system is a statewide fingerprint ID system.
The cost of the Records Management System (RMS) is $117,577. This is a system that stores records. City staff does not utilize CAL-ID, RMS, DOJ law enforcement systems, nor the California Law Enforcement Telecommunications System (CLETS). These systems are utilized by Sheriff’s Department personnel on a regular basis in performance of their work duties.
Q4: Has the City ever had an appointed Police Chief (Page 585, Section 4)? A4: The City’s dedicated lieutenant serves as the City’s Police Chief with guidance from the Palm Desert Station Commander. The City, through the City Manager, has a say in who is
08/24/2023 Question & Answer Memo
appointed to be the City’s dedicated lieutenant. The Palm Desert Station Commander is selected by the Sheriff’s Department.
Q5: Administrative fees will not be charged to the City if those charges are provided free of charge to any City in the County. Does Palm Desert get charged the same fees as others for services charged to other cities (Page 587, Section 7)? A5: Government Code 51350 states the Sheriff’s Department cannot charge one city for a service that is available to all areas of the County. These fees are those types of charges described in Section 7 and not included in the contract rate. They include Special Investigations Bureau, SERT (Emergency Services Team), and Aviation. Otherwise, a contract city is charged the same rate as all other contract cities.
Q6: What is the average annual cost for miscellaneous costs? What is the annual budget allocation (Page 588, Section 7.6)?
A6: The annual budget amount is $70,000 and based on prior year actuals. These are costs for blood draws, blood analysis, sexual assault exams and other related items that law enforcement will request from the approved provider if needed for the investigation.
Q8: What is the timeline in which RSO agrees to return records as requested (Page 589, Section 10)?
A8: Depending upon the nature of the request, the Sheriff’s Department responds in a reasonable amount of time often same the day or week. Overall, the Sheriff’s Department is bound by the requirements of the California Public Records Act.
ITEM 14b: PALM DESERT REDISTRICTING 2023 - REVIEW OF THE SCHEDULE OF PUBLIC HEARINGS/WORKSHOPS AND PUBLIC EDUCATION AND OUTREACH PLAN –
OPTIONAL PROCESSES FOR ESTABLISHING DISTRICT BOUNDARIES Q1: Can the timeline be extended for additional days since residents were understandably focused on recovery from Hurricane Hillary?
A1: If requested by the City Council, City staff recommends adjusting the Community Workshop #1 to Tuesday, September 19, 2023, at 6:00 p.m. but maintaining the overall schedule to ensure that a final map and associated ordinances are adopted in advance of the April deadline.
ITEM 14d: REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING CHAPTER
5.04 REGARDING MODIFICATION, SUSPENSION, OR REVOCATION OF BUSINESS
LICENSES
Q1: How often does the City revoke licenses? Are they frequently appealed? A1: In the last 8 months, the City initiated two revocations; Sweet Spot and AZ Spa. Of those, City Council held the revocation hearing on Sweet Spot, but it was not appealed to the district court. AZ Spa canceled its license, and the revocation hearing did not occur.
In the 15 years prior, the City initiated seven license revocations and City staff is not aware that any were appealed.
ITEM 15c: ORDINANCE TO CHANGE THE ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED APPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED WARING DR. FROM RESORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING
Q1: Is the 7th Whereas clause in the Planning Commission resolution missing the word "not," as in "will not render" (Page 671)?
08/24/2023 Question & Answer Memo
A1: Correct, the seventh Whereas of Planning Commission Resolution No. 2837, should read as follows, “WHEREAS, the proposed Change of Zone will not render the existing improvements on the site or land uses nonconforming with any applicable Palm Desert Zoning Ordinance standards.” City staff will proceed with correcting the original resolution for the official record.
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 24, 2023
PREPARED BY: Mindy Esqueda, Emergency Services Coordinator REQUEST: APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT
SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR A THREE-YEAR TERM FROM FY2024/2025 TO
FY2026/2027
RECOMMENDATION:
1. Approve Agreement for Law Enforcement Services with the County of Riverside for a threeyear term effective from July 1, 2024, through June 30, 2027.
2. Authorize the City Attorney to make any necessary, non-monetary changes to the Agreement.
3. Authorize the Mayor to execute the Agreement and any documents necessary to effectuate and implement the actions taken herewith.
BACKGROUND/ANALYSIS:
The current Agreement for Law Enforcement Services between the City of Palm Desert and the County of Riverside will expire on June 30, 2024. Staff reviewed this new agreement and found it to be identical to the current document, with minor non-substantial changes. Either party may still terminate the agreement upon providing not less than twelve (12) months written notice, prior to the effective termination date.
Strategic Plan:
This matter is related to the Public Safety and Emergency Services section of the Palm Desert Strategic Plan, specifically under Priority 1: Enhance the Delivery of Public Safety Services. The priority’s strategy is to expand the existing superlative services provided by the fire and police departments to address future growth and safety concerns.
Project Description:
The Level of Service in the Agreement is as follows:
Average Patrol Services
144 supported hours per day (equivalent of 28 Deputy Sheriff positions at 1,884 annual productive hours per position
Non-Dedicated Positions
One (1) Deputy Sheriff position (Commercial Enforcement)- Supported (Cove Communities Shared Positions)
Two (2) Deputy Sheriff positions (Burglary Suppression)- Supported
City of Palm Desert
Approval of Law Enforcement Services Agreement
Dedicated Positions
One (1) Sheriff Lieutenant position
Two (2) Sheriff’s Sergeant positions (Business District Team and Traffic) Four (4) Deputy Sheriff positions (Motor Officers)- Supported Three (3) Deputy Sheriff positions (SET)- Supported
Four (4) Deputy Sheriff positions (Business District)- Supported Two (2) Deputy Sheriff positions (School Resource)- Unsupported One (1) Deputy Sheriff position (Violent Grime Gang Task Force)- Unsupported One (1) Deputy Sheriff position (Coachella Valley Narcotics Task Force)- Unsupported
Eleven (11) Community Officer II positions
Over the last year, City staff has worked closely with Palm Desert Sheriff Station staff on developing service level metrics, reallocating positions to respond to community concerns, and putting the automated license plate reader (ALPR) system into operation to keep staffing levels flat. Going forward, the City will work with the Sheriff’s department on evaluating cost recovery charges, reporting out ALPR data, and continue to monitor response times. Maintaining this partnership with the Sheriff will continue to allow the City to refine law enforcement services in Palm Desert and preserve the community’s safety.
FINANCIAL IMPACT:
The approved Fiscal Year (FY) 2023/24 budget for police services in the City of Palm Desert is approximately $21.5 million. This amount was based on the Riverside County Sheriff’s Department projected FY2023/24 contract rate increase of 2-2.5%. Staff estimates the FY 2024/25 budget request for police services will be approximately $21.9 million based on recent contract rate increases reflected below:
FISCAL YEAR CONTRACT RATE INCREASE BUDGET TOTAL
22/23 1.89% $20.9 million
23/24 2-2.5%*projected $21.5 million
The Riverside County Sheriff’s Department will provide the exact contract rate increase for FY2023/24 once approved by the Board of Supervisors in the Spring of 2024. Cities are charged prior year rates until that time and receive a rate adjustment invoice for the difference.
ATTACHMENTS:
1. Agreement for Law Enforcement Services
CITY OF PALM DESERT
CITY MANAGER’S OFFICE
INTEROFFICE MEMORANDUM
Date: August 24, 2023
To: Honorable Mayor and Councilmembers
From: Anthony J. Mejia, City Clerk
Subject: City Council Meeting of August 24, 2023
Below you will find questions received from the Mayor or Councilmembers and answers provided by City staff regarding tonight’s City Council meeting:
ITEM 13d: ACCEPT RESIGNATIONS FROM THE CIVIC ENGAGEMENT COMMITTEE, CULTURAL
ARTS COMMITTEE, AND PARKS AND RECREATION COMMITTEE
Q1: Where are the full bylaws posted on the City’s website? A1: The City Council recently adopted an ordinance to incorporate all bylaws into the Palm Desert Municipal Code (PDMC) for consolidation and easy reference. Please see Title 2, Administration and Personnel, to access the bylaws. In the coming days, City staff will also update the Advisory Body landing webpage to include hyperlinks to the PDMC section of the applicable bylaws.
Q2: Wasn’t there a discussion of permitting non-residents that may hold subject matter experience?
A2: PDMC 2.34.030 states that the City Council may appoint a nonresident in cases where the City Council deems it appropriate to appoint a nonresident who offers specific expertise. In these circumstances, the City Council was unaware that the candidates where nonresidents and therefore did not make a finding or determination that it was necessary to appoint a nonresident for special expertise.
Q3: What measures have been implemented to ensure applicants live within city boundaries as necessary?
A3: City staff has reviewed and verified all appointed body members and applicants are registered voters of the City or their residences are located within City limits. Going forward, City staff will verify the voter registration and/or residential address is within City limits prior to interviews and will ensure that the interview documents indicate whether a candidate is a nonresident.
08/24/2023 Question & Answer Memo
ITEM 13e: HOUSING AUTHORITY: RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF A HOUSING AND LOAN AGREEMENT WITH A0358 MONTEREY, L.P., APPROVING A LOAN IN THE AMOUNT OF $7,235,000 FOR CONSTRUCTION OF 176 AFFORDABLE
HOUSING UNITS AND RELATED ACTIONS
ITEM 13g: APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND A0358 MONTEREY, LP, FOR THE CROSSINGS AT PALM DESERT APARTMENTS
PROJECT
Q1: Why is only one, 3-bedroom unit allotted under the 80% AMI and zero designated under the 59% AMI (page 164/298)?
A1: One of the City’s Housing Element’s program, Program 4C, is to implement programs or assist in housing affordable to extremely low-income households. It is difficult to locate adequate and affordable housing if there is a limited supply of larger units. Prices for larger units tend to be affordable only to moderate- and above-moderate income households. Based on the need of units for larger families for lower income households and to maintain the feasibility of the Project, the three-bedroom units were allocated primarily for extremely low households.
Q2: With a priority for Veterans identified, is there a cap on units held for Veterans (page 299)?
A2: Units are not set aside for veterans, therefore there is no cap. Typically, priority to Veterans is provided in the selection from the waitlist when a unit becomes available. The developer will establish a policy on the selection of Households or individuals from the waiting list, including any preference. In accordance with the implemented preferences, Veterans will have priority.
Q3: How frequently has the city had to exercise such inspections as provided in Section 5.2 Maintenance, Repair, Alterations (Page173/306)?
A3: These types of inspections are routinely conducted by the other funding sources and the City is provided any findings. Only when there are findings or concerns does the City exercise the option described in Section 5.2; the City has exercised this option minimal times.
ITEM 13f: APPROVE SECOND AMENDMENT TO THE EL PASEO PARKING & BUSINESS
IMPROVEMENT DISTRICT CONTRACT WITH FG CREATIVE
Q1: Which have the most successful campaigns? How is return on investment (ROI) measured?
A1: The EPPBID’s work is multifaceted, and over the years the board has found ways to make its small budget work hard to help achieve its goals. The ultimate goal is to bring people to the street to help support the many stores, galleries, and restaurants in the district. In terms of marketing, they’ve had great success with social media, raising brand awareness and inviting people to the street whenever there is any kind of activation. The partnership with Palm Springs Life has also been beneficial, using direct email, a dedicated website, and physical pieces such as the El Paseo Catalogue. In each case, ROI is measured by the number of people reached, and their engagement with the content provided through each medium.
08/24/2023 Question & Answer Memo
ITEM 13j: REQUEST FOR MAYOR PRO TEM QUINTANILLA TO PARTICIPATE IN THE 2024
LEADERSHIP COACHELLA VALLEY PROGRAM
Q1: What is the rationale for charging this to the general local meetings budget, which has $9,000 to cover everyone's local meetings for the year, rather than to the individual discretionary budget for contributions/meetings of $2,500 per councilmember? A1: This item was brought forward because it was City staff’s understanding that Mayor Pro Tem Quintanilla was seeking funding to attend Leadership Coachella Valley. The individual councilmember discretionary budget would be an appropriate source for payment of Leadership Coachella Valley and Mayor Pro Tem Quintanilla has the full budget of $2,500 available.
ITEM 13o: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND
FACILITIES REPAIRS AND IMPROVEMENT PROJECTS
Q1: What is the location of the evaporative cooler at Civic Center park? A1: The evaporative cooler in Civic Center Park is located at the baseball field snack bar.
Q2: Why is there only an evaporative cooler and not AC units at the Soccer Park and Freedom Park?
A2: Evaporative coolers are an effective and energy efficient way to cool the snack bars at the parks for most of the year, especially when outdoor sports are taking place.
ITEM 14a: APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE FOR A THREEYEAR TERM FROM FY2024/2025 TO FY2026/2027 Q1: In keeping staffing levels flat, with the assistance of ALPR, does this allow for deputies to move to other specialized units? Does “reporting out ALPR data” include record requests out of state? Can we get these reports after the first quarter, and monthly thereafter?
A1: The ALPR system increases a deputy’s efficiency in responding to a crime. As a result, they can return to patrol duty sooner which increases their ability to proactively patrol the community. With the City’s ALPR program going live last October, the City has reported out to the Public Safety Committee and City Council on the number of cases ALPR has helped solve and effectiveness of the system with law enforcement activity. The Sheriff’s Department is in the process of creating a “Transparency Portal” which will include shared agencies and out-ofstate agency requests. Once the portal is live, the City will include its information into the regular updates to the Public Safety Committee and City Council.
Q2: What is the annual cost for the California Identification System and Records Management System (Page 584, Section 2.2)? How often does City staff utilize RMS or DOJ access under CLETS [Page 584, Section 2.2A, subsections (a) and (b)]? A2: The cost of the CAL-ID system is $50,889. This system is a statewide fingerprint ID system.
The cost of the Records Management System (RMS) is $117,577. This is a system that stores records. City staff does not utilize CAL-ID, RMS, DOJ law enforcement systems, nor the California Law Enforcement Telecommunications System (CLETS). These systems are utilized by Sheriff’s Department personnel on a regular basis in performance of their work duties.
Q4: Has the City ever had an appointed Police Chief (Page 585, Section 4)? A4: The City’s dedicated lieutenant serves as the City’s Police Chief with guidance from the Palm Desert Station Commander. The City, through the City Manager, has a say in who is
08/24/2023 Question & Answer Memo
appointed to be the City’s dedicated lieutenant. The Palm Desert Station Commander is selected by the Sheriff’s Department.
Q5: Administrative fees will not be charged to the City if those charges are provided free of charge to any City in the County. Does Palm Desert get charged the same fees as others for services charged to other cities (Page 587, Section 7)? A5: Government Code 51350 states the Sheriff’s Department cannot charge one city for a service that is available to all areas of the County. These fees are those types of charges described in Section 7 and not included in the contract rate. They include Special Investigations Bureau, SERT (Emergency Services Team), and Aviation. Otherwise, a contract city is charged the same rate as all other contract cities.
Q6: What is the average annual cost for miscellaneous costs? What is the annual budget allocation (Page 588, Section 7.6)?
A6: The annual budget amount is $70,000 and based on prior year actuals. These are costs for blood draws, blood analysis, sexual assault exams and other related items that law enforcement will request from the approved provider if needed for the investigation.
Q8: What is the timeline in which RSO agrees to return records as requested (Page 589, Section 10)?
A8: Depending upon the nature of the request, the Sheriff’s Department responds in a reasonable amount of time often same the day or week. Overall, the Sheriff’s Department is bound by the requirements of the California Public Records Act.
ITEM 14b: PALM DESERT REDISTRICTING 2023 - REVIEW OF THE SCHEDULE OF PUBLIC HEARINGS/WORKSHOPS AND PUBLIC EDUCATION AND OUTREACH PLAN –
OPTIONAL PROCESSES FOR ESTABLISHING DISTRICT BOUNDARIES Q1: Can the timeline be extended for additional days since residents were understandably focused on recovery from Hurricane Hillary?
A1: If requested by the City Council, City staff recommends adjusting the Community Workshop #1 to Tuesday, September 19, 2023, at 6:00 p.m. but maintaining the overall schedule to ensure that a final map and associated ordinances are adopted in advance of the April deadline.
ITEM 14d: REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING CHAPTER
5.04 REGARDING MODIFICATION, SUSPENSION, OR REVOCATION OF BUSINESS
LICENSES
Q1: How often does the City revoke licenses? Are they frequently appealed? A1: In the last 8 months, the City initiated two revocations; Sweet Spot and AZ Spa. Of those, City Council held the revocation hearing on Sweet Spot, but it was not appealed to the district court. AZ Spa canceled its license, and the revocation hearing did not occur.
In the 15 years prior, the City initiated seven license revocations and City staff is not aware that any were appealed.
ITEM 15c: ORDINANCE TO CHANGE THE ZONING DESIGNATION OF PARCEL 1 OF PARCEL MAP NO. 36614, LOCATED APPROX. 500 FEET FROM NW CORNER OF HWY 111 AND FRED WARING DR. FROM RESORT COMMERCIAL CENTER (PC-4) TO DISTRICT COMMERCIAL CENTER (PC-2) - CEQA FINDING
Q1: Is the 7th Whereas clause in the Planning Commission resolution missing the word "not," as in "will not render" (Page 671)?
08/24/2023 Question & Answer Memo
A1: Correct, the seventh Whereas of Planning Commission Resolution No. 2837, should read as follows, “WHEREAS, the proposed Change of Zone will not render the existing improvements on the site or land uses nonconforming with any applicable Palm Desert Zoning Ordinance standards.” City staff will proceed with correcting the original resolution for the official record.
LAW
ENFORCEMENT
AGREEMENT
AVERAGE
PATROL
SERVICES
NONDEDICATED
POSITIONS
DEDICATED
POSITIONS
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: August 24, 2023
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: PALM DESERT REDISTRICTING 2023 - REVIEW OF THE SCHEDULE
OF PUBLIC HEARINGS/WORKSHOPS AND PUBLIC EDUCATION AND
OUTREACH PLAN – OPTIONAL PROCESSES FOR ESTABLISHING
DISTRICT BOUNDARIES
RECOMMENDATION:
1. Approve the Public Education and Outreach Plan & Schedule of Public Hearings/Workshops.
2. Provide direction relative to optional processes for establishing district boundaries.
BACKGROUND/ANALYSIS:
On June 22, 2023, the City Council voted 5-0 to direct staff to take the necessary steps to transition to five (5) single-member districts prior to the November 2024 Election and to eliminate use of Ranked Choice Voting (RCV) in future elections.
Since that time, the City Attorney and Attorney Kevin Shenkman have reached a mutual understanding that the existing settlement agreement/stipulated judgement allows the City to adopt a five-district system as an alternative to RCV, without further action by the Court. As such, once the City Council concludes the redistricting process and adopts a final map it is anticipated that an ordinance rescinding use of RCV will be presented for City Council consideration.
Furthermore, to ensure staff is ready to proceed with the redistricting process upon City Council’s adoption of the Public Education and Outreach Plan, the City Manager, under his authority, executed agreements with National Demographic Corporation (NDC) for demographer services and Tripepi Smith for outreach and engagement services (currently being routed for signatures).
The City Council previously expressed support for the selection of NDC to serve as the City’s demographer. Tripepi Smith has extensive experience working with local governments related to election matters and districting/redistricting. Tripepi Smith assisted the City in the 2018 district formation process and the 2022 RCV public education effort with positive feedback from staff.
Assembly Bill 764 is circulating through the legislature and appears to have broad support and likely to pass into law. AB 764 expands the FAIR Maps Act by increasing the public hearing and public outreach requirements. If adopted, AB 764 would take effect January 2024 and any districting/redistricting processes in progress would need to comply with its requirements. As such, staff and legal counsel have studied AB 764 and tailored the schedule of public hearings and Public Education and Outreach Plan to comply with the provisions of AB 764, as it stands today. See Attachment 1 for the schedule of public hearings/workshops and Public Education and Outreach Plan.
City of Palm Desert
Redistricting Public Education and Outreach Plan
Optional Processes for Establishing District Boundaries (E.C. §23000 et seq.) There are several optional methods available for updating district boundaries, including establishing a Council-Driven Process, Advisory Redistricting Commission, Independent Redistricting Commission, or Hybrid Redistricting Commission. Additional details are provided in Attachment 2.
FINANCIAL IMPACT:
Below is a summary of the contracts associated with redistricting. There is sufficient funding in the Elections Budget for these costs.
Provider SERVICE Amount
National Demographics Corp. Demographer Services $60,000 Tripepi Smith Outreach & Engagement Services
$60,000
($40,000 for direct services &
$20,000 advertising)
Professional Interpreting On-Call Spanish Translation and Interpreter Services $5,000
CASL Interpreting On-Call American Sign Language
Interpreter Services $5,000
Printing & Mailing Company Citywide Mailer $25,000 (estimate) TOTAL $155,000
ATTACHMENTS:
1. Draft Public Education and Outreach Plan & Schedule of Public Hearings/Workshops
2. Optional Processes for Establishing District Boundaries
3. Contract – National Demographics Corporation
4. Contract – Tripepi Smith (draft)
Public Education & Outreach Plan
PALM DESERT
REDISTRICTING 2023
DRAFT
Palm Desert Redistricting 2023 Public Education and Outreach Plan City of Palm Desert Page 1
PUBLIC EDUCATION AND OUTREACH PLAN
In accordance with Assembly Bill 764, this Public Education and Outreach Plan is organized to address the provisions of Election Code 21160:
Financial Resources
The City has executed agreements with: 1) National Demographic Corporation to serve as the City’s demographer in an amount not to exceed $60,000, 2) Tripepi Smith to provide outreach and engagement services in an amount not to exceed $60,000, of which $40,000 is budgeted for direct services and $20,000 for advertising, 3) Professional Interpreting to provide on-call Spanish-language document translation and interpreter services in an amount not to exceed $5,000; and 4) CASL Interpreting for on-call American Sign Language interpreter services in an amount not to exceed $5,000. In addition, the City has allocated $25,000 (estimate) for a Citywide English/Spanish mailer to inform residents about the redistricting process. Total financial resources allocated: $155,000.
Key Personnel
The City Clerk has been designated to serve as the primary staff resource and key contact for resident inquires related to redistricting. Other key personnel include William Priest, of Best, Best & Krieger, serving as legal counsel for redistricting/election-related matters; Doug Johnson and Shalice Tilton, of National Demographic Corporation, serving as the City’s demographer; and Jennifer Nentwig and Melanie Moore, of Tripepi Smith, serving as consultants for public education and engagement efforts.
Local Media
The City will issue at least two (2) press releases to each of the identified media organizations below to ensure local media aids our efforts to reach residents. The City will identify media, including those that serve language minority communities, to ensure that we reach diverse media. It is anticipated the first press release will announce the redistricting kickoff and schedule and the second press release will announce the adoption of final map. • Known Local Media:
o English: The Desert Sun, KESQ, NBC Palm Springs, K-NEWS/Alpha Media, iHub Radio, Desert Entertainer, Palm Springs Life, CV News Desk, and Coachella Valley Independent o Spanish: La Prensa Hispana, El Informador del Valle, Televisa Univision, and Telemundo Palm Springs • Good faith efforts will be made to identify additional local media organizations, including those that serve language minority communities.
Social Media
The City will utilize both social media and paid boosted advertising on social media platforms on a regular basis to reach residents including Facebook, Twitter, Instagram, Google Display Ads, and YouTube Ads.
Legal Notices
The City will post or publish public hearing notices on the project website, at locations where the City Council agenda is posted, and in the Desert Sun and La Prensa Hispana.
Radio Advertising
The City will utilize paid radio advertising on top-performing English and Spanish radio stations which serve the greater Palm Desert area:
• English – Alpha Media (Mix 100.5, K-NEWS 104.7)
• Spanish – La Ponderosa 96.7, La Suavecita 94.7
• Bilingual – Spotify & Pandora (geo-targeted placements)